Anti Bullying

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BOHOL ISLAND STATE UNIVERSITY

Tagbilaran City

Vision: A premier Science and Technology university for the formation of world class and virtuous
human resource for sustainable development in Bohol.

Mission: BISU is committed to provide quality higher education in the arts and sciences, as well as in the
professional and technological fields; undertake research and development and extension services for the
sustainable development of Bohol and the country.

_____________________________________________________________________________________________

COLLEGE OF ADVANCED STUDIES


Doctor of Education-Major in Educational Management
Second Semester 2019-2020

Names : ANABEL C. RUBIA


NORMA LABRADOR
Course : EDD-EM
Subject : Legal Foundation of Administration
Professor : Dr. Lorejo M. Rufino
Semester : 2nd semester, S.Y. 2019-2020

ASSIGNED TOPIC:
____________________________________________________________________________________

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10627,


OTHERWISE KNOWN AS THE ANTI-BULLYING ACT OF 2013

Pursuant to the provisions of Section 7 of Republic Act No. 10627, this Order is hereby
issued to implement the provisions of the Act.

RULE I
PRELIMINARY PROVISIONS

Section 1. Short Title. These rules shall be known as the “Implementing Rules and
Regulations of the Anti-Bullying Act of 2013.”

Section 2. Scope and Coverage.

These rules shall cover all public and private kindergarten, elementary and secondary
schools and learning centers.

RULE II
DEFINITION OF TERMS

Section 3. Definition of Terms. – As used in this Implementing Rules and


Regulations (IRR), the following terms shall be defined as:

a. “Act” refers to Republic Act No. 10627, otherwise known, as the “Anti-Bullying Act of
2013”;

b. “Bullying” refers to any severe, or repeated use by one or more students of a


written, verbal or electronic expression, or a physical act or gesture, or any combination
thereof, directed at another student that has the effect of actually causing or placing the
latter in reasonable fear of physical or emotional harm or damage to his property;
creating a hostile environment at school for the other student; infringing on the rights of
another student at school; or materially and substantially disrupting the education
process or the orderly operation of a school; such as, but not limited to, the following:

1. Any unwanted physical contact between the bully and the victim like punching,
pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing,
fighting and the use of available objects as weapons;

2. Any act that causes damage to a victim’s psyche and/or emotional well-being;

3. Any slanderous statement or accusation that causes the victim undue emotional
distress like directing foul language or profanity at the target, name-calling, tormenting
and commenting negatively on victim’s looks, clothes and body;

4. “Cyber- bullying” or any bullying done through the use of technology or any
electronic means. The term shall also include any conduct resulting to harassment,
intimidation, or humiliation, through the use of other forms of technology, such as, but
not limited to texting, email, instant messaging, chatting, internet, social media, online
games, or other platforms or formats as defined in DepED Order No. 40, s. 2012; and

5. Any other form of bullying as may be provided in the school’s child protection or anti-
bullying policy, consistent with the Act and this IRR.

b. 1. The term “bullying” shall also include:

1. “Social bullying” – refers to any deliberate, repetitive and aggressive social


behavior intended to hurt others or to belittle another individual or group.

2. “Gender-based bullying” – refers to any act that humiliates or excludes a person on


the basis of perceived or actual sexual orientation and gender identity (SOGI).

c. “Bully” – refers to any student who commits acts of bullying as defined by the Act or
this IRR.

d. “Bullied” or “Victim” – refers to any student who experiences the acts of bullying or


retaliation as defined by the Act or this IRR.

e. “Bystander” – refers to any person who witnesses or has personal knowledge of


any actual or perceived acts or incidents of bullying or retaliation as defined by this IRR.

f. “Learning center” – refers to learning resources and facilities of a learning program


for out-of-school youth and adults as defined in DepED Order. No. 43, s. 2013.

g. “Service provider” – refers to any person who is not a teacher or school personnel
but who works in the school, such as, but not limited to, security guards, canteen
personnel, utility workers, and transportation service personnel.

h. “Student” – refers to a person who attends classes in any level of basic education,
and includes a pupil or learner as defined in DepED Order No. 40, s. 2012.

