IRR of Republic Act No. 10627 Anti-Bullying Act

Legal basis and amendment of DepEd rules

Section 7 of Republic Act No. 10627 authorizes issuance of the implementing rules.
DepEd Order No. 40, s. 2012 on the DepEd Child Protection Policy on bullying is deemed amended by this IRR.
All other provisions of DepEd Order No. 40, s. 2012 remain in full force and effect except those on bullying that are amended.
All prior Department Orders or other issuances, or provisions thereof, inconsistent with this IRR are repealed, revised or modified accordingly.

Coverage and defined key terms

The IRR covers all public and private kindergarten, elementary and secondary schools and learning centers.
“Act” refers to Republic Act No. 10627, otherwise known as the Anti-Bullying Act of 2013.
“Bullying” is 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 property;
- creating a hostile environment at school;
- infringing on the rights of another student at school; or
- materially and substantially disrupting the education process or the orderly operation of a school.
“Bullying” includes (among others) unwanted physical contact; acts causing damage to a victim’s psyche and/or emotional well-being; slanderous statements or accusations causing undue emotional distress; and conduct that includes the use of technology or electronic means.
“Cyber-bullying” is bullying done through the use of technology or any electronic means, including harassment, intimidation, or humiliation through texting, email, instant messaging, chatting, internet, social media, online games, or other platforms or formats as defined in DepEd Order No. 40, s. 2012.

Anti-bullying policies required in schools

All public and private kindergarten, elementary and secondary schools must adopt policies to address bullying in their respective institutions.
School anti-bullying policies must be regularly updated.
School anti-bullying policies must include, at a minimum, provisions on:
- prohibited acts;
- prevention and intervention programs; and
- mechanisms and procedures.
The school’s anti-bullying policy may be part of the school’s child protection policy.

Prohibited acts under school policy

School policies must prohibit bullying in specified contexts, including:
- on school grounds;
- on property immediately adjacent to school grounds;
- during school-sponsored or school-related activities, functions or programs, whether on or off school grounds;
- at school bus stops;
- on school buses or other vehicles owned, leased or used by a school;
- on school buses or school services privately-owned but accredited by the school.
School policies must also prohibit bullying through technology or electronic devices or media owned, leased or used by a school.
School policies must also prohibit bullying through technology or electronic devices or media not owned, leased or used by a school, when the incident occurs at a location, activity, function or program that is not school-related.
School policies must prohibit retaliation against a person who reports bullying, provides information during an investigation, or is a witness or has reliable information about bullying.

Prevention and intervention programs

All public and private schools must adopt bullying prevention programs.
Prevention programs must apply to all students regardless of level of risk or vulnerability.
Prevention programs must be comprehensive, multi-faceted, and must involve all education stakeholders and personnel.
Prevention programs must include school-wide initiatives, classroom-level initiatives, parent involvement activities, and monitoring of vulnerable students as part of early intervention.
Intervention programs must be established to promote the continuity of comprehensive anti-bullying policies.
Intervention is a series of activities designed to address:
- issues that influence a student to commit bullying;
- factors that make a student a target of bullying; and
- effects of bullying.
Interventions may include counseling, life skills training, education, and other activities that enhance the psychological, emotional and psycho-social well-being of both the victim and the bully.
Intervention programs must emphasize formative and corrective measures rather than punishment, conform to child protection and positive and non-violent discipline, help parties understand the incident and its negative consequences, and provide opportunities to practice pro-social behavior.

Institutional duties and committee structure

In addition to duties listed in Sections 4 to 9 of DepEd Order No. 40, s. 2012, the IRR assigns further responsibilities.

Central Office duties

The Department’s Central Office must conduct a nationwide information dissemination and campaign on anti-bullying.
It must monitor and evaluate reports of Regional Offices on bullying incidents and cases.
It must 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, results of investigations, and sanctions imposed.
It must initiate training programs using best practices on intervention and prevention strategies.
It must submit a comprehensive annual report on bullying to the Committee on Basic Education of both the Senate and the House of Representatives.

Regional Office duties

Regional Offices must encourage and support anti-bullying campaigns and capability-building activities on handling bullying cases.
They must review anti-bullying policies forwarded by Division Offices 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).
They must consolidate reports of Division Offices and submit a Regional Report to the Undersecretary for Legal and Legislative Affairs.
They must monitor and evaluate implementation and enforcement of the IRR.
They must impose sanctions and penalties on erring private schools and DepEd academic personnel.

