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Republic of the Philippines Die
HOUSE OF THE REPRESENTATIVES. ¢. Tl awn

Quezon City es ake
BN
SEVENTEENTH CONGRESS ars

First Regular Session Pets wit
803 DALS ah INsak SERVICE

HOUSE BILL No.

Introduced by HON. RODEL M. BATOCABE, HON. ALFREDO A. GARBIN, Jr. and
HON. CHRISTOPHER S. CO

EXPLANATORY NOTE

This bill seeks to deter, prosecute, and eliminate bullies and the culture of
bullying, especially the commission of such acts against the marginalized, oppressed,
and powerless (hereinafter referred to as MOP’s), and to establish institutions that
caters to the promotion of equality and social justice among citizens, regardless of race,
ethnic origin, religion, or religious affiliation or beliefs, sexual orientation, gender identity,
social status, age, looks, or political beliefs.

The 1987 Constitution declares that the State values the dignity of every human
person and guarantees full respect for human rights. It also imposes on the State the
duty to ensure the fundamental equality before the law of men and women. In addition,
the Philippines is a signatory to numerous international agreements that seek to ensure
respect for the human rights of all persons regardless of race, ethnic origin, religion, or
religious affiliation or beliefs, sexual orientation, gender identity, social status, age,
looks, or political beliefs.

Unfortunately, people who belong to the marginalized, oppressed, and powerless
sectors of society, such as women, children, religious minorities, the LGBT community
and indigenous peoples are still subject to the physical and verbal abuses of those who
are close-minded and discriminatory against them. No one has yet been prosecuted for
these constitutionally offensive acts.

It is high time that we instill in our people that the freedom of speech is not
without limits; that in order to attain equality and social justice and maintain the
democracy for which our ancestors died, the State needs to install measures to prevent
the undue suffering of the marginalized through the bullying of the perpetrators, and to
prevent MOP-bullying in society.

ALFREDO A\GARBIN, Jr. CHRISTOPHER S. CO



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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

803

HOUSE BILL No.

Introduced by HON. RODEL M. BATOCABE, HON. ALFREDO A. GARBIN, Jr. and
HON. CHRISTOPHER S. CO

AN ACT
DEFINING AND PENALIZING THE CRIME OF BULLYING OF THE MARGINALIZED,
OPPRESSED AND POWERLESS

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

SECTION 1. Title -— This Act shall be known as the “ANTI-MOP-BULLYING ACT OF
2016."

SECTION 2. Declaration of Policy. \t is the policy of the State to:

(a) Maintain peace and order, protect life, liberty and property, and promote the
general welfare for the enjoyment of the blessings of democracy by all
people;

(b) Recognize and promote the rights of the marginalized and oppressed citizens
within the framework of national unity and development;

(c) Give the highest priority to the enactment of measures that protect and
enhance the right of all the people to human dignity; reduce social, economic
and political inequalities; and remove cultural inequities by equitably diffusing
wealth and political power for the common good.

SECTION 3. Definition of Terms. For the purpose of this Act, the following terms shall
mean:

(a) Discrimination shall refer to any distinction, exclusion, restriction or reference
made on the basis race, ethnic origin, religion, or religious affiliation or
beliefs, sexual orientation, gender identity, social status, age, looks, or
political beliefs, whether perceived or actual, which has the effect or purpose
of impairing or nullifying the recognition, enjoyment or exercise, on an equal
footing, of the human rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other field of public life of a person
Education shall refer to all types and levels of education, and includes
access to education, the standard and quality of education, and the
conditions under which it is given.

Electronic devices shall include, but are not limited to, telephones and mobile
phones, computers, laptops and tablets, or any other device, tool or
implement that may be developed for instant messaging, text messaging,
chatting, emailing, video chatting, interaction in social networking websites,
or other virtual interaction.

(b)

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(d) Employment shall refer to the existence of an employer-employee
relationship, which is determined by the four-old test;

(1) Selection of the employee;

(2) Payment of wages;

(3) Power of dismissal; and

(4) Power of control.
This definition shall apply to regular, probational, contractual, seasonal
and project-based workers. In legitimate contracting or subcontracting
arrangements, the contractor/subcontractor shall be deemed the employer
of the contractual employee.

