The Anti-Bullying Act and Philippine Colleges: A Complete Legal Primer
(For academics, student-affairs practitioners, and lawyers who deal with tertiary-level discipline)
1. Statutory Point of Departure: Republic Act No. 10627 (2013)
| Feature | Text of the Law | Immediate Implication |
|---|---|---|
| Coverage clause | “All elementary and secondary schools shall adopt policies to prevent and address bullying…” (sec. 3) | Congress deliberately limited RA 10627 to basic education. |
| Implementing agency | Department of Education (DepEd) | DepEd has no jurisdiction over tertiary schools; CHED and TESDA supervise those. |
| Policy requirement | Schools must craft Anti-Bullying Policies, constitute committees, report incidents to DepEd. | Colleges are left without a parallel statutory mandate. |
Bottom line: As of May 16 2025, RA 10627 does not extend to colleges, universities, graduate schools, nor to technical-vocational institutions.
2. Why the Gap Matters
- Demographics: A large portion of Filipino freshmen are still minors; those 17-18 fall through the cracks.
- Campus power dynamics: Hazing, fraternity violence, online shaming, and “academic hazing” flourish where no clear anti-bullying procedure exists.
- Institutional liability: Absent a clear statute, colleges rely on contract law, tort law, and CHED circulars—frameworks that are reactive rather than preventive.
3. Other Laws that Indirectly Protect College Students from Bullying
| Law | Key Provisions Affecting Tertiary Level | Practical Use Against Bullying |
|---|---|---|
| Safe Spaces Act (RA 11313, 2019) | Covers gender-based sexual harassment “in streets, public spaces, online spaces, workplaces, and educational and training institutions” (sec. 3). Requires schools at all levels to form a CODI-like Committee on Decorum and Investigation. | Captures many bullying acts with a gender dimension or involving sexual remarks, images, outing, doxxing. |
| Anti-Hazing Act (RA 11053, 2018) | Bans hazing in fraternities, sororities, organizations; imposes heavy penalties on school officers who consent or fail to act. | Console threat-based bullying and violent initiations. |
| Cybercrime Prevention Act (RA 10175, 2012) | Punishes cyber-libel, cyber-identity theft, and cyber-violence. | Applies to “doxxing,” revenge porn, and other online bullying committed by or against students. |
| Special Protection of Children (RA 7610) | Grants extra protection to children below 18, even in college. | Allows prosecution of egregious acts against minor freshmen/sophomores. |
| Mental Health Act (RA 11036, 2018) | Mandates educational institutions to establish mental-health programs and psychosocial services. | Gives bullied students a right to counseling and referral. |
| Data Privacy Act (RA 10173) | Protects students’ personal data from unauthorized disclosure. | Useful when bullying involves publication of grades, medical records, or personal images. |
Taken together, these statutes give bullied college students remedies, but none impose the proactive, system-wide obligations that RA 10627 imposes on basic schools.
4. Administrative Issuances Filling the Void
| Issuance | Highlights |
|---|---|
| CHED Memorandum Order (CMO) No. 9-2013 (Policy on Student Affairs and Services) |
Requires every higher-education institution (HEI) to adopt a Student Handbook covering student discipline, safety, and grievance procedures. Bullying is not named but can be included under “student discipline.” |
| CHED-DepEd-DOLE Joint MC No. 01-2020 (Safe Spaces IRR) | Details internal mechanisms (investigation, protection orders, counseling) for gender-based bullying or harassment in HEIs. |
| CHED CMO No. 3-2022 (sometimes cited as updated Safe-Spaces guidelines) | Gives prescriptive time lines: complaint filed ➔ preliminary evaluation (5 days) ➔ investigation (10–15 days) ➔ decision (10 days). |
| TESDA Circular No. 42-2021 | Adopts Safe Spaces Act rules for tech-voc institutions. |
Enforcement note: Unlike DepEd, CHED rarely imposes fines or suspends officials; it usually requires compliance reports or threatens program-level sanctions (e.g., closure of an erring department).
5. Institutional (Private-Law) Sources of Authority
- Student-School Contract: Enrolment forms and handbooks are contracts of adhesion; violations can ground civil liability (Arts. 19-21, Civil Code).
