The Anti-Bullying Act of 2013 (Republic Act No. 10627) was enacted to ensure that all K-12 students in the Philippines can learn in a safe and supportive environment. While the law mandates every school to have clear policies, a significant challenge arises when the school administration remains indifferent, dismissive, or fails to take the necessary disciplinary actions.
If a school fails to act on a bullying report, the law provides specific legal and administrative avenues for parents and guardians to seek justice.
1. The Legal Mandate of Schools
Under R.A. 10627 and its Implementing Rules and Regulations (IRR), schools (both public and private) are required to:
- Establish a Child Protection Committee (CPC).
- Adopt and implement an anti-bullying policy.
- Take immediate action upon receiving a report (investigation, intervention, and documentation).
- Maintain the confidentiality of all parties involved.
Failure to comply with these mandates subjects the school to administrative sanctions by the Department of Education (DepEd).
2. Steps to Take When the School Fails to Act
If you have reported bullying and the school head or the CPC has failed to investigate or provide a resolution, follow these escalatory steps:
Step 1: Request a Formal Written Update
Before escalating to higher authorities, ensure you have a paper trail. Write a formal letter to the School Principal or the Board of Trustees.
- Reference your previous report(s).
- Note the lack of action or the school’s failure to follow its own anti-bullying policy.
- Request a written status report within a specific timeframe (e.g., 5 working days).
Step 2: File a Complaint with the DepEd Division Office
If the school remains unresponsive, the next level of authority is the Department of Education (DepEd). You should file a formal complaint with the Schools Division Superintendent (SDS) having jurisdiction over the school.
Note: For private schools, the DepEd has the power to review their anti-bullying policies and can suspend or revoke their permit to operate if they consistently fail to comply with the law.
Step 3: Appeal to the DepEd Regional Office
If the Division Office does not provide a satisfactory resolution, the case can be elevated to the Regional Director. This is particularly relevant if there are allegations of "gross negligence" on the part of the school officials.
3. Legal Liabilities for School Inaction
When a school ignores bullying, it isn't just a breach of DepEd rules; it may also involve civil and criminal liabilities.
| Entity/Person | Potential Liability |
|---|---|
| School Personnel | Administrative charges for "Grave Misconduct" or "Neglect of Duty" under Civil Service rules (for public schools). |
| The School (as an Entity) | Civil liability for damages under Article 2180 of the Civil Code (Vicarious Liability), as schools exercise special parental authority over students. |
| Private Schools | Suspension or revocation of the school's Recognition or Permit to Operate. |
4. Criminal and Civil Recourse
The Anti-Bullying Act focuses on administrative and disciplinary measures. However, if the bullying involves physical assault, grave threats, or cyber-libel, the victim’s family may bypass or run parallel to the school process by:
- Filing a Criminal Complaint: If the act constitutes a crime under the Revised Penal Code or the Cybercrime Prevention Act of 2012.
- Filing for Damages: A civil suit for damages (under the Civil Code) against the parents of the bully and the school for the emotional or physical trauma caused by their negligence.
5. Documenting the Failure
To win a case against an unresponsive school, documentation is your strongest weapon. Ensure you have:
- Copies of the original bullying report.
- Minutes of meetings (if any occurred).
- Screenshots or physical evidence of the bullying.
- Proof of the school’s receipt of your letters (stamped "Received").
- Medical or psychological reports showing the impact of the bullying on the child.
Important Reminder: "No Retaliation" Clause
The IRR of R.A. 10627 strictly prohibits "retaliation" against any person who reports bullying. If the school or its teachers penalize the student (through grades or social exclusion) because the parents complained, this constitutes a separate, serious violation of the law.
Would you like me to draft a formal Demand Letter to a school administration requesting an update on a pending bullying investigation?