Anti - Bullying Act of 2012

The House of Representatives has recently approved on third and final reading a bill
requiring all elementary and secondary schools to adopt policies that will prevent and address the
acts of bullying in their institutions.
House Bill 549! to be "nown as the #$nti%Bullying $ct of &'(&!# see"s to provide
students and their parents or guardians awareness of the impact of bullying and how it can be
prevented or addressed.
The bill was endorsed for plenary approval by the House )ommittee on Basic *ducation
and )ulture chaired by Rep. +alvador *scudero ,,, -(st .istrict! +orsogon/.
The measure shall require all elementary and secondary schools to adopt policies that will
address the e0istence of bullying in the respective institutions.
#The anti%bullying policies should be included in the school1s student and employee
handboo" provided to students and parent%guardians!# said Rep. 2ary 2it3i )a4ayon -&nd
.istrict! )aloocan )ity/! one of the authors of the bill.
#.etails of the anti%bullying policies should be conspicuously posted in school websites
and school walls!# )a4ayon said.
5nder the bill! e0isting schools shall submit their anti%bullying policies to the .epartment
of *ducation within si0 months upon effectivity of the law.
$ll school%related bullying incidents must be reported to their respective schools1 division
superintendents! who in turn shall compile and report to the +ecretary of *ducation.
The .epartment of *ducation -.ep*d/ is mandated to submit a report on bullying
incidents to the appropriate )ongressional committee and shall sanction school administrators
for non%implementation of anti%bullying policies and non%compliance with the reportorial
requirements.
The bill requires the anti%bullying policies to be included as an administrative
requirement prior to the operation of new schools.
6urthermore! the measure mandates the .ep*d to include in its training programs!
courses or activities and opportunities for school administrators! teachers and other employees to
develop their "nowledge and s"ills in preventing bullying in schools.
The measure refers to bullying as any severe or repeated use of written! verbal! or
electronic e0pression! or a physical act or gesture! or any combination by one or more students
directed at another student that has the effect of actually causing or placing the latter in a
reasonable fear of physical or emotional harm or damage to the property! creating a hostile
environment at school and ,nfringing on the rights of the other students at school.
The co%authors of the bill are Reps. )hristopher )o -7arty 8ist! $9: B,):8/! Rodel
Batocabe -7arty 8ist! $9: B,):8/! $lfredo ;arbin! <r. -7arty 8ist! $9: B,):8/ and <uan
*dgardo $ngara -8one .istrict! $urora/.
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Second Regular Session
HOUSE OF REPRESENTATIVES
H. No. 5!"
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
+*)T,:= (. Short Title. A This $ct shall be "nown as the B$nti%Bullying $ct of &'(&C.
+*). &. Acts of Bullying. A 6or purposes of this $ct! BbullyingC shall refer to any severe
or repeated use by one or more students of a written! verbal or electronic e0pression! or a
physical act or gesture! or any combination thereof! directed at another student that has the effect
of actually causing or placing the latter in reasonable fear of physical or emotional harm or
damage to his propertyD creating a hostile environment at school for the other studentD infringing
on the rights of the other student at schoolD or materially and substantially disrupting the
education process or the orderly operation of a schoolD such as! but not limited to! the followingE
-a/ $ny unwanted physical contact between the bully and the victim li"e punching!
pushing! shoving! "ic"ing! slapping! tic"ling! headloc"s! inflicting school pran"s! teasing!
fighting and the use of available ob4ects as weaponsD
-b/ $ny act that causes damage to a victimFs psyche andGor emotional well%beingD
-c / $ny slanderous statement or accusation that causes the victim undue emotional
distress li"e directing foul language or profanity at the target! name%calling! tormenting and
commenting negatively on victimFs loo"s! clothes and bodyD and
-d/ )yber%bullying or any bullying done through the use of technology or any electronic
means.
+*). H. Adoption of Anti-Bullying Policies. A $ll elementary and secondary schools are
hereby directed to adopt policies to address the e0istence of bullying in their respective
institutions. +uch policies shall be regularly updated and! at a minimum! shall include provisions
whichE
-a/ 7rohibit the following actsE
-(/ Bullying on school groundsD property immediately ad4acent to school groundsD at
school%sponsored or school%related activities! functions or programs whether on or off school
groundsD at school bus stopsD on school buses or other vehicles owned! leased or used by a
schoolD or through the use of technology or an electronic device owned! leased or used by a
schoolD
-&/ Bullying at a location! activity! function or program that is not school related and
through the use of technology or an electronic device that is not owned! leased or used by a
school if the act or acts in question create a hostile environment at school for the victim! infringe
on the rights of the victim at school! or materially and substantially disrupt the education process
or the orderly operation of a schoolD and
-H/ Retaliation against a person who reports bullying! who provides information during
an investigation of bullying! or who is a witness to or has reliable information about bullyingD
-b/ ,dentify the range of disciplinary administrative actions that may be ta"en against a
perpetrator for bullying or retaliation which shall be commensurate with the nature and gravity of
the offenseD
-c/ *stablish clear procedures and strategies forE
-(/ Reporting acts of bullying or retaliationD
-&/ Responding promptly to and investigating reports of bullying or retaliationD
-H/ Restoring a sense of safety for a victim and assessing the studentFs need for
protectionD
-4/ 7rotecting from bullying or retaliation of a person who reports acts of bullying!
