Protecting Your Child Under the Anti-Bullying Act: Why Schools Can Be Held Liable for Failing to Act
Introduction
Bullying in school can lead to immediate physical injury, lasting emotional harm, and disruption of a child’s education. Philippine law does not treat bullying as a purely “discipline” matter left to a school’s discretion. Under the Anti-Bullying Act of 2013, schools have defined duties to prevent, respond to, investigate, document, and report bullying incidents. When a school fails to act, it may face administrative consequences under the statute and, in some situations, civil liability under Philippine jurisprudence for failing to provide a safe learning environment.
Governing Philippine laws and regulations
The primary statute on bullying in elementary and secondary schools is Republic Act No. 10627 (Anti-Bullying Act of 2013; approved September 12, 2013). It defines bullying broadly to include physical, verbal, social/psychological, and cyber forms, and requires every covered school to adopt and implement anti-bullying policies.
Separately, certain conduct may overlap with gender-based harassment in schools. The Implementing Rules and Regulations of Republic Act No. 11313 (Safe Spaces Act IRR; 2019) impose duties on educational institutions to prohibit and address gender-based sexual harassment and recognize liability where school heads fail to implement required duties or fail to act on reported incidents.
What conduct is “bullying” under the Anti-Bullying Act
Bullying is defined as any severe or repeated act (written, verbal, electronic, physical, gesture, or a combination) directed at another student that causes fear of harm, creates a hostile school environment, infringes the victim’s school rights, or materially disrupts school operations. The law expressly includes:
- Unwanted physical contact (for example: punching, pushing, kicking, slapping, teasing, fighting, use of objects as weapons).
- Acts harming a victim’s psyche or emotional well-being.
- Slanderous statements or accusations causing emotional distress (for example: foul language, name-calling, tormenting, negative comments on looks/body/clothes).
- Cyberbullying or bullying done through technology or electronic means.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
School duties under the Anti-Bullying Act
RA 10627 does not merely encourage schools to respond; it directs them to adopt policies and build procedures that work. At a minimum, the school’s policy must include the following components:
1) Clear scope of prohibited conduct (including off-campus online conduct with school impact)
Schools must prohibit bullying on school grounds, nearby premises, school-sponsored activities (on or off campus), bus stops, school buses or vehicles used by the school, and through technology or devices owned/leased/used by the school. The policy must also address bullying done off-campus or using non-school devices when it creates a hostile school environment, infringes the victim’s rights at school, or materially disrupts school operations.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
2) Anti-retaliation protection
Policies must prohibit retaliation against a person who reports bullying, provides information during investigation, or is a witness (or has reliable information). This matters because fear of backlash is a common reason incidents go unreported.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
3) A range of disciplinary administrative actions and rehabilitation
The policy must identify disciplinary administrative actions commensurate to the gravity of the offense, and must also require the perpetrator to undergo a rehabilitation program administered by the school, with parents encouraged to participate.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
4) Reporting, prompt investigation, protection, and support procedures
The policy must include procedures for reporting, prompt response and investigation, restoration of safety, protection of reporters/witnesses, and counseling or referral services for perpetrators, victims, and relevant family members.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
5) Anonymous reporting (with limits)
Schools must enable anonymous reporting. However, the law restricts discipline based solely on anonymous reports. This ensures due process while encouraging reporting.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
6) Measures against knowingly false accusations
A student who knowingly makes a false accusation of bullying may be subjected to disciplinary administrative action, which helps maintain fairness in the process.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
7) Education and publication of the policy
The policy must require education of students and parents about bullying dynamics, school rules, and reporting mechanisms. Schools must provide copies of the anti-bullying policy to students and parents, include it in handbooks, and post it conspicuously on school walls and on the school website (if any).
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
8) Public recordkeeping and confidentiality
Schools must maintain a public record of relevant information and statistics on bullying/retaliation, but the names of students who committed bullying must remain strictly confidential, disclosed only to limited persons stated by law.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
Who is responsible inside the school
The school principal (or equivalent) is responsible for implementing and overseeing the anti-bullying policies. Members of the school community who witness or learn of bullying or retaliation must report it to the principal or designated officer; upon receipt, the school must promptly investigate.
If bullying is found to have occurred, the principal or designee must:
- Notify law enforcement if criminal charges under the Revised Penal Code may be pursued;
- Impose appropriate disciplinary administrative action;
- Notify the parents/guardians of the perpetrator; and
- Notify the parents/guardians of the victim regarding the action taken to prevent recurrence.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
Reporting duties to DepEd and consequences for noncompliance
Schools must inform their Schools Division Superintendents in writing about the anti-bullying policies formulated within the statutory period, and submit annual reports with relevant information and statistics on bullying/retaliation.
For noncompliance, the DepEd Secretary is mandated to prescribe administrative sanctions against school administrators who fail to comply. Private schools may also face suspension of permits to operate.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
Why schools can be held liable for failing to act: civil liability and jurisprudence
Beyond administrative consequences, schools may face civil liability when their failure to provide a safe environment leads to harm. The Supreme Court recognized that an educational institution is contractually obligated to provide and maintain a safe learning environment for students, and failure to do so can amount to breach of contract (culpa contractual).
