This article synthesizes Philippine statutes, department orders, and foundational case-law doctrines governing bullying by minors (“juveniles”) in basic education settings. It maps what conduct is punishable, who may be sanctioned, the kinds of penalties available, and how procedures should unfold in practice.

I. Core Legal Sources

Republic Act (RA) No. 10627 — “Anti-Bullying Act of 2013.” Requires all elementary and secondary schools (public and private) to adopt anti-bullying policies, define prohibited acts (including cyberbullying), set reporting/investigation protocols, impose appropriate disciplinary measures, and provide protective and remedial interventions.
DepEd Order No. 55, s. 2013 — IRR of RA 10627. Details definitions, mandatory policy contents, duties of school personnel, reporting channels, due process, and sanctions for non-compliance with school policy.
DepEd Order No. 40, s. 2012 — “Child Protection Policy.” Establishes a child-protective framework (prohibitions, intervention programs, crisis management, referral to DSWD/PNP/Barangay). Bullying is treated as child abuse when it results in maltreatment or exploitation.
RA No. 9344 (as amended by RA 10630) — “Juvenile Justice and Welfare Act (JJWA).” Governs criminal responsibility and diversion/intervention for children in conflict with the law. Sets the minimum age of criminal responsibility (MACR) at 15; 15 to below 18 are exempt from criminal liability unless they acted with discernment, in which case they undergo child-appropriate proceedings and may still be eligible for diversion depending on the offense.
Civil Code & Family Code (Arts. 218, 219, and related) and Civil Code Art. 2180 doctrine Provide civil liability rules: schools, administrators, and teachers exercise special parental authority over students while under their supervision and can be solidarily liable for damages caused by pupils unless they prove due diligence. Parents may also be liable for their minor child’s torts.
Other intersecting laws (as applicable to the conduct):
- RA 7610 (Special Protection of Children Against Abuse)
- Revised Penal Code (physical injuries, grave threats, libel/slander, etc.)
- RA 10175 (Cybercrime Prevention Act — e.g., cyber-libel, cyber-threats)
- RA 11313 (Safe Spaces Act — gender-based harassment, including online)
- RA 9995 (Anti-Photo and Video Voyeurism Act)
- RA 11053 (Anti-Hazing Act of 2018), when “bullying” overlaps with initiation rites

II. What Counts as “Bullying”

Under RA 10627 and its IRR (DO 55, s. 2013), bullying includes any severe or repeated use of written, verbal or electronic expression, or a physical act or gesture (or any combination thereof) by one or more students directed at another that has the effect of:

Causing physical or emotional harm, or damage to property;
Placing the victim in reasonable fear of harm;
Creating a hostile environment at school;
Substantially disrupting the education process or the orderly operation of the school.

Modalities typically enumerated in policies:

Physical (hitting, spitting, tripping, damaging belongings)
Verbal (name-calling, taunts, slurs)
Social/Relational (exclusion, spreading rumors)
Cyberbullying (through text, chat, social media, email, posts, anonymous accounts, doxxing, non-consensual sharing of images)

Where it applies: on campus, during school-sponsored activities (on or off campus), on school buses, and cyber acts that materially disrupt school or harm a student’s rights.

III. Who Can Be Sanctioned — and By Whom

Student perpetrators (minors): Subject to school disciplinary measures under the handbook/anti-bullying policy and, in grave cases, to diversion/intervention or child-appropriate legal action under JJWA.
Bystanders/complicit students: May face measures if they abet or retaliate against reporters/witnesses.
School personnel/administrators: Face administrative sanctions for failing to implement required policies or for negligence in responding to reports (through DepEd’s regulatory/disciplinary mechanisms; private schools risk action on their permit/recognition).
Parents/guardians: Not “disciplined” by schools, but civilly liable for damages caused by their minor children; may also be directed to attend conferences, counseling, or parenting seminars as part of a case plan.