- Tort / Quasi-delict: A bullied student can sue the bully and, under Art. 2180, the school, dean, or person “with the special duty of care” in loco parentis.
- Vicarious criminal liability: Under the Anti-Hazing Act and the Safe Spaces Act, school officials who “know but fail to act” can face imprisonment.
- Human-rights route: Complaints may be brought before the Commission on Human Rights on grounds of discrimination or cruel, degrading treatment, invoking constitutional dignity.
6. Jurisprudence Snapshot
While no Supreme Court case squarely applies RA 10627 to colleges, several decisions illuminate campus discipline:
| Case | G.R. No. | Ratio Relevant to Bullying |
|---|---|---|
| University of the Philippines v. Catungal (2001) | 134625 | Schools enjoy academic freedom to impose reasonable discipline — but must afford due process. |
| St. Theresa’s College v. Tenebro (2015) | 202666 | Publishing photos online that “ruin the school’s reputation” justified sanctions; underscores schools’ role in regulating student online behavior. |
| People v. Soriano (2018) | 223210 | Affirmed conviction of fraternity officers for hazing death. Shows criminal accountability reaches school officers. |
7. Pending Legislation (18th-19th Congress snapshots)
Although no bill has yet been enacted (as of May 2025), several attempts indicate policy direction:
| Bill | Congress | Core Proposal |
|---|---|---|
| House Bill 2639 / Senate Bill 2793 (18th) | Expand RA 10627 to “all educational institutions at every level.” | |
| House Bill 4881 (19th) | Distinct “Anti-Bullying in Higher Education Act”; mandates HEIs to create Bullying Prevention Offices with counseling and restorative-justice programs. | |
| Senate Bill 1600 (19th) | Incorporates cyber-bullying definitions aligned with RA 10175; imposes CHED oversight; provides whistle-blower immunity for student reporters. |
8. Practical Compliance Framework for Colleges Today
Step 1 – Policy Adoption Draft—or update—a stand-alone Anti-Bullying and Safe-Spaces Policy, integrating CHED Safe-Spaces rules, Anti-Hazing provisions, and campus-specific discipline codes.
Step 2 – Committee Structure Merge or coordinate your Safe-Spaces CODI, Anti-Hazing Committee, and Student Discipline Board to avoid fragmented jurisdiction.
Step 3 – Reporting & Documentation Use DepEd templates (Form 1, Form B1) as models while awaiting CHED’s own forms; maintain a secured bullying database covered by Data-Privacy protocols.
Step 4 – Capacity Building Train faculty advisers, dorm managers, and security personnel on bystander intervention and trauma-informed response; integrate modules into NSTP and freshman orientation.
Step 5 – Student-Centered Remedies Provide multiple reporting channels (hotline, anonymous web form, walk-in desk). Offer on-site psychosocial services or refer to LGU mental-health offices under RA 11036.
9. Key Take-Aways & Forward Look
- Legal lacuna: RA 10627’s protective net stops at high school.
- “Patchwork” solution: Colleges currently rely on Safe Spaces Act mandates, Anti-Hazing Act, CHED circulars, and private-law doctrines.
- Legislative momentum: Successive bills since 2016 show political will to extend a full Anti-Bullying regime to higher education—practitioners should prepare.
- Best practice: HEIs need not wait; they can voluntarily mirror RA 10627 standards, ensuring prevention (education campaigns), intervention (investigation committees), and aftercare (counseling, restorative justice).
Suggested Checklist for HEIs (Condensed)
- Written Anti-Bullying Policy explicitly referring to college context
- Harmonized Committee on Bullying, Safe Spaces, and Hazing
- Confidential incident-reporting mechanism (24/7)
- Annual student & staff training (including cyber-bullying)
- Counseling and mental-health services in place
- Regular policy review with student representation
Final Word
Until Congress formally amends RA 10627, anti-bullying efforts in Philippine colleges hinge on proactive institutional leadership. By weaving together Safe Spaces mandates, hazing prohibitions, mental-health obligations, and robust student-conduct codes, HEIs can create a campus culture where dignity and learning flourish side by side—even in the absence of a dedicated statute.