In Mother Goose Special School System, Inc. v. Palaganas, et al. (G.R. No. 267331; 2025), the Court sustained findings that the school was grossly negligent in preventing and responding to student-on-student violence, including lack of teacher training to identify and address bullying, lack of a protocol, and failure to inform the victim’s parents. The Court emphasized that in a contractual breach framework, the school may be held directly liable for failing to provide a safe learning atmosphere, and defenses commonly used in quasi-delict settings (such as due diligence in selection/supervision of employees) are not a complete shield when the cause of action is breach of contract.
Cited authority: Mother Goose Special School System, Inc. v. Palaganas, et al. (G.R. No. 267331; 2025).
How this works in common school scenarios
Below are examples of situations where RA 10627 duties are commonly tested, and where liability exposure increases if the school’s response is delayed, inconsistent, or undocumented.
Scenario 1: Repeated physical aggression framed as “play fighting”
A child is punched or hurt repeatedly by classmates, but teachers dismiss it as ordinary roughhousing. Under RA 10627, schools must have staff capacity and procedures for prompt investigation and protective measures. A pattern of minimization and lack of protocol was one of the factual bases for liability findings in Mother Goose.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013); Mother Goose Special School System, Inc. v. Palaganas, et al. (G.R. No. 267331; 2025).
Scenario 2: Cyberbullying at home that spills into school
Students create group chats mocking a classmate at night using non-school devices. If the conduct creates a hostile environment at school, infringes the victim’s rights at school, or materially disrupts school operations, it falls within the school policy’s scope and must be addressed by school mechanisms.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
Scenario 3: A victim reports, then is threatened or isolated
Retaliation is expressly prohibited. A school that ignores retaliation complaints increases risk of administrative sanctions and strengthens a narrative of institutional inaction.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
Scenario 4: Gender-based sexual harassment in school settings
If bullying conduct overlaps with gender-based sexual harassment, schools and school heads have additional duties under the Safe Spaces Act framework. The Safe Spaces Act IRR recognizes liability for school heads for non-implementation of duties or failure to act on reported incidents, without prejudice to administrative cases.
Cited authority: IRR of Republic Act No. 11313 (Safe Spaces Act IRR; 2019).
What parents should do when bullying happens
The objective is to (1) stop ongoing harm, (2) trigger the school’s statutory mechanisms, and (3) preserve records if escalation becomes necessary.
Immediate steps
- Document the incident: dates, places, names of students involved, screenshots (for cyberbullying), photos of injuries, medical records, and a brief narrative while details are fresh.
- Report promptly to the school principal or designated anti-bullying officer and request written acknowledgment. RA 10627’s mechanism centers on reporting to the principal/designee and prompt investigation.
- Ask what interim safety measures will be implemented (supervision adjustments, seat changes, monitored areas, no-contact instructions) while investigation is ongoing.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
Requests you may make to the school (in writing)
- A copy of the school’s anti-bullying policy and reporting procedures (schools must provide copies and post them).
- Confirmation that the school will notify parents/guardians of both victim and perpetrator, as required when bullying is determined.
- Information on available counseling/referrals for the child and family.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
When escalation becomes necessary
Consider escalation when the school refuses to investigate, repeatedly delays action, fails to stop recurrence, or retaliatory acts continue. Depending on the facts, escalation routes may include:
- Administrative complaint through DepEd channels for noncompliance with RA 10627 obligations (and potential permit consequences for private schools).
- Police referral if conduct may amount to crimes (RA 10627 expressly contemplates law enforcement notification when criminal charges may be pursued).
- Civil action where the school’s failure to provide a safe learning environment supports a claim for damages, including under a breach of contract theory recognized in jurisprudence.
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013); Mother Goose Special School System, Inc. v. Palaganas, et al. (G.R. No. 267331; 2025).
Summary table: school obligations and parent focus points
| Legal requirement | What the school must have or do | What parents should look for |
| Policy coverage | Prohibitions on-campus, school activities, school vehicles, and certain off-campus cyberbullying that affects school | Does the school treat online harassment affecting school life as covered? |
| Reporting and investigation | Clear reporting channels; prompt investigation upon report | Written acknowledgment, timelines, and documented steps |
| Protection and anti-retaliation | Measures restoring safety; protection of reporters/witnesses; anti-retaliation rules | Concrete interim safeguards; monitoring against retaliation |
| Parent notification | Notify parents of perpetrator and victim when bullying is determined; explain prevention measures | Clear communication, not delayed or minimized |
| Sanctions and rehabilitation | Disciplinary actions proportionate to offense, plus rehabilitation program | Measures that stop recurrence, not merely verbal warnings |
Cited authority: Republic Act No. 10627 (Anti-Bullying Act of 2013; September 12, 2013).
Conclusion and final observations
Under the Anti-Bullying Act of 2013, schools must adopt and implement functioning systems to prevent and address bullying, including prompt investigation, protective measures, parent notification, and documented reporting. When a school fails to act, the consequences may go beyond internal discipline. Administrative sanctions may apply for noncompliance, and civil liability may arise where the school breaches its obligation to provide a safe learning environment, as recognized in Supreme Court jurisprudence.
For parents, the most effective approach is to report in writing to the proper school official, request the school’s written policy and documented actions, ensure interim safety measures are in place, and keep complete records if escalation becomes necessary.
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