RULE III
ANTI-BULLYING POLICIES

Section 4. Adoption of Anti-Bullying Policies

All public and private kindergarten, elementary and secondary schools shall adopt
policies to address the existence of bullying in their respective institutions. Such policies
shall be regularly updated and, at a minimum, shall include provisions on prohibited
acts, prevention and intervention programs, mechanisms and procedures.

RULE IV
PROHIBITED ACTS

Section 5. Prohibited Acts

Consistent with Section 3 of the Act, the anti-bullying policy shall prohibit:

1. Bullying at the following:

a. school grounds;

b. property immediately adjacent to school grounds;

c. school-sponsored or school-related activities, functions or programs whether on or off


school grounds;

d. school bus stops;

e. school buses or other vehicles owned, leased or used by a school;

f. school buses or school services privately-owned but accredited by the school.

2. Bullying through the use of technology or an electronic device or other forms of media
owned, leased or used by a school.

3. Bullying at a location, activity, function or program that is not school-related and


through the use of technology or an electronic device or other forms of media that is not
owned, leased or used by a school; and

4. Retaliation against a person who reports bullying, who provides information during an
investigation of bullying, or who is a witness to or has reliable information about bullying.

RULE IV
PREVENTION AND INTERVENTION PROGRAM TO ADDRESS BULLYING

Section 6. Prevention Programs

All public and private schools shall adopt bullying prevention programs. These programs
shall be applicable to all students regardless of level of risk or vulnerability to bullying.
Said programs shall also be comprehensive, multi-faceted and shall involve all
education stakeholders and personnel. The programs may contain among others:

(1) School-wide initiatives centered on:

a. positive school climate and environment conducive to the attainment of learning


objectives, the development of healthy relationships and the understanding of and
respect for individual differences;

b. periodic assessment and monitoring of the nature, extent, and perceptions of bullying
behaviors and attitudes of students;

c. periodic review and enhancement of the students’ and personnel’s manual or code of
conduct in relation to bullying;
d. conduct of activities for students, school personnel and service providers on how to
recognize and respond to bullying.

e. continuing personnel development to sustain bullying prevention programs; and

f. coordination with Local Government Units, barangay (Barangay Council for the
Protection of Children) and other stakeholders.

(2) Classroom-level initiatives that focus on:

a. reinforcing school-wide rules pertaining to bullying;

b. building a positive sense of self and interpersonal relationships through the


development of self-awareness and self-management, interpersonal skills and empathy,
and responsible decision-making and problem-solving;

c. discussion of issues related to bullying, and strategies for responding to and reporting
of incidents of bullying;

d. teaching positive online behavior and safety and how to recognize and report cyber-
bullying; and

e. providing an inclusive and caring learning environment for students.

(3) Involving parents in bullying prevention activities, such as:

a. discussions of the anti-bullying policy of the school, emphasizing bullying prevention


during Parents-Teachers Association meetings and seminars; and

b. conducting or sponsoring education sessions for parents to learn, teach, model, and
reinforce positive social and emotional skills to their children.

(4) Monitoring students who are vulnerable to committing aggressive acts or who are
perpetrators of bullying, or who are possible targets or victims, for the purpose of early
intervention. This activity shall be conducted with utmost confidentiality and respect for
all parties concerned.

Section 7. Intervention Programs

There shall be intervention programs to promote the continuity of comprehensive anti-


bullying policies. Intervention refers to a series of activities which are designed to
address the following:

a. issues that influence the student to commit bullying;

b. factors that make a student a target of bullying; and

c. effects of bullying.

Interventions may include programs such as counseling, life skills training, education,
and other activities that will enhance the psychological, emotional and psycho-social
well-being of both the victim and the bully. Such programs may:

a. involve activities that will address acts of bullying;

b. emphasize formative and corrective measures rather than punishment;


c. conform to principles of child protection and positive and non-violent discipline;

d. help the victim, the bully, and the bystanders understand the bullying incident and its
negative consequences; and

e. provide opportunities to practice pro-social behavior.

