REPUBLIC ACT NO. 10627
AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS
SECTION 1. Short Title. – This Act shall be known as the “Anti-Bullying Act of 2013”.
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 school; or materially and substantially disrupting the education process or the orderly operation of a school; 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 school 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 victim’s looks, clothes and body; and
d. 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 include 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 or 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: Provided, That, in addition to the disciplinary sanctions imposed upon a perpetrator of bullying or retaliation, he/she shall also be required to undergo a rehabilitation program which shall be administered by the institution concerned. The parents of the said perpetrator shall be encouraged by the said institution to join the rehabilitation program;
(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;
(3) Restoring a sense of safety for a victim and assessing the student’s need for protection;
(4) Protecting 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 bullying; and
(5) Providing counseling or referral to appropriate services for perpetrators, victims and appropriate family members of said students;
(d) 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;
(e) Subject a student who knowingly makes a false accusation of bullying to disciplinary administrative action;
(f) Educate students on the dynamics of bullying, the anti-bullying policies of the school as well as the mechanisms of such school for the anonymous reporting of acts of bullying or retaliation;
(g) 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; and
(h) Maintain a public record of relevant information and statistics on acts of bullying or retaliation in school: Provided, That the names of students who committed acts of bullying or retaliation shall be strictly confidential and only made available to the school administration, teachers directly responsible for the said students and parents or guardians of students who are or have been victims of acts of bullying or retaliation.
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 (DepED) 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.
Rationale
School isn't just an institution, it where the students build their second family, where their teachers are their second parents and their classmates are their second siblings. Just like in a family, conflicts between students and teachers are normal but what's not is degrading someone and humiliating him is not normal. These things can affect the growth of the students and their perception of what's the purpose of school is, their self esteem becomes lower and sometimes they thought that their life was absurd that resulting to depression that triggers them to commit suicide.
Based on the summary of child abuse, bullying and sexual abuse cases released by DepEd dated September 19, 2013, 80 percent or 1,165 out of 1,456 cases of child abuse that have been reported for the school year 2012-2013 are acts of bullying. The remaining 20 percent or 291 cases include other child abuse incidents including sexual abuse.
Therefore, it is important for the Congress to enact laws which aims to lessen the bullying cases among students as well as the teachers which are often bullied by their students. This law is very important in protecting the right of the students and teachers to be free from any harm, emotionally and physically; to study conveniently; and to live with the free exercise of the faculties of man.
ADVANTAGES OF THE LAW
Bullying could be refer to as the severe and repeated use of written, verbal or electronic expression, or a physical gesture, or any combination thereof by a student or group of students that have negative effects on the other students. The "Anti-bullying Act of 2013" is the answer of the legislators to diminish the large amount of child abuse cases due to the act of bullying. The law, if implemented well, has the following advantages:
1. The Students will feel more secure, safe and convenient at school.
2. Victims of bullying will fear no more that someone could harm them physically nor emotionally, nor could damage their property.
3. The law will create a harmonious environment at school.
4. The law will protect the rights of the students in school.
5. The school can operate orderly without any disruption.
6. The students will be educated of their rights.
7. The bully will have fears and in some point, bullies can be transformed into someone he is not because he will be used to bully no more.
8. The bullies can be stopped and hopefully their own problems addressed so they don't fell the need to bully others.
9. The students can study with no burdens at their shoulders.
10. The students and teachers will have a harmonious relationship with their fellow students, teachers and faculties at school and outside the school.
DISADVANTAGES OF THE LAW
In every law, there are always advantages, as well as disadvantages no matter how it is well formed and prepared. The Anti-bullying Act of 2013 has the following disadvantages:
1. Some students will use this to take advantage to bully someone because of its advantages. They will use this to commit false accusations to someone that someone bully someone even in fact, he does nothing.
2. Students will be more dependent to the law to threat someone by blackmailing of such false accusations.
3. State will take away most of the responsibilities of the Parents in discplining his/her child.
4. In some cases, since bullying is the way of some students to express his/her feelings, some students who bully will feel more complicated and will turn into doing different things, it might be worser than bullying just to express their feelings.
CONSTITUTIONALITY OF THE LAW
Anti-bullying Act of 2013 is constitutional in nature. Under Article II, section 17 of the 1987 Constitution of the Philippines, it states that, "The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development."
The state is mandated to give priority to education as stated in the Art. XIV, Sec. 1 that states that, "The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all."
Quality education is not all about good teachers, large buildings nor free education, quality education also means that school must have a harmonious and peaceful environment which students can study conveniently, freely and happy, which schools must not be disrupted by some cases that affect its operation and one of it is the problem of and in bullying.
Unconstitutionality Tendency of Anti-bullying Act of 2013
Anti-bullying Act of 2013, in some of its provision, is merely a violation of the Article III, Section 4 of the 1987 Constitution of the Philippines that states that , "No law shall be passed abridging the freedom of speech, of expression, or of the press......"
The law violates the freedom of the citizens to speech and express themselves. For instance, if a group of friends are talking about gender preferences and they are saying bad things about the LGBT's, then not knowingly and not intentionally by the group, their homosexual classmate heard what they say and the homo classmate got offended and assumed that they were talking of him. In the law that is a kind of bullying, therefore the group can be sanctioned because of it. The group is only expressing their opinions and it is not their intention to humiliate their classmate.
The Constitution gave us Liberty and freedom to speak and express ourselves and The Anti-bullying law limits it. Therefore, this law is partly unconstitutional.
CONCLUSION
Reports shows that almost 80% of the reported child abuse cases is bullying. It is one of the major problems of teachers, on how to discipline their second children in the situation that their children are bullies and or being bully by someone. The Congress enacted the RA 10627, also called as The Anti-Bullying Law of 2013 to help these teachers in their burdens that disrupt the school's operation which is not good. The primary goal of RA 10627 is to regulate the bullying cases in and out of the school and to help the victims and the soon-to-be victims to ease these burdens from the wicked kiddo.
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