Anti Bullying Act of 2013

Someone asked me, "I have a friend who...

wants to know if a teacher tearing up the test paper of her failing students is considered bullying under R.A. 10627?

My answer is No. The law talks of bullying by student against a fellow student, not teacher over her student.

The law defines Bullying under Sec. 2 of R.A. 10627, http://www.gov.ph/2013/09/12/republic-act-no-10627/, as follows:

- 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 the other 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:

a. 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;

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

c. 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; and

d. Cyber-bullying or any bullying done through the use of technology or any electronic means

The law further requires the school to take appropriate disciplinary action and to notify the parents/guardian of both the perpetrator and the victim.  All elementary and secondary schools shall provide students and their parents or guardians a copy of the anti-bullying policies adopted by the school. Such policies 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.