(e) Ethnic origin shall refer to the race, color, descent, national origin and
ethnolinguistics origin of a person.

(f) Indigenous peoples as provided under Section 3(h), Chapter II of Republic
Act No. 8371 or “The Indigenous Peoples Rights Act of 1997,” shall refer to a
group of people or homogenous societies identified by self-ascription and
ascription by others, who have continuously lived as an organized community
on communally bounded and defined territory, and who have, under claims of
ownership since time immemorial, occupied, possessed and utilized such
territories, sharing common bonds of language, customs, traditions and other
distinctive cultural traits, or who have, through resistance to political, social
and cultural inroads of colonization, non-indigenous religions and cultures,
became historically differentiated from the majority of Filipinos. Indigenous
Cultural Communities/Indigenous Peoples (ICCs/IPs) shall likewise include
peoples who are regarded as indigenous on account of their descent from
the populations which inhabited the country, at the time of conquest or
colonization, or at the time of inroads of non-indigenous religions and
cultures, or the establishment of present state boundaries, who retain some
or all of their own social, economic, cultural and political institutions, but who
may have been displaced from their traditional domains or who may have
resettled outside their ancestral domains.

(9) Marginalization refers to the social process of becoming or being relegated to
an unimportant or powerless position within a group, such that communities
and individuals are prevented from exercising their rights and from being
given opportunities and resources due to them.

(h) Oppression refers to a socially supported mistreatment and exploitation of a
group or category of people by anyone, most usually a person or group of
persons in the exercise of his/her/their authority,

(i) Religious belief refers to a strong belief in a supernatural power or powers
that control human destiny.

SECTION 4. Acts of MOP-bullying. For purposes of this Act, bullying of the
marginalized, oppressed, and powerless, or "MOP-bullying” shall refer to any severe or
repeated use by one or more persons of a written, verbal or electronic expression, or a
physical act or gesture, or any combination thereof, directed at another person because
of his race, ethnic origin, religion, or religious affiliation or beliefs, sexual orientation,
gender identity, social status, age, looks, or political beliefs, 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 in the political, economic, social,
cultural, civil, or any other field of public life of the latter; infringing on the rights of the
latter; or materially and substantially disrupting the public life of the latter or the orderly


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operation of public establishments intended for the use and enjoyment of the general
public; such as, but not limited to, the following:

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

(b) Any act that causes damage to a victim's psyche and/or emotional well-
being;

(c) Any slanderous statement or accusation that causes the victim undue
emotional distress like directing foul language or profanity at the target,
name-calling, tormenting and commenting negatively on the victim's looks,
clothes and body;

(d) Any act of discrimination where a person physically or verbally abuses
another because of race, ethnic origin, religion or religious affiliation or
beliefs, sexual orientation, gender identity, social status, age, looks, or
political beliefs; and

(e) Cyber-bullying or any bullying done through the use of technology or any
electronic means.

SECTION 5. Persons Liable. Any natural person who commits MOP-bullying through
any of the acts described in the preceding section shall be liable under this Act.

Any person, natural or juridical, including government of private corporation, institution
or company who requests, instructs, induces, encourages, authorizes or assists another
to commit acts of MOP-bullying shall also be liable under this Act. Any natural or
juridical person who is duty-bound to act on complaints of discrimination under this Act
but fails or refuses to do so shall be deemed to have sanctioned the act, and shall
consequently be held equally liable for MOP-bullying.

All government officers and workers are obliged to discourage and prevent MOP-
bullying from occurring in the discharge of their duties and responsibilities.

