Legal Remedies for Verbal Abuse Between Minors in the Philippines

(Anti-Bullying and Child Protection Laws, plus criminal, civil, school, and online avenues)

This article explains, end-to-end, how Philippine law addresses verbal abuse (including bullying and online harassment) when both the aggressor and the target are minors. It covers definitions, venues, procedures, remedies, and practical steps for families and schools.

1) What counts as “verbal abuse” in law?

“Verbal abuse” isn’t a single statute-defined term; it straddles several legal regimes:

School-based bullying – any severe or repeated written, verbal, or electronic expression by a student that causes or is likely to cause physical/mental/emotional harm, creates a hostile environment, or infringes rights in school. (Anti-Bullying Act of 2013, RA 10627 and its IRR; DepEd Child Protection Policy, DepEd Order No. 40, s. 2012.)
- Includes cyberbullying when done through technology (texts, chats, social media, emails, posts, memes, voice notes, group chats).
Child abuse – acts that debase, demean or degrade the dignity of a child, including psychological/verbal abuse. (Special Protection of Children Against Abuse, Exploitation and Discrimination Act, RA 7610; also aligned with DepEd Child Protection Policy.)
Criminal offenses under the Revised Penal Code (RPC) that verbal abuse can map to:
- Oral defamation (slander) – imputing a discreditable act or condition to another by spoken words (grave or simple, depending on gravity).
- Unjust vexation – any act that annoys or irritates without lawful or sufficient cause (often used for harassing words/taunts that don’t meet defamation).
- Grave/Light threats, coercion – when words convey threats or force.
Online / tech-related overlay:
- Cybercrime Prevention Act (RA 10175) – lifts certain offenses (e.g., libel/defamation, threats) into cyber context if committed via ICT.
- Safe Spaces Act (RA 11313) – penalizes gender-based online sexual harassment; can apply to minors when the conduct targets a person because of sex, gender, sexual orientation, gender identity/expression, etc.
- Data Privacy Act (RA 10173) – schools must safeguard student data; disclosure of a minor’s personal/disciplinary info is regulated.

2) When is it “bullying” versus “child abuse” versus “a crime”?

Bullying (RA 10627): school context (on-campus or off-campus/online but with school nexus), student-on-student, severe or repeated acts, or any single act that creates a hostile environment or substantial disruption. Remedies are administrative/disciplinary through the school.
Child abuse (RA 7610): broader; any act causing mental or emotional injury to a child may qualify. Remedies include criminal (against the offender, though see Juvenile Justice rules for minors), protective (DSWD case management), and administrative measures in schools.
Criminal (RPC / RA 10175): fact-specific. A single egregious incident can already constitute an offense (e.g., grave oral defamation) even if not “repeated.” When done online, penalties may be higher or special rules apply.

In practice, the same conduct may trigger all three: a school case (bullying), a child-protection response (RA 7610), and, where appropriate, a criminal complaint (e.g., oral defamation) subject to Juvenile Justice rules.

3) School remedies (basic education): the primary, fastest path

3.1 Mandatory school systems

Written Anti-Bullying Policy covering prevention, reporting, response, due process, and sanctions.
Child Protection Committee (CPC): Chair (school head), Guidance Counselor/Teacher, teachers, parents/learners reps.
Reporting channels: any student/parent/school personnel may report; anonymous reports are accepted; school must act.

3.2 Process overview (typical flow)

Intake & protection – receive report; ensure immediate safety; separate parties if needed; prevent retaliation.
Fact-finding – gather statements; secure evidence (screenshots, chat exports, call logs).
Determination – decide if conduct is bullying, cyberbullying, or other child-protection issue.
Interventions & discipline – age-appropriate corrective measures; counseling; behavior contracts; school service hours; suspension (with due process). Expulsion in basic ed is exceptional and follows DepEd rules.
Support to the child-at-risk – counseling, academic flexibility, safety planning, referrals to DSWD/LGU social workers.
Documentation & confidentiality – maintain records; limit disclosure to those with legitimate interest; comply with Data Privacy principles.

3.3 Off-campus and online acts

Schools must still act when off-campus speech or social-media activity creates a hostile environment or substantial disruption at school (e.g., group chat slurs, doxxing, sockpuppet accounts targeting a student).

3.4 Appeals & oversight

Public schools: escalate to Schools Division Office if due process or implementation issues arise.
Private schools: use internal appeal; DepEd exercises supervision over compliance with RA 10627 and Child Protection Policy.