All schools shall develop intervention strategies involving all parties, such as bullies,
victims, bystanders, parents, school personnel, service providers and all other persons
who may be affected by the bullying incident.

RULE VI
MECHANISMS AND PROCEDURES IN HANDLING BULLYING INCIDENTS IN
SCHOOLS

Section 8. Duties and Responsibilities

In addition to the duties and responsibilities of education stakeholders enumerated in


Sections 4 to 9 of DepED Order No. 40, s. 2012, the following offices and persons shall
have the following duties and responsibilities:

Section 8.1. Central Office

The DepED Central Office shall:

A. Conduct a nationwide information dissemination and campaign on anti-bullying;

B. Monitor and evaluate reports of Regional Offices on incidents and cases of bullying;

C. Maintain a central repository of reports, through the Office of the Undersecretary for
Legal and Legislative Affairs, on an annual aggregated basis, focusing on the number of
incidents of bullying, results of investigations undertaken to verify the details made in
complaints, and the sanctions imposed;

D. Initiate training programs and activities where best practices on intervention and
prevention strategies are adopted, to ensure quality, relevant, effective and efficient
delivery of prevention and intervention programs in schools; and

E. Submit a comprehensive annual report on bullying to the Committee on Basic


Education of both the Senate and the House of Representatives.

Section 8.2. Regional Offices

The Regional Offices shall:

A. Encourage and support anti-bullying campaigns and capability-building activities on


handling bullying cases;

B. Review all anti-bullying policies adopted by public and private schools forwarded by
Division Offices as required by the Act and submit consolidated reports to the Central
Office through the Office of the Undersecretary for Legal and Legislative Affairs, (Annex
A of DepED Order No. 40, s. 2012);

C. Consolidate reports on incidents and cases of the Division Offices within the Region
and submit a Regional Report to the Office Undersecretary for Legal and Legislative
Affairs;
D. Monitor and evaluate the implementation and enforcement of this IRR; and

E. Impose sanctions and penalties on erring private schools and DepED academic
personnel.

Section 8.3. Division Offices

The Division Offices shall:

A. Conduct information-dissemination and capacity-building activities for teachers,


guidance counselors, and members of the Child Protection Committees on handling
bullying cases;

B. Monitor the adoption of anti-bullying policies in all public and private elementary and
secondary schools within the Division, maintain a repository of such policies, and submit
reports on compliance to the Regional Office;

C. Consolidate the reports on incidents and cases of bullying of all schools in the
Division and submit a Division Report to the Regional Office (Annex A of DepED Order
No. 40, 2012);

D. Assess and evaluate the implementation and enforcement by public and private
schools of this IRR;

E. Review the anti-bullying policies submitted by the schools, to ensure compliance with
this IRR;

F. Resolve appeals in bullying cases in both public and private schools pursuant to the
existing rules and regulations of the Department and DepED Order No. 88, s. 2010, or
the “Revised Manual of Regulations for Private Schools,” respectively;

G. Coordinate with appropriate offices and other agencies or instrumentalities for such
assistance as it may require in the performance of its functions; and

H. Encourage and support activities and anti-bullying campaigns initiated by


stakeholders; and

I. Impose sanctions and penalties on erring non-teaching DepED personnel.

Section 8.4. – Schools

Public and private kindergarten, elementary and secondary schools, through their
administrators, principals and school heads, shall:

A. Adopt and implement a child protection or anti-bullying policy in accordance with this
IRR and submit the same to the Division Office. The anti-bullying policy may be a part of
the school’s child protection policy;

B. Provide students and their parents or guardians a copy of the child protection or anti-
bullying policy adopted by the school. Such policy shall likewise be included in the
school’s student and/or employee handbook and shall be conspicuously posted on the
school walls and website, if there is any;

C. Educate students on the dynamics of bullying, the anti-bullying policies of the school
as well as the mechanisms for the anonymous reporting of acts of bullying or retaliation;
D. Educate parents and guardians about the dynamics of bullying, the child protection
or anti-bullying policy of the school and how parents and guardians can provide support
and reinforce the said policy at home;

