Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1359

Introduced by CHRISTOPHER S. CO and RODEL M. BATOCABE

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.

Accordifgly, the swift passage of this bill is earnes}

Sf

CHI )PHER S. CO RODEL M. BATOCABE


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.

1359

Introduced by CHRISTOPHER S. CO and RODEL M. BATOCABE

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
2012.”

SECTION 2. Declaration of Policy. \tis 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


(b:

(d

(e

()

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 itis 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.
Employment shall refer to the existence of an employer-employee
relationship, which is determined by the four-fold test;

(1) Selection of the employee;

(2) Payment of wag

(3) Power of dismissal; and
(4) Power of control.

This definition shall apply to regular, probational, constractual,

seasonal and project-based workers. In legitimate contracting or

subcontracting arrangements, the contractor/subcontractor shall be

deemed the employer of the contractual employee.
Ethnic origin shall refer to the race, color, descent, national origin and
ethnolinguistics origin of a person.
Indigenous peoples as provided under Section 3(h), Chapter Il 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, nonindigenous religions and cultures, became historically
differentiated from the majority of Filipinos. Indigenous Cultural
Communities/Indigenous Peopls (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 nonindigenous
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.

(8) 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 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). {t 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 ofthe 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;

(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;

(© 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

( 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. \n addition to existing laws and procedural rules

for reparation to victims, the following measures shall be undertaken:

(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

(©) Before making an order under this section, the court, administrative
agency, or quasi-judicial body shall invite and shall 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.