4) Community and administrative routes beyond school

Barangay (Katarungang Pambarangay): mediation/conciliation for minor offenses and civil disputes. If parties are minors, parents/guardians represent them. Not all offenses are barangay-triable (e.g., certain crimes or different cities/barangays). Useful for quick settlement agreements, apologies, undertakings, and no-contact terms.
Barangay Council for the Protection of Children (BCPC): receives child-protection referrals; coordinates with MSWDO/DSWD for case management and psychosocial support.
Police/WCPD and NBI: for criminal complaints, especially online harassment (PNP Anti-Cybercrime Group/NBI-CCD).

5) Criminal accountability with child offenders: Juvenile Justice rules

When the aggressor is a minor, the Juvenile Justice and Welfare Act (RA 9344, as amended by RA 10630) governs:

Minimum Age of Criminal Responsibility (MACR): below 15 at the time of the act → exempt from criminal liability, but subject to intervention programs via LGU/DSWD and parental responsibility.
Ages 15 to below 18: exempt if they acted without discernment; otherwise criminally liable but with diversion (for offenses with imposable penalty not more than 12 years) and child-appropriate proceedings.
Diversion is favored for verbal-abuse–type offenses (e.g., simple oral defamation, unjust vexation) and can include written apologies, restitution, counseling, community service, or no-contact orders.
Confidentiality: names and records of children in conflict with the law (CICL) are confidential; media publication is restricted.
Family Courts (RA 8369) handle criminal cases involving minors and applications for child protection measures.

Bottom line: The goal is rehabilitation and accountability without stigmatization, not punitive incarceration.

6) Civil remedies against the family of the offending minor

Damages under the Civil Code:
- Art. 19–21: abuse of rights/acts contrary to morals, good customs, or public policy (basis for moral and exemplary damages).
- Art. 26: protection of privacy, dignity, and peace of mind (useful when humiliating words injure honor).
Family Code, Arts. 218–219 (Special Parental Authority): schools/administrators/teachers exercise special parental authority over minors while under their supervision; they (and the minor’s parents) may be solidarily liable for damages caused by the child on school premises or activities, subject to defenses (proper diligence).
Injunctions: courts may issue temporary restraining orders (TRO)/injunctions to stop continuing harassment (especially online) and order take-downs, subject to jurisdiction and evidence.

7) Criminal law specifics commonly invoked for verbal abuse

Oral Defamation (Art. 358 RPC)
- Elements: (1) defamatory imputation; (2) publication (at least one third person hears it); (3) identity of the victim; (4) malice (presumed, except in qualified privileged communications).
- Grave vs. simple depends on words used, context, social standing, and intent.
- Prescription: 6 months for oral defamation; 1 year for libel (written/online).
Unjust Vexation (traditionally under Art. 287 RPC)
- Broad, catch-all for annoying/irritating acts without lawful purpose. Often charged when words are insulting but not clearly defamatory.
Threats/Coercion
- If words include threats of harm, separate offenses for grave/simple threats may apply.
Cyber overlay (RA 10175)
- When the same acts are done through ICT, cyber versions or higher penalties may be triggered (e.g., online defamation).
- Evidence: preserve URLs, IDs, full-page screenshots with timestamps, platform headers, metadata, and export chat logs.
Safe Spaces Act (RA 11313)
- Gender-based online sexual harassment includes lewd remarks, unwanted sexual comments, sexist slurs, digital sexual harassment (even among minors). Schools must adopt policies and reporting mechanisms.

8) Evidence: what works and what to collect

In-person incidents: contemporaneous incident reports, statements of students/teachers, class seating charts, photos of notes/boards, bell schedules.
Online incidents:
- Original device captures (screen recordings, full-scroll screenshots showing account names/handles, timestamps).
- Message exports (not just cropped images).
- Preservation requests to platforms (where possible) and hashing of files to show integrity.
Medical/psychological: certificates from guidance counselors/psychologists showing emotional/psychological impact bolsters RA 7610 or damages claims.
Chain of custody: who collected what, when, and how—important for criminal cases.

9) Step-by-step playbooks

9.1 If you’re a parent/guardian of the targeted child

Write the facts: dates, words used, witnesses, and impacts (sleep issues, grades, anxiety).
Collect evidence: screenshots, voice notes, chat exports, threat logs.
Report to school (homeroom adviser/Guidance/CPC). Ask for a written acknowledgment and the case number.
Safety plan: seating changes, staggered transitions, buddy system, teacher check-ins.
Request interventions: counseling for your child; behavioral interventions for the aggressor; no-contact directive.
Escalate if inaction or retaliation occurs: Schools Division Office (public) or school owners/board (private); you may also file with Barangay/BCPC/WCPD/ACG or DSWD if abuse persists.
Consider civil/criminal routes with counsel when conduct is egregious (grave slander, credible threats, persistent cyberharassment).