SECTION 6. Duty of the Commission on Human Rights (CHR). It shall be the duty of
the Commission on Human Rights (CHR), in coordination with concerned agencies and
organizations, to prevent or deter the commission of acts of mar-bullying and to provide
the procedures for the resolution, settlement or prosecution of acts of mar-bullying
Towards this end, the CHR shall: ‘

(a) Promulgate appropriate rules and regulations for the investigation of mar-
bullying cases and the administrative sanctions therefore;

(b) Oversee the implementation of this Act by agencies, corporations, companies
and educational institutions, whether private or public;

(c) Establish guidelines and mechanisms that will facilitate access of bullied
persons to legal remedies under this Act and related laws, and enhance the
protection and promotion of the rights of the Filipino people against mar-
bullying on the basis of race, ethnic origin, religion or religious affiliation or
beliefs, sexual orientation, gender identity, social status, age, looks, or
political beliefs;

(d) Coordinate with the Department of Education (DepEd) for the promotion of
understanding and racial, cultural, gender and social harmony in schools;


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(e) Assist in the filing of cases against individuals, agencies, institutions or
establishments, whether private or public, tHat violate the provisions of this
Act. For this purpose, the CHR shall:

(1) Provide legal assistance to victims of MOP-bullying such as
through the preparation of necessary pleadings, referral letters
and counseling;

(2) Forget Memoranda of Agreement with Bar Associations, non-
governmental organizations, law firms, and organizations that
provide legal aid to victims of mar-bullying to ensure adequate
and competent legal representation for the complainants;

(3) Accredit lawyers who will accept pro bono cases under this
Act; and

(4) Create an efficient system of case referrals to appropriate
government departments or agencies.

SECTION 7. Common Penal Provisions. Any person liable under this Act shall be
penalized by arresto mayor or imprisonment for a period of not less than thirty (30) days
or more than six (6) months and/or fine of not less than Ten thousand pesos
(Php10,000.00) nor more than One hundred thousand pesos (Php100,000,00), taking
into consideration the circumstances and gravity of the offense and the following
conditions, to wit:

(a) The penalty provided under this Act shall be imposed in its maximum period if
the offender has been previously convicted under this Act;

(b) When the offender is a corporation, penalty or association, the officer or
employee thereof who is responsible for the violation of this Act shall suffer
the penalty imposed in its maximum period;

(c) The penalty provided herein shall be imposed in its maximum period when
the perpetrator is an ascendant, parent, guardian, stepparent or collateral
relative within the second degree of consanguinity or affinity of the victim, or
is the manager or owner of an establishment which has no license to operate
or whose license has expired or has been previously revoked;

(d) An offender who is a foreigner shall be deported immediately after service of
sentence and shall be forever barred entry into the country;

(e) The penalty provided for in this Act shall be imposed in its maximum period if
the offender is a public official, officer or employee: Provided, That the
penalty of suspension shall also be imposed; and

(f) A fine to be determined by the court shall be imposed, which shall be remitted
by the courts to the CHR to be administered as a cash fund and disbursed for
the assistance of the victims.

SECTION 8. Administrative Proceedings and Sanctions. Upon finding by the CHR
that a department, agency or instrumentality of government, government-owned and —
controlled corporation, or local government unit has violated any provision of this Act
and its implementing rules and regulations, the sanctions under administrative law, civil
service, or other appropriate laws shall be recommended to the Civil Service
Commission (CSC) and/or the Department of Interior and Local Government (DILG).
The person directly responsible for the violation as well as the head of the agency or
local chief executive shall be held liable under this Act.

SECTION 9. Reparation to Victims, In addition to existing laws and procedural rules
for reparation to victims, the following measures shall be undertaken:


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(a) The court, administrative agency, or quasi-judicial body shall follow the
principles relating to the reparations to, or in respect of, victims, including
restitution, compensation and rehabilitation. In their decisions, the court,
administrative agency, or quasi-judicial body, may, either upon request or on
their own volition, in exceptional circumstances, determine the scope and
extent of any damage, loss or injury to the victims, stating therein the
principles on which they are acting;

(b) The court, administrative agency, or quasi-judicial body may make an order
directly against a convicted person, specifying appropriate reparation to, or in
respect of, victims, including restitution, compensation and rehabilitation; and

(c) Before making an order under this section, the court, administrative agency,
of quasi-judicial body shall invite and shalll take into account representations
from, or on behalf of, the convicted person, victims or other interested
persons

Nothing in this section shall be interpreted as prejudicing the rights of victims

under national or international law.

SECTION 10. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected thereby shall continue to be in full
force and effect.

SECTION 11. Repealing Clause. - All laws, decrees, executive orders or rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 12. Effectivity Clause. This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved.