The Anti Bullying Act: Helping Schools Keep Your

Child Safe
Every person has the right to be protected against violence and abuse, and your
children are no exception. As parents, you do all that you can to shelter and keep your
children safe from harm.
But it is only a matter of time before these children grow, and you will no longer be able
to keep a watchful eye on them all day. Such is the case when they begin to go to
school. It is for this reason that the Anti Bullying Act has been established by
the Philippine Government.
Among the biggest fears of parents, and one of the reasons why many consider home-
schooling, is that their children might be bullied while within school premises. Sadly,
such cases do occur, both in the elementary and high school levels, and even in
college.
As of 2013, with the implementation of the Anti Bullying Act, schools have become
better able to protect their students against acts of abuse from their peers.
 
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What Constitutes Bullying?

Under this Anti Bullying Act, it states that bullying occurs when one or more of
the following occur as a result of verbal, physical or even electronic or online actions by
one or a group of students:
• A student fears possible physical or emotional harm, or damage to his or her property
• A student views the school as a hostile, unsafe environment
• A student’s rights have been violated
• Disruption of the learning process, and the security and order within the
school grounds
It has been made clear that bullying, in this case, goes beyond physical harm such
as punching, pushing or kicking. It also includes verbal abuse that causes emotional
or psychological turmoil on a child, or wrongly aims to taint another student’s
reputation. Cyber-bulling is also addressed by the Anti Bullying Act, and rightly so, as
most students these days have access to the internet and mobile devices.
 
Click "next page" to know your child's rights...

Know Your Child’s Rights Under the Anti Bullying Act

The policies under the Anti Bullying Act clearly protects students against bullying
while on school grounds and within its perimeter. It also takes effect at school functions
or programs, whether these are within the school grounds or at an outside venue. Even
school buses and carpools are covered by the Anti Bullying Act, given that they are
owned, leased by or accredited by the school. Finally, students are also protected from
acts of bullying that result from or through technological or electronic devices owned by
the school.
Other malicious acts may also be considered as protected by the Anti Bullying Act
if they cause a student to feel that he or she is unsafe in school, and in effect, affecting
the students’ learning process. As for students who report cases of bullying, or are
witnesses to acts of bullying, they are also protected. And any form of violence or abuse
directed towards them may also be sanctioned.
 
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The Responsibility of Protecting A Student

The responsibility of the school goes beyond that of a learning facility. It must also be
able to provide a safe venue for students to learn, develop and thrive. With the Anti
Bullying Act in place, parents and students alike can now feel that the school is a place
where they can be protected as well. Students, faculty, and school staff are also
enjoined to do their part by reporting any acts of bullying that they witness or hear
about, whether physical or emotional. Taking action helps make your school a safe
place.

--theaseanoparentphilippines

Cyber bullying in the Philippines

Posted on March 14, 2017

Philippines
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The pen is mightier than the sword or so the adage goes. When this was
once said, it was to highlight the power of thoughts and ideas over brute force and violence as a
way to effect change. Today, the pen can very well be a tap of a button, as social media has
reinvented our way of life anew — for good or for bad.
Regardless of political affiliation or social philosophy, it is undeniable how the power of social
media has shaped recent events. The perceived anonymity that social media brings tends to shed
people’s normal sensibilities or even basic civility. We therefore sometimes see posts or
commentaries meant to embarrass competence and intelligence, gender or just plain rumour
mongering.
Such acts done behind the cloak of a social media platform may have legal implications under
Philippine Laws.
The Anti-Bullying Act of 2013 (RA 10627)
This law finds applicability in school-related bullying, student-student bullying in particular,
which covers those uttered in social media. “Bullying”, as defined, refers 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; infringing on the rights of another; or
materially or substantially disrupting the education process. (Sec. 2, RA 10627) These acts are
collectively called “cyber bullying” when committed online. (Sec. 2-D, RA 10627) This covers
social bullying aiming to belittle another individual or group or gender-based bullying that
humiliates another on the basis of perceived or actual sexual orientation and gender identity.
(Sec. 3, B-1, RA 10627, Implementing Rules).
The Revised Penal Code and the Cybercrime Prevention Act
One who publicly or maliciously imputes to another a crime, vice, defect, real or imaginary, or
any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or
contempt of a natural or juridical person, or blacken the memory of one who is dead may be
liable for libel under this Code. (Art. 353, RPC) These acts are more severely punished when
done online in addition to the civil action for damages which may be brought by the offended
party. (Sec. 4(c-4), RA 10175) Cyberlibel holds liable only the original author of the post (Sec.
5(3), Implementing Rules of RA 10175). Likers or sharers of a post cannot be held liable under
this law.
Slander may also be applicable to one who, in heat of anger, utters statements that are highly
defamatory in character. (Art. 358, RPC) Intriguing Against Honour may also find applicability
when the principal purpose is to blemish the honour or reputation of a person. (Art. 364, RPC)
However, the requirement is that the post be directed to a specific person. Hence, a blind item is
not as actionable as a named-post in social media.
The Civil Code on Damages
One who is aggrieved by a defamatory post in social media may find refuge in the provisions of
the Civil Code on Damages. (Art. 2176, Civil Code) One who posts in social media, causing
damage to the reputation of another may be liable to the subject for damages and this can be a
valid cause of action under the law. Such posts must tend to pry to the privacy and peace of mind
of another, meddle or disturb the private life or family relations of another, intrigue to cause
another to be alienated from his friends or vex or humiliate another on account of his religious
beliefs, lowly station in life, place of birth, physical defect or other personal condition. (Art. 26,
Civil Code)
The Labour Code on Just Causes for Termination
An employee who spreads rumors or intrigues against a co-worker or his superior or vice versa,
or who does any act similar to cyberlibel, slander, intriguing against honour or even prying into
the privacy of another may be a just cause for termination if embodied in the company policy in
addition to all other causes of action available to him under the laws mentioned. (Sec. 5.2(g),
D.O 147-15)
However, all these will only be a valid cause of action to one who is the subject of the post and
who is aware of the post directed to him.
Freedom of speech must not be infringed but this right is not without any limitations. In the end,
it is always best to devote the stroke of our fingers and the clicks of our mouse to intellectual
discourse that matter rather than risk being held liable under the law. After all, the power of our
minds should be mightier than any sword there is.
Note: This article was originally published in Business World, a newspaper of general
circulation in the Philippines

