School Bullying and Liability of Parents

Below is an extensive discussion of school bullying and the potential liability of parents under Philippine law. This discussion weaves together statutory provisions, relevant administrative regulations, and general principles of civil and criminal liability.


1. Legal Framework on School Bullying in the Philippines

1.1. Republic Act No. 10627 (The Anti-Bullying Act of 2013)

Enacted in 2013, Republic Act No. 10627, also known as the Anti-Bullying Act of 2013, is the principal law addressing school bullying in the Philippines. Its salient features include:

  1. Definition of Bullying
    Bullying is broadly defined to cover written, verbal, electronic (cyberbullying), or physical acts that cause physical or psychological harm to a student, or place him/her in a position of fear or humiliation, or create a hostile educational environment.

  2. Scope
    The law applies to all public and private kindergarten, elementary, and secondary schools. It requires that schools adopt policies to address bullying and ensure a safe environment for learners.

  3. Mandatory Policies and Intervention Programs
    All educational institutions must formulate a child protection or anti-bullying policy, which must include:

    • Prevention and intervention programs.
    • Procedures for the immediate response to bullying incidents.
    • Disciplinary measures for bullying.
    • Mechanisms for support, counseling, or other services.
  4. Reporting Obligations
    Teachers and school staff are duty-bound to report bullying incidents to the designated official in the school. Students and parents may also file confidential reports.

  5. Liability of School Administrators
    While RA 10627 primarily addresses the school’s obligations, the law also underscores that officials who do not take action upon knowing of a bullying incident risk administrative liability. In extreme cases, this liability may be criminal (if, for example, there is gross negligence that results in serious harm).

1.2. Implementing Rules and Regulations (IRR) of the Anti-Bullying Act

The Department of Education (DepEd) issued specific guidelines (DepEd Order No. 55, s. 2013, later consolidated or updated by subsequent orders) that clarify:

  • The procedure for investigating bullying complaints.
  • The role of Child Protection Committees in schools.
  • The requirement for schools to submit reports on bullying incidents.
  • Specific references to acts considered as cyberbullying.

The IRR also outline the administrative process and the sanctions a school can impose on student-bullies, from counseling to suspension or exclusion, depending on the severity and frequency.


2. Nature of Liability for Bullying

2.1. Liability of the Bully (Student)

  1. Disciplinary Measures
    Under the Anti-Bullying Act and the DepEd guidelines, the main immediate consequence for a child who engages in bullying is an administrative or disciplinary sanction from the school. This may include reprimands, counseling, suspension, or, in extreme or repeated instances, expulsion.

  2. Possible Civil Liability
    If bullying leads to physical or psychological injury, the perpetrator (though a minor) could be exposed to a civil suit for damages under the Civil Code of the Philippines. Article 2176 on quasi-delicts and Articles 19 to 21 on abuse of rights and human relations can come into play.

    • However, since minors generally lack the full capacity to enter into contracts or be held liable in the same manner as adults, the liability could attach to the parents or guardians in certain scenarios, subject to limitations and defenses.
  3. Possible Criminal Liability
    While the Juvenile Justice and Welfare Act (Republic Act No. 9344, as amended by R.A. No. 10630) primarily protects minors from adult criminal proceedings, a child above the age of criminal responsibility (12 years and older for serious offenses, with additional considerations up to 15 years old) could be placed under the care of youth rehabilitation centers or be subject to diversion programs if bullying escalates to certain crimes (e.g., physical injuries or other criminal acts).

2.2. Liability of the School and Its Officials

  1. Administrative Liability
    School officials may be held liable for failure to address or report bullying incidents. DepEd may impose sanctions on educators and administrators if they are remiss in their duties.

  2. Civil Liability
    If a school’s negligence (for example, ignoring ongoing bullying despite repeated complaints) directly contributes to the harm, the school or its administrators may be held civilly liable for damages under quasi-delict principles (Article 2176, Civil Code). Courts have held that an educational institution can be made to pay damages if it fails to provide the standard of care owed to students, resulting in injury.

  3. Criminal Liability
    In extreme cases, if the negligence of school officials is so gross and leads to serious harm or death, criminal negligence charges may be possible. However, such cases are rare and would require a high threshold of proof.


3. Liability of Parents for Their Child’s Bullying

3.1. General Overview

Philippine law recognizes parents’ duty to exercise parental authority and responsibility over their minor children. The Family Code (Executive Order No. 209) lays down the broad principle of parental authority, which includes nurturing, guiding, and disciplining children.

3.2. Civil Liability Under the Civil Code

  1. Quasi-Delicts (Article 2176) and Vicarious Liability
    Article 2180 of the Civil Code provides that the father and, in case of his death or incapacity, the mother, are “responsible for the damage caused by the minor children who live in their company.” This is a form of vicarious liability, meaning that if a child commits a tortious act (like bullying that causes damage), the parents may be held liable for damages—even without direct involvement—provided that the child is under their parental authority and living with them.