E. Devise prevention, intervention, protective and remedial measures to address


bullying;

F. Conduct the capacity building activities for guidance counselors/teachers and the
members of the Child Protection Committees;

G. Ensure effective implementation of the anti-bullying policy and monitor compliance


therewith;

H. Ensure the safety of the victim of bullying, the bully, and the bystander and determine
the students’ needs for protection;

I. Ensure that the rights of the victim, the bully, and the bystander are protected and
upheld during the conduct of the investigation;

J. Accomplish the Intake Sheet prescribed in Annex “B”, whenever there is an incident
of bullying, maintain a record of all proceedings related to bullying, and submit reports
prescribed in “Annex A,” of DepED Order No. 40, s. 2012, to the Division Office;

K. Maintain a public record or statistics of incidents of bullying and retaliation;

L. Coordinate with appropriate offices and other agencies or instrumentalities for


appropriate assistance and intervention, as required by the circumstances.

The school principal or any person who holds a comparable role shall be responsible for
the implementation and oversight of the child protection or anti-bullying policy.

Section 8.5 – Teachers and Other School Personnel

Teachers and other school personnel shall:

A. Participate and cooperate in all prevention, intervention and other measures related
to bullying implemented by the school;

B. Report to school authorities any incident of bullying; and

C. Perform the duties as specified in this IRR.

Section 8.6. – Students

Students shall:

A. Participate and cooperate in all prevention, intervention and other measures related
to bullying implemented by the school;

B. Avoid or refrain from any act of bullying;

C. Intervene to protect the victim, unless it will jeopardize his safety and security; and

D. Report to school authorities any incident of bullying.


Section 9. Child Protection Committee as Anti-Bullying Committee

For the implementation of this IRR, the Child Protection Committee (CPC) established
by DepED Order No. 40, s. 2012, shall also be the committee that will handle bullying
cases in the public or private school.

The Committee, as provided in DepED Order No. 40, s. 2012, shall be composed of the
following:

1. School Head/Administrator – Chairperson

2. Guidance Counselor/Teacher – Vice Chairperson

3. Representative of the Teachers as designated by the Faculty Club

4. Representative of the Parents as designated by the Parents-Teachers Association

5. Representative of students, except in kindergarten, as designated by the Supreme


Student Council; and

6. Representative from the Community as designated by the Punong Barangay,


preferably a member of the Barangay Council for the Protection of Children (BCPC). For
private schools, a representative from the Community provided in the preceding number
shall be optional.

In addition to their duties and responsibilities provided by DepED Order No. 40, s. 2012,
the CPC shall perform the following tasks:

a. Conduct awareness-raising programs with school stakeholders in preventing and


addressing bullying;

b. Ensure that the anti-bullying policy adopted by the school is implemented;

c. Monitor all cases or incidents related to bullying reported or referred by the teacher,
guidance counselor or coordinator or any person designated to handle prevention and
intervention measures mentioned by the preceding sections of this IRR; and

d. Make the necessary referrals to appropriate agencies, offices or persons, as may be


required by the circumstances.

Section 10. Procedures in Handling Bullying Incidents in Schools

A. Jurisdiction.

Complaints of bullying and other acts under this IRR shall be within the exclusive
jurisdiction of the Department or the private school and shall not be brought for
amicable settlement before the Barangay, subject to existing laws, rules and
regulations. Complaints for acts covered by other laws shall be referred to the
appropriate authorities.

B. Procedures.

Consistent with Sections 3 and 4 of the Act, all public and private kindergarten,
elementary and secondary schools shall adopt procedures that include:
a. Immediate Responses

1. The victim or anyone who witnesses or has personal knowledge of a bullying incident
or retaliation shall immediately call the attention of any school personnel.