Division Office duties

Division Offices must conduct information-dissemination and capacity-building activities for teachers, guidance counselors, and Child Protection Committees on handling bullying cases.
They must monitor adoption of anti-bullying policies, maintain a repository, and submit compliance reports to the Regional Office.
They must consolidate incident reports and submit a Division Report to the Regional Office (Annex A of DepEd Order No. 40, 2012).
They must assess and evaluate implementation and enforcement by public and private schools.
They must review submitted school policies to ensure compliance with the IRR.
They must resolve appeals in bullying cases in public and private schools pursuant to existing DepEd rules and DepEd Order No. 88, s. 2010 for private schools.
They must coordinate with appropriate offices and agencies for assistance as needed.
They must encourage anti-bullying campaigns initiated by stakeholders.
They must impose sanctions and penalties on erring non-teaching DepEd personnel.

School duties

Schools must adopt and implement a child protection or anti-bullying policy in accordance with the IRR and submit it to the Division Office.
Schools must provide students and parents or guardians a copy of the adopted policy, include it in student and/or employee handbook, and conspicuously post it on school walls and website, if any.
Schools must educate students on bullying dynamics, the school anti-bullying policies, and anonymous reporting mechanisms.
Schools must educate parents and guardians on bullying dynamics, the school policy, and how parents can reinforce the policy at home.
Schools must devise prevention, intervention, protective and remedial measures to address bullying.
Schools must conduct capacity building for guidance counselors/teachers and Child Protection Committee members.
Schools must ensure effective implementation of the policy and monitor compliance.
Schools must ensure safety of the victim, bully, and bystander and determine students’ protection needs.
Schools must ensure protection and observance of rights of the victim, bully, and bystander during investigation.
Schools must accomplish the Intake Sheet prescribed in Annex “Ba” for every bullying incident, maintain a record of proceedings, and submit reports prescribed in Annex “A” of DepEd Order No. 40, s. 2012 to the Division Office.
Schools must maintain a public record or statistics of incidents of bullying and retaliation.
Schools must coordinate with appropriate offices and agencies for assistance and intervention as required.

Teachers, other personnel, and students

Teachers and other school personnel must participate and cooperate in prevention and intervention measures, report bullying incidents to school authorities, and perform duties specified in the IRR.
Students must participate and cooperate in prevention and intervention measures, avoid or refrain from bullying, intervene to protect the victim unless doing so would jeopardize the victim’s safety and security, and report bullying incidents to school authorities.

Child Protection Committee as anti-bullying committee

In implementing the IRR, the Child Protection Committee (CPC) established by DepEd Order No. 40, s. 2012 also handles bullying cases in public or private schools.
The CPC must include:
- School Head/Administrator as Chairperson;
- Guidance Counselor/Teacher as Vice Chairperson;
- Representative of Teachers designated by the Faculty Club;
- Representative of Parents designated by the Parents-Teachers Association;
- Representative of students (except in kindergarten) designated by the Supreme Student Council; and
- Representative from the Community designated by the Punong Barangay, preferably a member of the Barangay Council for the Protection of Children (BCPC); for private schools, a Community representative is optional.
The CPC must conduct awareness-raising programs, ensure the school’s policy is implemented, monitor bullying cases and incidents reported or referred by designated persons, and make necessary referrals to appropriate agencies, offices or persons.

Bullying incident handling procedures

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

Immediate responses

The victim or any witness or person with personal knowledge must immediately call the attention of any school personnel.
School personnel notified of an incident must:
- stop the bullying or retaliation immediately;
- separate the students involved;
- remove the victim (and, where appropriate, the bully or offending student) from the site; and
- ensure the victim’s safety by addressing immediate safety needs and providing medical attention if needed, securing a medical certificate in cases of physical injury;
- bring the bully to the Guidance Office or designated school personnel.