9.2 If you’re the parent/guardian of the accused minor

Cooperate with school CPC; do not coach your child to deny—focus on insight and repair.
Due process: your child has the right to be informed of allegations, present their side, and be assisted.
Accept age-appropriate sanctions and diversion; commit to counseling and respectful conduct.
Monitor online activity; remove harmful posts; issue apologies where appropriate (without self-incrimination in criminal cases—seek legal advice).
Protect against vigilante shaming; records should remain confidential.

9.3 For schools (quick compliance checklist)

Written Anti-Bullying policy (updated), Child Protection policy posted and distributed.
CPC constituted; logs of trainings and meetings.
Multi-channel reporting (physical drop box, email, hotline, QR).
Standard investigation templates, safety plans, consent forms, and data-privacy notices.
Sanctions ladder and intervention menu appropriate to age and recurrence.
Documentation: timestamps, evidence inventory, findings, actions taken, and follow-through.
Referral MOUs with MSWDO/DSWD, PNP-WCPD, PNP-ACG/NBI-CCD, psycho-social services.

10) Jurisdiction, venues, and timelines

School proceedings: internal timelines vary; prompt action is required upon report; parents should receive updates and a final disposition.
Barangay: mediation typically within 15 days from initial confrontation; can be extended by another 15 days.
Criminal complaints:
- Oral defamation and slander by deed prescribe in 6 months from commission; libel in 1 year. Prompt filing matters.
- If the offender is a minor, expect diversion at barangay, police, prosecutor, or court level depending on the stage and penalty.
Civil actions: prescriptive periods vary (e.g., 4 years for quasi-delict), but earlier filing helps evidence preservation.
Family Courts: hear child-related criminal and protective cases; proceedings are confidential and child-sensitive.

11) Remedies menu (at a glance)

Protective / Restorative

No-contact directives (school), schedule/seating adjustments
Counseling (victim and offender), peer mediation, restorative conferences
DSWD/MSWDO case management; safety planning; psychosocial care

Disciplinary (school)

Written reprimand → behavior contract → suspension → (in extreme/recidivist cases) recommendation for exclusion in line with DepEd rules (with due process)

Criminal / Juvenile Justice

Complaints for oral defamation, unjust vexation, threats, cyber offenses; diversion programs and child-appropriate sanctions; confidentiality of records

Civil

Damages (moral, exemplary, temperate), attorney’s fees; injunctions to stop continuing harassment

Administrative / Oversight

Complaints to DepEd (policy non-compliance), CHED/TESDA where applicable, or to the National Privacy Commission for privacy lapses

12) Practical drafting: sample clauses you can request from the school

No-Contact & Conduct Undertaking: “The student shall not communicate with, approach within 10 meters of, or mention [Name] on any platform; shall not post, share, or react to any content relating to [Name]; and shall delete identified offending posts within 24 hours.”
Safety & Monitoring: “The school will assign a staff point-person; conduct weekly check-ins; and review class transitions to avoid proximity until the end of the semester.”
Intervention Plan: “The aggressor will attend 6 guidance sessions; complete a reflection essay; participate in digital citizenship training; and render 16 hours of school service.”

13) Common pitfalls

Waiting too long to report—prescriptive periods (6 months/1 year) can lapse quickly.
Cropped screenshots lacking context—save full threads with timestamps and handles.
Public shaming on social media—this can boomerang into separate liabilities and aggravate harm.
Skipping due process—discipline without proper notice and hearing is vulnerable to challenge.
Ignoring mental health—document the child’s distress and provide support early.

14) FAQs

Can a minor be jailed for verbal abuse? Rarely for school-type cases. Under JJWA, minors are diverted to intervention/diversion; detention is exceptional and last resort.

Can parents of the aggressor be liable? Yes, civilly, under the Family Code and Civil Code, especially for acts within school supervision or due to lack of parental diligence.

Is a single incident enough to be “bullying”? Yes, if severe and it creates a hostile environment or substantial disruption (e.g., a viral humiliating video or slur).

Are private messages “published” for defamation? If at least one third person (besides sender and victim) receives or hears it, publication exists. Group chats typically qualify.

15) One-page action map

Emergency? Protect first → inform school/CPC → document → request safety measures.
Online? Preserve evidence → request takedown/report to platform → consider PNP-ACG/NBI-CCD if persistent/severe.
Criminal angle? Check offense, file promptly (6-month/1-year clocks). Expect diversion for minors.
Civil claims? Evaluate damages and injunctions; consider school/parent liability under Arts. 218–219.
Well-being: counseling, academic adjustments, family support; avoid retaliatory conduct.

This article is for general information in the Philippine context and is not a substitute for tailored legal advice. For specific cases, consult counsel or approach your school CPC, the local Social Welfare Office (MSWDO/DSWD), and—if online harassment is involved—the PNP Anti-Cybercrime Group or NBI Cybercrime Division.