IV. Penalties and Measures Against Student Bullies (School-Level)

The Anti-Bullying Act does not fix a single national penalty grid. Instead, it compels each school to codify a graduated discipline matrix in its student handbook/policy, observing due process and child protection principles. A compliant matrix typically includes:

Educational & Restorative Measures (first-line):
- Guidance counseling; psycho-social assessment; empathy/skills training
- Behavior contracts; reflective papers; apology/repair processes where appropriate
- Mediation or restorative conferencing (if safe and voluntary)
- Community service within child-appropriate limits
- Parent engagement: mandatory conferences; parenting support referrals
Corrective Discipline (progressive and proportionate):
- Written reprimand/warning
- Loss of privileges (e.g., club posts, trip participation)
- Classroom or school service (non-demeaning)
- Suspension — typically up to an aggregate maximum (commonly not more than 20 school days per DepEd norms for basic education); beyond certain thresholds requires higher-level approval and added safeguards
- Exclusion/transfer or, in extreme cases, expulsion — generally reserved for grave, repeated, or dangerous conduct, with DepEd approval (for basic education) after formal proceedings
Protection/Management Orders (non-punitive but restrictive):
- No-contact directives; separated seating or schedules
- Safety planning for the victim (escorts, buddy systems)
- Monitoring by advisers/disciplinary officers

Key limits: Penalties must be child-sensitive, non-violent, non-demeaning, individually assessed, and linked to intervention plans rather than mere retribution.

V. When Bullying Crosses Into Crimes — How Liability Works for Minors

Some bullying conduct is also a crime (e.g., serious physical injuries, grave threats, theft/robbery of school items, cyber-libel, gender-based online harassment, voyeurism). When so:

Under 15 years old: Exempt from criminal liability. The child is referred for intervention (DSWD-led) and case management; parents/guardians participate.
15 to below 18: Exempt unless acting with discernment. If discernment is found, the child is processed as a CICL with diversion preferred for offenses with imposable penalties not exceeding 12 years; otherwise, child-appropriate proceedings apply.
Protective custody and privacy rules apply; detention is a last resort.

Note: Even when a minor is exempt from criminal liability, civil liability may still attach (e.g., damages to the victim), and school discipline proceeds independently.

VI. Civil Liability: Parents, Schools, and Teachers

Parents/guardians can be held liable for damages caused by their minor child’s bullying (torts), subject to defenses.
Schools/administrators/teachers are under special parental authority during school hours and activities; they may be solidarily liable unless they show due diligence in supervision and in implementing the Anti-Bullying Act/Child Protection Policy (e.g., having a compliant policy, prompt response, safety measures, and documentation).

VII. Mandatory School Procedures (Due Process & Child Protection)

A legally sound school response must, at minimum:

Enable multiple reporting channels (adviser, guidance office, child protection committee; acceptance of anonymous tips though they alone should not trigger punishment).
Ensure prompt, impartial fact-finding (collection of written statements; preservation of digital evidence; interviews conducted child-sensitively).
Notify parents/guardians of both victim and alleged bully; convene conferences.
Provide immediate protective measures to stop ongoing harm; prohibit retaliation.
Observe due process for the accused child: written notice of allegations, access to evidence appropriate to age, opportunity to be heard, allow an assisting person, and an appeal path per handbook.
Decide using a graduated matrix and a case management plan (intervention + discipline).
Document everything (intake forms, actions taken, monitoring).
Refer out to DSWD/Barangay/PNP-WCPD for high-risk cases, crimes, or when family support is inadequate.
Confidentiality: protect the identities of minors and sensitive records; comply with the Data Privacy Act in handling student information and digital evidence.

VIII. Penalties for Non-Compliance by Schools

Schools that fail to adopt/implement a compliant anti-bullying policy or that ignore reports risk:

DepEd administrative action for violation of department orders (e.g., directives to correct, monitoring, possible sanctions affecting permits/recognition for persistent non-compliance in private schools).
Civil suits for damages grounded in negligence/lack of due diligence.
Criminal exposure for responsible officials only where conduct independently constitutes an offense (e.g., obstruction, child abuse through neglect in extreme cases).

IX. Cyberbullying: Special Notes

Coverage: Online acts (on or off campus) that substantially affect school order or student rights.
Preservation of evidence: Screenshots, message exports, platform logs, and chain-of-custody notes.
Overlap with cybercrime laws: Cyber-libel, identity theft/unauthorized access, child sexual abuse material (CSAM) offenses, or voyeurism.
Remedies: Takedown requests, platform reporting, and—where necessary—referral to law enforcement; school measures (no-contact, schedule adjustments) proceed in parallel.

