Executive summary

Yes—expulsion is legally possible for bullying in basic education, but it is exceptional. Philippine law and DepEd issuances require schools to prioritize prevention, intervention, and restorative discipline. Any severe sanction (long suspension, exclusion, or expulsion) must be expressly provided in the school’s handbook/policies, imposed only after due process, and—where applicable—approved by DepEd authorities. The younger the child and the less grave the act, the stronger the presumption in favor of non-exclusionary measures.

The legal framework at a glance

Constitutional right to education and the State’s duty to protect children.
DepEd Child Protection Policy (DCP or DepEd Order No. 40, s. 2012)—the cornerstone policy requiring schools to prevent/respond to abuse, violence, and bullying; creates Child Protection Committees (CPCs); mandates due process, record-keeping, and interventions.
Anti-Bullying Act of 2013 (R.A. 10627) and DepEd’s IRR (issued via DepEd Order)—oblige every elementary/secondary school (public and private) to adopt an anti-bullying policy with clear procedures and a graduated discipline matrix up to the heaviest sanctions.
Revised Manual of Regulations for Private Schools in Basic Education (and complementary DepEd issuances)—define sanctions and approval levels (e.g., school head may impose short suspensions; exclusion/expulsion require higher DepEd approval and are used only for very grave offenses).
Juvenile Justice and Welfare Act (R.A. 9344, as amended by R.A. 10630)—prioritizes restorative justice, diversion, and child-sensitive processes for children in conflict with the law or at risk.
Related statutes: R.A. 7610 (child abuse), R.A. 10175 (cybercrime, for serious cyberbullying acts), R.A. 10173 (Data Privacy Act), R.A. 11650 (inclusive education for learners with disabilities), Family Code on special parental authority and liability.

What counts as “bullying”

Bullying covers the severe or repeated use of a written, verbal, electronic (including cyberbullying), social, or physical act directed at a student that:

Causes or places a student in reasonable fear of physical or emotional harm;
Creates a hostile environment at school;
Substantially disrupts the education process or school operations; or
Infringes on the rights of the bullied student.

Covered places/contexts include on-campus areas, school buses and school-related activities, and off-campus or online conduct that materially affects the school environment (e.g., class group chats, social platforms).

Also prohibited: retaliation against reporters/witnesses, and malicious false accusations.

School duties under DepEd rules

Every basic education school must have and implement an anti-bullying policy that provides:

Reporting & intake
- Any student/parent/teacher may report; anonymous reports may trigger monitoring but not a stand-alone disciplinary verdict.
- Immediate safety steps for the bullied child (seating changes, safe spaces, escorts).
Child Protection Committee (CPC)
- Receives reports, conducts initial assessment, coordinates with the school head for fact-finding and interim measures.
Investigation
- Written notice to the alleged bully and parents stating the specific acts, rules violated, and possible sanctions.
- Opportunity to be heard: the student (with parent/guardian) may submit a written answer and be heard in a conference.
- Fact-finding within a reasonable period; interviews of parties and witnesses; gathering of physical/digital evidence while observing data privacy and child-sensitive protocols.
Decision & documentation
- A written, reasoned decision stating facts, rule violated, sanction (if any), and required interventions.
- Record-keeping in a confidential child-protection file; limited disclosure on a need-to-know basis only.
Interventions
- For the bullied learner: counseling, psychosocial support, academic adjustments, safety planning.
- For the bullying learner: counseling, behavior-change programs, behavior contract, community service, and graduated discipline consistent with age and gravity.

Sanctions available (graduated discipline)

The school’s handbook/anti-bullying policy should enumerate sanctions, commonly including:

Reprimand with written warning and parent conference
Behavior contract and loss of privileges
Community service or restorative tasks
Short-term suspension (e.g., a few days)
Longer suspension (requires higher approval thresholds and robust due process)
Exclusion (dropping from the school rolls)
Expulsion (debarring admission to any public or private basic education school nationwide for a stated period or permanently, depending on the disposition)

Key principle: Expulsion is a last resort, reserved for very grave bullying (e.g., sustained violence causing serious physical injury; sexualized bullying; coercion/extortion; credible death threats; conduct tantamount to child abuse or cybercrime), or repeated bullying despite completed interventions and progressive discipline.

When—and how—expulsion may be imposed

1) Legal preconditions

Policy basis: The school must have a published handbook/anti-bullying policy (aligned with DepEd rules) that expressly lists expulsion as a possible sanction for defined grave offenses.
Proportionality: The gravity, frequency, harm caused, and the child’s age/needs are weighed against non-exclusionary alternatives.
Restorative priority: Evidence that the school attempted appropriate interventions and progressively stricter sanctions unless the first offense is extremely grave.

2) Due process (minimums)

Notice of charge detailing facts, evidence, and rule violations; delivered to the parents/guardians.
Access to evidence (subject to privacy constraints).
Hearing/conference before an impartial body/designated official; the learner may be assisted by a parent or adviser/counsel.
Reasoned written decision explaining findings and sanction.
Right to appeal (see below).

