HOUSE OF KEPiet

Republic of the Philippines
HOUSE OF REPRESENTATIVES)
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO.

NTATIVES

452 REESTPATION UN
BILLS AND INULX SERVICE

Introduced by Honorable Lucy Marie Torres-Gomez

EXPLANATORY NOTE

Republic Act No. 10627 or the “Anti-Bullying Act of 2013” is a
relatively new law which seeks to address hostile environment at school
that disrupts the education process which, in turn, is not conducive to the
total development of a child at school.

In view of its school-based approach, however, RA 10627 fails to
remedy non-school related acts of bullying in the wider community. The
laudable purposes of the law practically begins and ends on school
grounds, It is for this reason that an amendatory law is needed to give the
existing remedial legislation a greater reach of its coverage.

It is interesting to note, parenthetically, that the Vice President
expressed recently that he felt being “bullied” by the Senate and other
detractors, while not long after, Senator Grace Poe remarked similarly
that she was being “bullied” by a litigant and other critics who are
questioning her citizenship and residency. While probably spoken with
tongue-in-cheek, these offhand remarks manifest a widespread revulsion
at acts of bullying which are generally considered morally reprehensible.

It is not too early to make refinements to the anti-bullying law. By
its own terms, RA 10627 would not be dealing with the iconic “street-
bully”, but experience reveals that there have been many instances of
bullying committed in out-of-school contexts.

It is for the foregoing reasons that the immediate approval of this

bill is respectfully recommended. ;
LUCY TORRES GOMEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

re
HOUSE BILL No._492

Introduced by Honorable Lucy Marie Torres-Gomez

AN ACT
EXPANDING THE COVERAGE OF REPUBLIC ACT
NUMBERED ONE HUNDRED SIX TWENTY-SEVEN (R. A, NO.
10627), OTHERWISE KNOWN AS THE “ANTI-BULLYING ACT

OF 2013”

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

SECTION 1. Short Title. - This Act shall be known as the

“Expanded Anti-Bullying Act.” SH

SEC. 2. Definition of Bullying. - Section 2 of Republic Act
Numbered One Hundred Six Twenty-Seven (R. A. No. 10627), otherwise

known as the “Anti-Bullying Act of 2013”, is hereby amended to read as

follows:

“SEC, 2. Acts of Bullying. - For purposes of this Act,
“bullying” shall refer to any severe or repeated use by one or
more CHILDREN [students] of a written, verbal or
electronic expression, or a physical act or gesture, or any
combination thereof, directed at another CHILD [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 OR IN
THE COMMUNITY for the other CHILD [student];
infringing on the rights of the other CHILD [student at
school]; or materially and substantially disrupting the
GROWTH PROCESS [education process or the orderly
operation of a school]; such as, but not limited to the
following:

SOXGXIK
Woe
tO
“XXX

“UNDER THIS ACT, “CHILD” OR “CHILDREN”
REFER TO PERSONS BELOW EIGHTEEN (18) YEARS
OF AGE OR THOSE OVER BUT ARE INCAPABLE OR
UNABLE TO FULLY TAKE CARE OF THEMSELVE:

SEC. 3. Expanded Coverage. - Notwithstanding the provisions of
R. A. No. 10627, the coverage, policies, mechanisms, reportorial
requirement and sanctions for non-compliance of the Anti-Bullying Act,

with appropriate changes, shall be applicable to non-school context in the

community, va

SEC. 4. Adoption of Anti-Bullying Policies. - The Department of
Social Welfare and Development (DSWD) is hereby directed to adopt
policies to address the existence of bullying in the barangays, to govern
non-school related instances of bullying. Such policies shall be regularly
updated and shall include, with appropriate changes, the provisions of

Section 3 of R. A. No. 10627.


SEC. 5. Mechanisms to Address Bullying. — To govern instances of
non-school related acts of bullying, the local social welfare (DSWD)
officer shall be responsible for the implementation and oversight of
policies provided herein.

Any responsible member of the community, particularly barangay
officials, shall immediately report any instance of bullying or act of
retaliation witnessed, or that has come to one’s attention, to the local
social welfare officer or person so designated by him/her to handle such
issues, or both. Upon receipt of such a report, the local social welfare
officer or designated officer shall promptly investigate. If it is determined
that bullying or retaliation has occurred, the local social welfare officer or
his/her designate shall:

(a) Notify the law enforcement agency if the local social officer
or designate believes that criminal charges under the Revised Penal Code
may be pursued against the perpetrator;

(b) Notify the parents or guardians of both the perpetrator(s) and
the victim(s), and with respect to the latter, as to the action taken to
prevent any further acts of bullying or retaliation; and

(c) Conduct immediate counseling or referral to appropriate

services for the perpetrators, victims and respective families.


SEC. 6. Dissemination and reportorial requirements. - The
DSWD shall disseminate to all barangays the anti-bullying policies
formulated within six (6) months from the effectivity of this Act.

At the end of every calendar year following the effectivity of this
‘Act, every barangay chairman shall submit to the local social welfare
officer a report on all relevant information and statistics on acts of
bullying or retaliation, The local social welfare officer shall compile these
data and report the same to the Secretary of the DSWD who shall
likewise formally transmit a comprehensive report to the Committee on

Youth of both the House of Representatives and the Senate.

SEC. 7. Sanction for Noncompliance, — In the rules and regulations
to be implemented pursuant to this Act, the Secretaries of the DSWD and
the Department of the Interior and Local Government (DILG), shall
prescribe the appropriate administrative sanctions on local social welfare
officers and barangay officials who shall fail to comply with the

requirements under this Act,

SEC. 8. Implementing Rules and Regulations. — Within ninety (90)
days from the effectivity of this Act, the DSWD and the DILG shall
jointly promulgate the necessary rules and regulations to implement the

provisions of this Act.


SEC. 9, Separability clause. — If any provision of this Act is
declared invalid, the provisions thereof not affected by such declaration

shall remain in force and effect.

SEC. 10. Repealing clause. - All acts, decrees, executive orders,
rules and regulations and other issuances or parts thereof inconsistent

with the provisions of this Act are hereby repealed, modified or amended.
SEC. 11.  Effeetivity clause. - This Act shall take effect fifteen
(15) days after its publication in the Official Gazette or in a newspaper of

general circulation.

Approved,