X. Typical Penalty Progression (Illustrative Matrix)

Actual handbooks vary; this illustrates legally consistent practice.

First substantiated incident (non-grave): Guidance counseling; written warning; behavior contract; parent conference; no-contact order; skill-building module.
Second incident or aggravating factors: Suspension (e.g., 1–5 school days); community service; intensified counseling; restorative session if safe and voluntary.
Third/repeated or serious harm (injury, threats, extortion, sexualized content, hate-based acts): Longer suspension (still within DepEd limits unless specially approved); recommendation for exclusion/transfer; referral to DSWD/PNP; case plan with timelines.
Gravest cases: Expulsion (subject to DepEd approval in basic education), with documented due process and safeguarding of the victim.

XI. Aggravating and Mitigating Considerations

Aggravating: premeditation, use of weapons, hate/bias motive, filming and posting, group attacks, prior sanctions, targeting of a child with disability. Mitigating: prompt admission and remorse, voluntary repair, first offense, demonstrable behavioral plan engagement, age and developmental context.

XII. Remedies and Support for Victims

Immediate safety measures and supportive counseling
Academic accommodations (extensions, tutoring, class adjustments)
No-retaliation enforcement
Referral to external services (DSWD, mental health providers)
Administrative/disciplinary complaint within the school and appeals per handbook
Civil action for damages (with counsel/guardian)
Criminal complaint (where conduct is an offense), with child-friendly proceedings

XIII. Evidence & Record-Keeping

Accept multiple forms of proof: witness accounts, contemporaneous notes, digital artifacts, medical certificates, guidance logs.
Balance of probabilities for school discipline; proof beyond reasonable doubt for criminal cases.
Confidential student records; disclose strictly on a need-to-know basis and with lawful authority.

XIV. Coordination with Authorities

Barangay Council for the Protection of Children (BCPC): mediation, case conferences, community-level support.
PNP Women and Children Protection Desks (WCPD): child-sensitive investigation for criminal aspects.
DSWD/LSWDO: intake, assessment, and intervention/diversion programs under JJWA.

XV. Compliance Checklist for Schools

Written Anti-Bullying Policy aligned with RA 10627 + DO 55/DO 40
Clear definitions, scope, and prohibited acts (incl. cyber)
Reporting channels (anonymous allowed), forms, and timelines
Child Protection Committee with trained members
Due process steps and appeals in the handbook
Graduated sanctions + intervention programs
Parent engagement protocols and safety planning tools
Documentation and data privacy controls
Capacity-building (student modules; staff training)
Referral MOUs or directories (DSWD, PNP-WCPD, LSWDO, mental health)

XVI. Frequently Asked Practical Questions

1) Can schools expel a bully? Yes, but only in the gravest cases and with DepEd approval for basic education, after strict due process and documentation that lesser measures are inadequate.

2) Are suspensions capped? Yes, suspensions are time-bound (commonly not beyond 20 school days absent higher approval). Policies should be proportionate and child-protective.

3) If the act also amounts to a crime, can the school still discipline? Yes. School discipline is independent of criminal processes and should proceed promptly to ensure safety and order.

4) Can a 14-year-old be jailed for cyberbullying? No. Under JJWA, a child below 15 is exempt from criminal liability; the response is intervention, not incarceration. Civil liability and school sanctions may still apply.

5) Are parents punishable by the school? No. But they can be civilly liable and may be required to attend conferences/seminars as part of a case plan.

6) What if bullying occurs off-campus online at night? Schools may act if the conduct materially disrupts school operations or infringes a student’s rights; criminal/civil remedies may also be pursued.

XVII. Bottom Line

In the Philippines, juvenile bullying in schools is chiefly addressed through school-based, child-protective discipline and intervention, mandated by RA 10627 and DepEd’s Child Protection framework. Penalties are graduated and restorative by design—ranging from counseling and no-contact orders to suspension and, in extreme cases, expulsion—while serious conduct may trigger civil liability and child-appropriate criminal processes under JJWA and special laws. The legal system’s throughline is clear: protect the child, repair harm, ensure accountability, and keep schools safe.