Reporting and notifications

The victim, a bystander, school personnel who receives information, or any person with personal knowledge must report bullying or retaliation to the teacher, guidance coordinator or counselor, or designated person for bullying incidents.
The bullying incident or retaliation must be immediately reported to the school head.
The designated school personnel must fill up the Intake Sheet as provided in DepEd Order No. 40, s. 2012.
The school head or designated personnel must inform the parents or guardian of the victim and the bully.
If incidents involve students from more than one school, the first school informed must promptly notify the other school’s administrator or school head so both schools can take action.
Anonymous reports must be entertained, and the reporting person must be protected from possible retaliation; no disciplinary or administrative action may be taken against the alleged bully solely on the basis of an anonymous report without other evidence.

Fact-finding and documentation

The school administrator/principal/school head/guidance counselor/teacher/school personnel/person designated must separately interview in private the bully (or offending student) and the victim.
Schools must determine threat levels and develop intervention strategies.
If immediate attention is required, appropriate action must be taken by the school within twenty-four (24) hours from the time of the incident.
The school must inform the victim and the parents or guardian of steps to prevent further bullying or retaliation.
The school must make recommendations to the CPC on interventions, referrals, and monitoring.

Intervention and referral

The CPC must determine appropriate intervention programs for victims, bullies, and bystanders, and the school head must ensure these are provided.
The school head or CPC may refer victims and bullies to trained professionals outside school for further assessment and appropriate intervention measures.
If the school head believes criminal charges may be pursued, it must notify the Women and Children’s Protection Desk (WPCD) of the local Philippine National Police.

Disciplinary measures and due process

Schools must include in the child protection or anti-bullying policy a range of disciplinary administrative actions that may be imposed on perpetrators of bullying or retaliation.
Bullying incidents and retaliation must be treated based on their nature, gravity or severity, and attendant circumstances.
The school head may impose reasonable disciplinary measures proportionate to the act committed, considering nature, gravity or severity, previous incidents, and attendant circumstances.
Written reprimand, community service, suspension, exclusion, or expulsion may be imposed if warranted, provided due process requirements are complied with.
In addition to disciplinary sanctions, the bully must undergo an intervention program administered or supervised by the CPC, and the bully’s parents must be encouraged to join the intervention program.
Due process minimum requirements when a penalty is imposed include:
- informing the student and parents/guardians of the complaint in writing;
- giving the student an opportunity to answer the complaint in writing with assistance of the parents or guardian;
- issuing a written school head decision stating facts and reasons; and
- allowing appeal of the school head decision to the Division Office under existing DepEd rules.

Applicability of juvenile justice law

If bullying or retaliation results in serious physical injuries or death, the case must be dealt with under Republic Act No. 9344 (Juvenile Justice and Welfare Act), as amended, and its implementing rules, in connection with other applicable laws.

False accusation

If a student is found, after investigation, to have knowingly made a false accusation of bullying, the student must face disciplinary actions or appropriate interventions under existing DepEd rules or the private school’s rules.

Confidentiality and training requirements

The CPC and school personnel must treat identity and personal circumstances of the bully, victim, and bystander with utmost confidentiality.
Names may be available only 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.
Breach of confidentiality by school personnel must be subject to administrative disciplinary action under existing DepEd rules or private school rules, without prejudice to any civil or criminal action.
The Department must include in training programs courses or activities that develop skills of school administrators, teachers, and employees in preventing or responding to bullying or retaliation.

Reporting, sanctions, separability, and effectivity

Schools must submit a copy of their child protection or anti-bullying policy to the Division Office within six (6) months from the IRR’s effectivity.
Schools must 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.
Private schools must also submit the child protection or anti-bullying policy to the Regional Director, and the Regional Director must review the policy to ensure consistency with the Act and the IRR.
Failure by school personnel in public schools to comply with the Act or the IRR must be handled through administrative disciplinary proceedings under the Civil Service Rules and relevant DepEd issuances.
Failure by school personnel in private schools to comply must result in appropriate disciplinary sanctions by the private school, and the decision must be submitted to the Division Office.
If a private school fails to comply, the Division Office must give notice of failure.
The private school has thirty (30) days to comply.
The Regional Director may grant an extension of not more than one (1) month in meritorious cases.
The Secretary of Education, through the Regional Director, may suspend or revoke a private school’s permit or recognition as appropriate for failure to comply.
Any part of DepEd Order No. 55, s. 2013 held invalid or unconstitutional does not affect the validity and effectivity of the other provisions.
Provisions on bullying in DepEd Order No. 40, s. 2012 are deemed amended by this IRR; other provisions remain in force.
The IRR takes effect fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation.