Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

COMMITTEE REPORT No. _1515

ted by the Committee on Basic Education and Culture on
ant 5:

rai
RE : HOUSE NO. 5496

Recommending its approval in substitution of House Bill Nos. 2613, 2630 and
3812.

SPONSORS : __ Representatives Salvador H. Escudero III , Mary Mitzi “Mitch” L.
Cajayon, Christopher H. Co, Rodel M. Batocabe and Juan
Edgardo M. Angara

Mr. Speaker:

The Committee on Basic Education and Culture, to which were referred
House Bill No. 2613, introduced by Representative Mary Mitzi “Mitch” L. Cajayon,
entitled:

“AN ACT
REQUIRING THE DEPARTMENT OF EDUCATION TO ADOPT
POLICIES PROHIBITING HARASSMENT, INTIMIDATION AND
BULLYING IN ALL PRIMARY AND SECONDARY SCHOOLS”;

House Bill No. 2630, introduced by Representatives Christopher H. Co, Rodel M.
Batocabe and Alfredo A. Garbin, Jr., entitled:

“AN ACT
MANDATING SCHOOLS, COLLEGES AND UNIVERSITIES TO
CREATE AN-ANTI-BULLYING POLICY IN THEIR INSTITUTIONS”;

and House Bill No. 3812, introduced by Representative Juan Edgardo M. Angara,
entitled

“AN ACT
DEFINING AND PENALIZING THE CRIME OF BULLYING AND CYBER-
BULLYING”


“has considered the same and recommends that the attached House Bill No.
5 AQKG_. entitled:

“AN ACT
REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO
ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF
BULLYING IN THEIR INSTITUTIONS”

be approved in substitution of’ House Bill Nos. 2613, 2630 and 3812, with
Representatives Cajayon, Co, Batocabe, Angara, Garbin and Escudero, as
authors thereof.

Respectfully submitted,

ae
“(fdiee %
‘SAL’ /R H. ESCUD! m

Chairperson
Committee on Basic Education and Culture

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES:
QUEZON CITY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
‘ Second Regular Session

ant
HOUSE BILL ‘NO. _

{In substitution of House Bill Nos. 2613, 2630 and 3812)

Introduced by Representatives Cajayon, Co, Batocabe, Angara, Garbin and Escudero
AN ACT

REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES

TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembied:

1 SECTION 1. Short Title. - This Act shall be known as the “Anti-Bullying Act of
2012”.

SEC. 2. Acts of Bullying. - For purposes of this Act, “bullying” shall refer to
any severe or repeated use by one or more students of a written, verbal, or electronic
expression, 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 property; creating a
hostile environment at school for the other student; infringing on the rights of the
other student at scheol; or materially and substantially disrupting the education

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10 process or the orderly operation of a school; such as, but not limited to the following:

u (a) Any unwanted physical contact between the bully and the victim like
12 punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school
13 pranks, teasing, fighting and use of available objects as weapons;

4 (b) Any act that causes damage to a victim’s psyche and/or emotional well-
15 being;
16 {c) Any slanderous statement or accusation that causes the victim undue

17 emotional distress like directing foul languege or profanity at the target, name-calling,

18 tormenting and commenting negatively on victim's looks, clothes, body; and
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(4) Cyber-bullying or any bullying done through the use of technology or any

electronic means.

SEC. 3. Adoption of Anti-bullying Policies. - All elementary and secondary
schools are hereby directed to adopt policies to address the existence of bullying in
their respective institutions. Such policies shall be regularly updated and at a

minimum shall inchide provisions which:

(a) Prohibit the following acts:

(1) Bullying on school grounds, property immediately adjacent to school
grounds, at school-sponsored or school-related activities, functions or
programs whether on or off school grounds, at school bus stops, on
school buses or other vehicles owned, leased or used by a school, or
through the use of technology or an electronic device owned, leased dr
used by a school;

(2) 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 school; and

(3) 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 bullying.

(b) Identify the range of disciplinary administrative actions that may be taken
against a perpetrator for bullying or retaliation which shall be commensurate with the
nature and gravity of the offense;

(c) Establish clear procedures and strategies for:
(1) Reporting acts of bullying or retaliation;
(2) Responding promptly to and investigating reports of bullying or
retaliation;


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(3) Restoring a sense of safety for a victim and assessing that student’s
needs for protection;

(4) Protecting from bullying or retaliation 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 bullying; and

(5) Providing counseling or referral to appropriate services for

perpetrators, victims and appropriate family members of said students;

(c) Enable students to anonymously report bullying or retaliation: Provided,
however, That no disciplinary administrative action shall be taken against a
perpetrator solely on the basis of an anonymous report;

(d) Subject a student who knowingly makes a false accusation of bullying to
disciplinary administrative action; and

(c) Educate 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.