Bullying persists in schools, sex

assault reports up
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Published May 16, 2017, 7:51 PM

By Associated Press

One in every 5 middle and high school students has complained of being bullied at school and
the number of reports of sexual assault on college campuses has more than tripled over the
past decade, according to a federal study released Tuesday.

Sexual assault on college campuses has made headlines for years, but The Associated Press sought
to determine whether it also is a problem among younger students and, if so, to what extent. (AP
Photo/Matt Slocum) Manila Bulletin

“There are areas of concern in terms of bullying and rates of victimization being high,” said
Lauren Musu-Gillette, one of the authors of the report by the National Center for Education
Statistics and the Justice Department. “We are seeing a long term decline, but we still want
people to be paying attention to areas where rates are still high.”

Even though the overall prevalence of bullying has been declining in American schools over the
past decade, 21 percent of students aged 12-18 reported being bullied in 2015, the report
found. That was slightly below the international average.

“Bullying is a public health issue because it really affects the mental wellness and health of
students and as we know at the extreme end it can lead to everything from suicide to reactive
violence,” said David Osher, vice president at the American Institutes for Research. “Because it
happens, it doesn’t mean it has to happen.”

The picture was bleaker for gay, lesbian and bisexual students. Thirty-four percent of students
who identified as LGBT complained of bullying, compared to 19 percent who identified as
heterosexual.

“It’s a high number and a disproportionate number in comparison. We still have a lot of
homophobic bias and it plays itself in schools,” said Charol Shakeshaft, an education professor
at Virginia Commonwealth University. “Those students are singled out and isolated and
harassed.”

Shakeshaft lamented the Trump’s administration decision earlier this year to rescind Obama-
era guidance on the use of bathrooms and other facilities for LGBT students, which she said
helped them feel safer. When rescinding the guidance the Education and the Justice
departments said such decisions should be left to the states.

Osher said campaigns to raise awareness can only help so much in helping to fight bullying. He
called for programs that build empathy and self-awareness, identity and provide support for
students who have mental health problems and foster a positive climate in schools.
“If you directly focus on bullying without addressing overall issues regarding school climate,
social and emotional development of students, you are likely …. to hit a ceiling,” Osher said.

The report also found a significant rise in reports of sexual assault on university campuses.
Such instances jumped from 2,200 in 2001 to 6,700 in 2014. Musu-Gillette cautioned however,
that it is not clear from the research whether the number of actual sex crimes has increased or
whether victims now feel safer reporting them to authorities.

Other statistics are more encouraging. The number of school deaths dropped from 53 in the
2013 school year to 48 in 2014. Non-fatal incidents of violence and theft at schools are also
occurring less frequently. There were 841,000 such occurrences in 2014, compared to 850,100
the previous year.

The percentage of high school students who report having been in a physical fight anywhere
has decreased from 42 in 1993 to 23 percent in 2015. The percentage of students in grades 9-
12 who reported carrying a weapon anywhere during the past month at the time when data
was collected, fell from 22 percent in 1993 to 16 percent in 2015.

Alcohol consumption has also gone down. In 1993, 48 percent of students reported recent
alcohol use, compared to 33 percent in 2015.

Black students were being disciplined more frequently than other students across the board. In
2012, 15 percent of African-American students received out-of-school suspensions, compared
to 6 percent of all students.

“There is much work left to be done,” said Peggy Carr, acting commissioner of the NCES. “The
data show that many students do not feel safe at school and are victimized physically, verbally
and emotionally.”

Tags: abuse, bullying, Bullying persists in schools sex assault reports up, Manila

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