Dear Attorney,

I am a concerned parent, and I would like to ask for advice on how to handle a situation involving my child at school. My child has repeatedly been hurt by a classmate in a lower grade. I have spoken to the school about it, but the parents of the offending child refuse to meet with the school principal to address the issue. I’m worried about my child’s safety and want to know what legal actions I can take to protect my child and hold the other party accountable. What are my options?

Sincerely,
Concerned Parent

Insights

Bullying and Child Protection in Schools in the Philippines

In the Philippines, bullying in schools is a matter of serious legal concern. The Department of Education (DepEd) and other legal institutions have recognized bullying as a critical issue that needs immediate attention. Republic Act No. 10627, also known as the "Anti-Bullying Act of 2013," is the primary law that deals with bullying in schools, both public and private, at the elementary and secondary levels.

What is Bullying?

Under the Anti-Bullying Act, bullying is defined as any severe or repeated use of written, verbal, electronic, or physical acts that cause physical or emotional harm, harassment, intimidation, or damage to a student's property. It also includes creating a hostile environment that disrupts a student's education or infringes on their rights at school. Bullying may take different forms, including physical violence, verbal abuse, social exclusion, and cyberbullying.

School’s Responsibility Under the Law

Schools in the Philippines are legally obligated to implement policies and procedures to address bullying. These policies must include mechanisms for reporting, investigating, and resolving complaints of bullying. Schools are also required to maintain confidentiality and provide appropriate interventions for both the victim and the perpetrator.

The law requires schools to:

Formulate an Anti-Bullying Policy - Schools must adopt and enforce clear policies against bullying, which should include preventive measures, reporting channels, and disciplinary actions.
Set up Child Protection Committees - Each school must have a Child Protection Committee responsible for handling bullying complaints. This committee is tasked with ensuring that cases of bullying are promptly and properly addressed.
Engage the Parents - Schools are also required to involve the parents of both the bullied child and the alleged bully. This includes calling parents for conferences, facilitating counseling, and implementing interventions for both parties.
Disciplinary Measures - The law allows schools to impose sanctions on students found guilty of bullying. Depending on the gravity of the offense, penalties may range from reprimand to suspension, or even expulsion in severe cases.

What Can You Do If the School Fails to Act?

If the school is unable to resolve the issue or the offending child's parents refuse to cooperate, legal recourse may be available.

Filing a Formal Complaint
Parents may file a formal complaint with the Department of Education (DepEd). DepEd has a clear mandate under the Anti-Bullying Act to supervise schools and ensure they comply with the law. Failure of the school to act on bullying incidents may subject it to administrative penalties.
Involve Local Government Units (LGUs)
Parents may seek the assistance of local government units, particularly the barangay, where community interventions such as mediation or counseling may be facilitated. Under Republic Act No. 7610, the Barangay Council for the Protection of Children (BCPC) has the authority to intervene in situations where the welfare of children is compromised.
Criminal Charges and Civil Action
If the bullying results in serious physical injuries, parents may file criminal charges against the offending child’s parents under the Revised Penal Code. They may also file a civil case for damages under Articles 2176 and 2180 of the Civil Code, which hold parents liable for the acts of their minor children.

Parents may also consider invoking Republic Act No. 7610, the "Special Protection of Children Against Abuse, Exploitation, and Discrimination Act," if the bullying rises to the level of child abuse. RA 7610 punishes any person who commits acts of cruelty, emotional, or physical maltreatment against a child.

Refusal of Parents to Cooperate

It’s important to note that the refusal of the offending child’s parents to meet with the school or principal may be considered a violation of their parental duties. While there is no direct legal remedy for refusing to attend school meetings, parents of the victim can use this refusal to bolster their case, showing the lack of cooperation from the offending party.

Actions Against the School

In situations where the school administration does not properly address the bullying, parents may take legal action against the school. Republic Act No. 9155, the "Governance of Basic Education Act of 2001," mandates schools to create a safe and conducive environment for learning. A failure to protect students from bullying may give rise to liability for negligence. Parents can file an administrative complaint against the school for not complying with the Anti-Bullying Act, including penalties for neglecting child safety.

Bullying and Emotional Distress

Apart from physical harm, parents may also file a case for the emotional distress caused by bullying. A claim for damages may be pursued if it can be proven that the bullying has led to significant emotional trauma. In some cases, courts have awarded compensation for psychological injuries resulting from bullying incidents, based on a medical or psychological assessment.

Conclusion

Bullying is not merely a school disciplinary matter but a legal issue that can have severe consequences on both the bully and the victim. Parents are encouraged to exhaust all avenues within the school system first, including discussions with the school’s Child Protection Committee, before resorting to legal action. Should the school fail to act, legal recourse is available through the Department of Education, the local government, or the courts. The Anti-Bullying Act and other child protection laws offer strong protections for children, and legal measures can be pursued to safeguard the child’s rights and well-being.