  2. Limitations to Parental Liability
    Parents can raise defenses, such as demonstrating that they exercised the proper diligence required (diligence of a “good father of a family”) to prevent the wrongdoing or that the child was not under their custody at the time. However, courts typically construe parental supervision strictly, especially if the bullying is serious or persistent.

  3. Damages

    • Actual Damages: For medical bills or therapy if the victim was physically or psychologically injured.
    • Moral Damages: For emotional suffering, sleepless nights, social humiliation, etc.
    • Exemplary Damages: If the act or omission was grossly negligent or motivated by ill will.

3.3. Criminal Liability of Parents

Generally, parents are not criminally liable for the acts of their children simply because of parental authority. The criminal liability for bullying that escalates to a crime lies primarily with the offending child, subject to the Juvenile Justice and Welfare Act. However, if the parents themselves actively participated, encouraged, or were complicit in the act (e.g., if they orchestrated or supported the child’s bullying), they could be charged as principals or accomplices to the crime.


4. Practical Applications and Real-World Concerns

  1. Educational Environment
    Schools are strongly urged to establish a “positive discipline” environment, incorporate anti-bullying campaigns, and train staff to address bullying at the earliest signs.

  2. Parent-School Collaboration
    Given parents’ vicarious civil liability, many schools encourage parents to engage actively in counseling sessions or intervention programs. Parental cooperation is paramount to ensure that the bullying behavior is corrected.

  3. Legal Proceedings

    • Administrative Proceedings: Typically initiated within the school, culminating in disciplinary measures for the student-bully or administrative sanctions for negligent school officials.
    • Civil Suits: Victims (through their parents) can bring a civil action for damages in court. Often, the parents of the bully will be named defendants as well.
    • Criminal Complaints: Relevant only if the bullying act constitutes a crime under the Revised Penal Code (e.g., serious physical injuries, grave threats, unjust vexation, libel in case of cyberbullying) and if the child is above the minimum age of criminal responsibility or repeated interventions have failed.
  4. Role of Barangay
    In less severe cases, or before going to court, parties sometimes resort to barangay conciliation under the Katarungang Pambarangay law (if the parties live in the same municipality). This can provide an avenue for mediation and settlement.

  5. Cyberbullying Considerations
    Cyberbullying can cross school boundaries and occur on social media, messaging platforms, etc. The Anti-Bullying Act’s definition includes cyberbullying, and the Cybercrime Prevention Act of 2012 (R.A. No. 10175) may also come into play when the online acts amount to libel, identity theft, or other cyber-offenses. In such instances, parents of offending minors could again be civilly liable for damages, and the minors themselves may be subjected to appropriate interventions or diversion programs.


5. Key Points of Guidance

  1. For Parents

    • Maintain open communication with children about their school life, including potential bullying situations.
    • Take any report or hint of bullying seriously—seek prompt intervention with teachers, guidance counselors, or administrators.
    • Recognize that parents can be held financially or civilly responsible for damages if their child’s bullying behavior causes harm.
  2. For Schools

    • Adopt a clear, written anti-bullying policy that outlines investigation procedures, sanctions, and support mechanisms.
    • Train teachers and staff to identify and address bullying immediately.
    • Maintain records of reported incidents and ensure confidentiality for victims and whistleblowers.
    • Utilize a Child Protection Committee or its equivalent to conduct prompt investigations and impose consistent sanctions.
  3. For Victims

    • Report incidents immediately to school administrators or trusted school personnel.
    • Gather evidence (e.g., screenshots of messages, photos of injuries, testimonies) if safe and feasible.
    • Seek psychosocial support or counseling when needed.
    • If school remedies are insufficient, parents may explore remedies under civil or criminal law, subject to the child’s best interests and advice of counsel.
  4. Legal Advisory

    • Each case is highly fact-specific. Victims and parents are advised to consult a lawyer for tailored legal strategies.
    • Schools and parents of alleged bullies should also seek legal counsel to understand their obligations, defenses, and possible liabilities.

6. Conclusion

In the Philippines, school bullying is taken seriously under Republic Act No. 10627 (the Anti-Bullying Act), its Implementing Rules and Regulations, and related DepEd orders. Schools must enforce a robust anti-bullying policy and may be held liable for failing to do so. Parents, on the other hand, can be civilly liable under the Civil Code for damages caused by their child’s bullying if it results in injury to another student. Although criminal liability against parents for their child’s bullying is not typical, involvement or complicity can expose them to prosecution.

Ultimately, the Philippine legal framework underscores the shared responsibility of schools and parents to protect children from bullying, instill proper values, and ensure a safe and nurturing educational environment.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.