Interim preventive suspension may be used during investigation only if the student’s presence poses a clear and immediate threat to safety or disrupts the inquiry. It is not a penalty and should be as limited as possible with educational access accommodated.

3) Approval levels

Public schools: Severe sanctions beyond the school head’s authority typically require Division/Regional Office review and approval under DepEd’s supervisory powers.
Private schools: Exclusion/expulsion normally require DepEd Regional Office (or higher) approval in accordance with the manual of regulations. Schools cannot unilaterally “blacklist” a learner from all schools without DepEd’s approving authority.

4) Decision content & effects

Specifies duration (if time-bound), terms for re-admission (if allowed), referrals (e.g., to DSWD), and records management (confidential retention; secure transmittal for appeals).
Clarifies that administrative school discipline is independent of any criminal/civil proceedings arising from the same facts.

Special protections and constraints

Learners below the age of majority

Children below 15 (and older children without discernment for criminal liability) must be handled with restorative, welfare-oriented measures. Expulsion here is highly disfavored and must be justified with exceptional gravity and a showing that continued enrollment would seriously endanger others and no lesser measure can protect them.

Learners with disabilities

Under the Inclusive Education law and child-protection rules, the school must provide reasonable accommodations, consider functional behavior assessments, revise the IEP (if any), and ensure that discipline is not punishing a manifestation of disability without legally compliant procedures. Expulsion without these safeguards risks invalidation.

Data privacy and dignity

Identities of minors in bullying cases are confidential; avoid doxxing and public shaming. No corporal punishment or degrading treatment is ever allowed.

Criminal and civil liability (separate from school discipline)

Criminal exposure may arise if the bullying conduct meets elements of serious physical injuries, grave threats, child abuse (R.A. 7610), or cybercrime (e.g., cyber-libel, unlawful or lascivious acts online).
Civil liability for damages may attach to the offending minor’s parents and to the school/teachers under special parental authority if negligence in supervision is proven.
None of these outcomes automatically control the school’s discipline, but findings may be mutually persuasive.

Appeals and remedies

Internal appeal: from the school head/CPC decision to the Schools Division Superintendent (public) or to the DepEd Regional Office (private), within the period stated in the handbook or DepEd circulars.
Administrative review: adverse Regional decisions may be elevated to the DepEd Secretary.
Judicial review: extraordinary remedies (e.g., Rule 43 petitions) may be available to question grave abuse of discretion after exhausting administrative remedies.
Provisional relief: while appealing, learners may seek accommodations for continuing education where consistent with safety and policy.

Practical checklists

For schools (before considering exclusion/expulsion)

Confirm the handbook includes: definitions, scope (on/off-campus/cyber), reporting, CPC roles, investigation steps, graduated sanctions, and explicit approval levels.
Secure and document risk assessment and interventions tried.
Provide clear notices, schedule conference(s), and keep a verbatim or detailed record.
Assess proportionality and child’s circumstances (age, disability, trauma history).
If recommending expulsion, prepare a case brief for DepEd approval with complete annexes, including the school’s prevention efforts.

For parents/guardians of the alleged bully

Ask for the written charge, policy basis, evidence, and hearing schedule.
Prepare a written answer; bring relevant records (medical/psychological, IEP, chats with context).
Propose restorative measures (apology/mediation, counseling, community service, seating or schedule changes).
If the decision is disproportionate or process-defective, appeal promptly and request interim academic access.

For parents/guardians of the bullied learner

Request safety planning, schedule/space adjustments, counseling, and no-contact arrangements.
Keep a contemporaneous log (dates, screenshots, teacher reports).
If the school is non-responsive, escalate to the Schools Division Office/Regional Office and, where appropriate, to law enforcement or DSWD.

Frequently asked questions

Is expulsion “automatic” for cyberbullying? No. Cyberbullying is covered, but sanctions remain case-by-case, considering harm, repetition, and the learner’s age. Severe cases (e.g., sexualized content, extortion, credible threats) may justify exclusion/expulsion after due process.

Can a first offense lead to expulsion? Generally no, unless the first offense is exceptionally grave and poses ongoing danger that cannot be managed by lesser measures.

What’s the difference between exclusion and expulsion? Exclusion removes a learner from that school. Expulsion bars enrollment in any basic education school (public or private), usually subject to DepEd approval and strict standards.

Can a school “summarily” expel a student? No. DepEd rules require notice, opportunity to be heard, a written decision, and appropriate DepEd approvals for the heaviest sanctions.

If bullying is proven, must the school always remove the learner? No. DepEd policy centers on restorative, educative responses—counseling, behavior contracts, and structured supports—unless safety and proportionality demand removal.

Bottom line

A student can be expelled for bullying in the Philippines, but only in rare, very grave circumstances and only after a lawful process that honors the child’s rights and prioritizes restoration and safety. For most cases, DepEd expects schools to intervene early, document thoroughly, and escalate proportionately—reserving expulsion for situations where no lesser measure can reaso