All elementary and secondary schools shall provide students and their parents
or guardians a copy of the anti-bullying policies being adopted by the school. Such
policies shall likewise be included in the school’s student and/or employee handbook
and shall be conspicuously posted on the school walls and website, if there is any.

‘The Department of Education shall include in its training programs courses or
activities which shall provide opportunities for school administrators, teachers and
other employees to develop their knowledge and skills in preventing or responding to
any bullying act.

SEC. 4. Mechanisms to Address Bullying. - 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.

Any member of the school administration, student, parent, or volunteer shall
immediately report any instance of bullying or act of retaliation witnessed, or that has.

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come to one’s attention, to the school principal or school officer or person so

designated by the principal to handle such issues, or both. Upon receipt of such @
report, the school principal or the designated school officer or person shall promptly
investigate. If it is determined that bullying or retaliation has occurred, the school
principal or the designated officer or person shall:

(a) Notify the law enforcement agency if the school principal or designee believes
that criminal charges under the Revised Penal Code may be pursued against the

perpetrator;
(b) Take appropriate disciplinary administrative action;
(c) Notify the parents or guardians of the perpetrator; and

(d) Notify the parents or guardians of the victim regarding the action taken to
prevent any further acts of bullying or retaliation.

If 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 take appropriate

action.

SEC. 5. Reporting Requirement. - All schools shall inform their respective
Schools Division Superintendent in writing about the anti-bullying policies formulated
within six (6) months from the effectivity of this Act. Such notification shall likewise be

an administrative requirement prior to the operation of new schools.

Beginning with the school year after the effectivity of this Act, schools shall
report to their respective school division superintendents all incidents involving school
bullying. The Schools Division Superintendent shall compile these data and report the
same to the. Secretary of the Department of Education who shall likewise formally
transmit a comprehensive report to the Committee on Basic Education of both the
House of Representatives and the Senate.


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SEC. 6. Sanction for Non-compliance. - In the rules and regulations to be
implemented pursuant to this Act, the Secrelary of the Department of Education shall
prescribe the appropriate administrative sanctions on schoo) administrators who shall
fail to comply with the requirements under this Act. In addition thereto, erring private

schools shall likewise suffer the penalty of suspension of their permits to operate.

SEC. 7. Implementing Rules and Regulations... Within ninety (90) days from
the effectivity of this Act, the Department of Education shall promulgate the necessary

rules and regulations to implement the provisions of this Act.

SEC. 8. Separability Clause. ~ If, for any reason, any provision of this Act 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.

SEC. 9. Repealing Clause. - All laws, decrees, orders, rules and regulations or
parts thereof, which are inconsistent with or contrary t the provision of this Act are
hereby repealed, amended or modified accordingly.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,


FACT SHEET

a 496
House Bilt No. 5498
{In Substitution of House Bill Nos. 2613, 2630 and 38:2)

. ANTI- BULLYING ACT

Introduced by: REPS. CAJAYON, CO, BATOCABE, ANGARA, GARBIN,
and ESCUDERO

Committee Referral: COMMITTEE ON BASIC EDUCATION & CULTURE

Committee Chairperson: REP. SALVADOR H. ESCUDERO Ill

OBJECTIVES:

To prevent and address the incidents of bullying in elementary and
secondary schools, thus enabling the development and growth of
emotionally and mentally healthy children

To provide students and their parents or guerdians an awareness of the
impact of bullying and how it can be prevented or addressed

KEY PROVISIONS:

Defines what constitutes bullying in elemeniary and secondary schools
Requires all elementary and secondary schools to adopt policies to address
the existence of bullying in their respective institutions

Requires that copies of anti-bullying policies be provided by the schools to
students and parents or guardians, to include such policies in the school’s
student or employee handbook and to have the same conspicuously posted
in school walls and website

Mandates the Department of Education to include in its training programs
courses or activities that will promote the knowledge and skills of school
administrators, teachers and other employees in preventing and handling
bullying incidents

Provides for the manner by which anti-bullying policies are to be
implemented

Requires existing schools to submit their anti-bullying polices to DepEd
within six (6) months within the effectivity of the law

Includes anti-bullying policy as administrative requirement prior to the
operation of new schools

Requires schools to submit a report of all school-related bullying incidents
to their respective schools division superintendent, who in turn shall
compile all the data and report the same to the Secretary of Education
Requires DepEd to submit the appropriate bullying reports to appropriate
Congressional committees and to sanction school administrations for non-
compliance with the reporting requirements

Provides sanctions to schools and school administrators for non-
implementation of anti-bullying policies and non-compliance with the
reportorial requirements

RELATED LAWS:

BP 232 ~ Education Act of 1982
RA 9155 - Governance in Basic Education Act