2. The school personnel who was notified of a bullying incident or retaliation shall
intervene, by:

i. Stopping the bullying or retaliation immediately;

ii. Separating the students involved;

iii. Removing the victim or, in appropriate cases, the bully or offending student, from the
site;

iv. Ensuring the victim’s safety, by:

 Determining and addressing the victim’s immediate safety


needs; and
 Ensuring medical attention, if needed, and securing a
medical certificate, in cases of physical injury.
 Bringing the bully to the Guidance Office or the designated
school personnel.

v. Bringing the bully to the Guidance Office or the designated school personnel.

b. Reporting the Bullying Incident or Retaliation

1. A victim or a bystander, or a school personnel who receives information of a bullying


incident or retaliation, or any person, who witnesses or has personal knowledge of any
incident of bullying or retaliation, shall report the same to the teacher, guidance
coordinator or counselor or any person designated to handle bullying incidents.

2. The bullying incident or retaliation shall be immediately reported to the school head.
The designated school personnel shall fill up the Intake Sheet as provided in DepED
Order No. 40, s. 2012. The school head or the designated school personnel shall inform
the parents or guardian of the victim and the bully about the incident.

3. If an incident of bullying or retaliation involves students from more than one school,
the school that was first informed of the bullying or retaliation shall promptly notify the
appropriate administrator or school head of the other school so that both schools may
take appropriate action.

4. Reports of incidents of bullying or retaliation initiated by persons who prefer


anonymity shall be entertained, and the person who reported the incident shall be
afforded protection from possible retaliation; provided, however, that no disciplinary
administrative action shall be taken against an alleged bully or offending student solely
on the basis of an anonymous report and without any other evidence.

c. Fact-Finding and Documentation

The school administrator, principal or school head, or guidance counselor/teacher, or


school personnel or person designated to handle bullying incidents shall:

1. Separately interview in private the bully or offending student and the victim.
2. Determine the levels of threats and develop intervention strategies. If the bullying
incident or retaliation or the situation the requires immediate attention or intervention, or
the level of threat is high, appropriate action shall be taken by the school within twenty-
four hours (24) from the time of the incident.

3. Inform the victim and the parents or guardian of the steps to be taken to prevent any
further acts of bullying or retaliation; and

4. Make appropriate recommendations to the Child Protection Committee on proper


interventions, referrals and monitoring.

d. Intervention

The CPC shall determine the appropriate intervention programs for the victim, the bully
and bystanders. The School Head shall ensure that these are provided to them.

e. Referral

The school head or the Child Protection Committee may refer the victims and the bully
to trained professionals outside the school, such as social workers, guidance
counselors, psychologists, or child protection specialists, for further assessment and
appropriate intervention measures, as may be necessary. The school head or the
designated school personnel shall notify the Women and Children’s Protection Desk
(WPCD) of the local Philippine National Police, if he believes that appropriate criminal
charges may be pursued against the bully or offending student.

f. Disciplinary Measures

All public and private schools shall include in the school’s child protection or anti-
bullying policy a range of disciplinary administrative actions that may be taken against
the perpetrator of bullying or retaliation.

Bullying incidents or retaliation shall be treated according to their nature, gravity or


severity and attendant circumstances.

1. The school head, considering the nature, gravity or severity, previous incidents of
bullying or retaliation and attendant circumstances, may impose reasonable disciplinary
measures on the bully or offending student that is proportionate to the act committed.

2. Written reprimand, community service, suspension, exclusion or expulsion, in


accordance with existing rules and regulations of the school or of the Department for
public schools, may be imposed, if the circumstances warrant the imposition of such
penalty, provided that the requirements of due process are complied with.