provides information during an investigation of bullying! or is witness to or has reliable
information about an act of bullyingD and
-5/ 7roviding counseling or referral to appropriate services for perpetrators! victims and
appropriate family members of said studentsD
-d/ *nable students to anonymously report bullying or retaliationE Provided ho!ever
That no disciplinary administrative action shall be ta"en against a perpetrator solely on
the basis of an anonymous reportD
-e/ +ub4ect a student who "nowingly ma"es a false accusation of bullying to disciplinary
administrative actionD and
-f/ *ducate parents and guardians about the dynamics of bullying! the anti%bullying
policies of the school and how parents and guardians can provide support and reinforce such
policies at home. $ll elementary and secondary schools shall provide students and their parents
or guardians a copy of the anti%bullying policies being adopted by the school. +uch policies shall
li"ewise be included in the schoolFs student andGor employee handboo" and shall be
conspicuously posted on the school walls and website! if there is any.
The .epartment of *ducation -.ep*d/ shall include in its training programs! courses or
activities which shall provide opportunities for school administrators! teachers and other
employees to develop their "nowledge and s"ills in preventing or responding to any bullying act.
+*). 4. "echanisms to Address Bullying. A The school principal or any person who holds
a comparable role shall be responsible for the implementation and oversight of policies intended
to address bullying.
$ny member of the school administration! student! parent or volunteer shall immediately
report any instance of bullying or act of retaliation witnessed! or that has come to oneFs attention!
to the school principal or school officer or person so designated by the principal to handle such
issues! or both. 5pon receipt of such a report! the school principal or the designated school
officer or person shall promptly investigate. ,f it is determined that bullying or retaliation has
occurred! the school principal or the designated school officer or person shallE
-a/ =otify the law enforcement agency if the school principal or designee believes that
criminal charges under the Revised 7enal )ode may be pursued against the perpetratorD
-b/ Ta"e appropriate disciplinary administrative actionD
-c/ =otify the parents or guardians of the perpetratorD and
-d/ =otify the parents or guardians of the victim regarding the action ta"en to prevent any
further acts of bullying or retaliation.
,f an incident of bullying or retaliation involves students from more than one school! the
school first informed of the bullying or retaliation shall promptly notify the appropriate
administrator of the other school so that both may ta"e appropriate action.
+*). 5. Reporting Re#uirement. A $ll schools shall inform their respective schools
division superintendents in writing about the anti%bullying policies formulated within si0 -/
months from the effectivity of this $ct. +uch notification shall li"ewise be an administrative
requirement prior to the operation of new schools.
Beginning with the school year after the effectivity of this $ct! schools shall report to
their respective schools division superintendents all incidents involving school bullying. The
schools division superintendents shall compile these data and report the same to the +ecretary of
the .ep*d who shall li"ewise formally transmit a comprehensive report to the )ommittee on
Basic *ducation of both the House of Representatives and the +enate.
+*). . Sanction for $oncompliance. A ,n the rules and regulations to be implemented
pursuant to this $ct! the +ecretary of the .ep*d shall prescribe the appropriate administrative
sanctions on school administrators who shall fail to comply with the requirements under this $ct.
,n addition thereto! erring private schools shall li"ewise suffer the penalty of suspension of their
permits to operate.
+*). I. %mplementing Rules and Regulations. A Jithin ninety -9'/ days from the
effectivity of this $ct! the .ep*d shall promulgate the necessary rules and regulations to
implement the provisions of this $ct.
+*). K. Separability Clause. A ,f! for any reason! any provision of this $ct is declared to
be unconstitutional or invalid! the other sections or provisions hereof which are not affected
thereby shall continue to be in full force or effect.
+*). 9. Repealing Clause. A $ll laws! decrees! orders! rules and regulations or parts
thereof which are inconsistent with or contrary to the provisions of this $ct are hereby repealed!
amended or modified accordingly.
+*). ('. &ffectivity. A This $ct shall ta"e effect fifteen -(5/ days after its publication in at
least two -&/ national newspapers of general circulation.
$pproved!