3. In addition to the disciplinary sanction, the bully shall also be required to undergo an
intervention program which shall be administered or supervised by the school’s Child
Protection Committee. The parents of the bully shall be encouraged to join the
intervention program.

g. Due Process

In all cases where a penalty is imposed on the bully or offending student, the following
minimum requirements of due process shall be complied with:

a) The student and the parents or guardians shall be informed of the complaint in
writing;
b) The student shall be given the opportunity to answer the complaint in writing, with the
assistance of the parents or guardian;

c) The decision of the school head shall be in writing, stating the facts and the reasons
for the decision; and

d) The decision of the school head may be appealed to the Division Office, as provided
in existing rules of the Department.

h. Applicability of RA 9344, as amended, and other related laws

If the bullying incident or retaliation resulted in serious physical injuries or death, the
case shall be dealt with in accordance with the provisions of Republic Act 9344 or the
“Juvenile Justice and Welfare Act,” as amended, and its Implementing Rules and
Regulations, in connection with other applicable laws, as may be warranted by the
circumstances attendant to the bullying incident.

i. False Accusation of Bullying

If the student, after an investigation, is found to have knowingly made a false accusation
of bullying, the said student shall be subjected to disciplinary actions or to appropriate
interventions in accordance with the existing rules and regulations of the Department or
the private school.

Section 11. Confidentiality.

Any information relating to the identity and personal circumstances of the bully, victim,
or bystander shall be treated with utmost confidentiality by the Child Protection
Committee and the school personnel, provided, that the names may only be available to
the school head or administrator, teacher or guidance counselor designated by the
school head, and parents or guardians of students who are or have been victims of
bullying or retaliation.

Any school personnel who commits a breach of confidentiality shall be subject to


appropriate administrative disciplinary action in accordance with the existing rules and
regulations of the Department of Education or the private school, without prejudice to
any civil or criminal action.

RULE VII
MISCELLANEOUS PROVISIONS

Section 12. Training and Development

The Department shall include in its training programs courses or activities which shall
provide opportunities for school administrators, teachers and other employees to
develop their knowledge and skills in preventing or responding to incidents of bullying or
retaliation.

Section 13. Reporting Requirement

All private and public kindergarten, elementary and secondary schools shall submit a
copy of their child protection or anti-bullying policy to the Division Office within six (6)
months from the effectivity of this IRR. They shall also submit to the Division Office
within the first week of each school year a report on relevant information and statistics
on bullying and retaliation from the preceding school year.
In addition to the requirements for an application for a permit to operate and/or
recognition as prescribed by the existing rules of the Department, private schools shall
submit a child protection or anti-bullying policy to the Regional Director. The Regional
Director shall review the policy to ensure that it is consistent with the Act and this IRR.

Section 14. Sanctions for Non-compliance

14.1. Public Schools

School personnel of public kindergarten, elementary or secondary schools who fail to


comply with the provisions of the Act or this IRR shall be subject to administrative
disciplinary proceedings in accordance with the Civil Service Rules and the relevant
issuances of the Department of Education.

14.2. Private Schools

School personnel of private kindergarten, elementary or secondary schools who fail to


comply with the requirements of the Act or this IRR shall be subject to appropriate
disciplinary sanctions as may be imposed by the private school. A copy of the decision
in such cases shall be submitted to the Division Office.

Private schools that fail to comply with the requirements of the Act or this IRR shall be
given notice of such failure by the Division Office. The school shall be given thirty (30)
days to comply. An extension of not more than one (1) month may be granted by the
Regional Director in meritorious cases.

The Secretary of the Department of Education, through the Regional Director, may
suspend or revoke, as appropriate, the permit or recognition of a private school that fails
to comply with the requirements under the Act or this IRR.

Section 15. Separability Clause

Any part or provision of this Department Order which may be held invalid or
unconstitutional shall not affect the validity and effectivity of the other provisions.

Section 16. Amendment of DepED Order No 40, s. 2012.

The provisions of DepED Order No 40, s. 2012, on bullying are hereby deemed
amended by this IRR. All other provisions of DepED Order No 40, s. 2012 shall remain
in full force and effect.

Section 16. Repealing Clause

All prior Department Orders or other issuances, or provisions thereof, inconsistent with
this IRR are hereby repealed, revised or modified accordingly.

Section 17. Effectivity

This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or
in a newspaper of general circulation.

This IRR shall be registered with the Office of the National Administrative Register at
the UP Law Center, University of the Philippines, Diliman, Quezon City.

Signed this 13th day of December 2013, Pasig City, Philippines.

(Sgd.) BR. ARMIN A. LUISTRO FSC

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