MANILA, Philippines — A neophyte lawmaker has filed a bill in the House of Representatives that will amend the Anti-Bullying Law (Republic Act 10627) by expanding its coverage beyond school premises and giving it more teeth by way of stiffer penal provisions.
House Bill 2886 (Stop Bullying Act of 2022) authored by Rep. Margarita Nograles of party-list Puwersa ng Bayaning Atleta also aims to include violations committed in workplaces and the internet.
“This bill seeks to stop bullying by placing ‘Hammurabi’s Code’ on the law by attaching penalties and huge fines and creating a more peaceful and tranquil environment for our children and human beings in general,” she declared.
As far as the daughter of the late speaker Prospero Nograles is concerned, the current law is “already outdated and has become practically useless because it lacks penal elements that can actually discourage acts of bullying.”
The proposal also seeks to cover all types of bullying across all genders and age groups and not just children.
Under the proposed measure, HB 2886 seeks to impose criminal and civil liability for those who are found to have committed acts of bullying, including adults or those in the age of majority or over 21 years old.
Those who committed the offense at age 15, or above 15 but below 18 years old “who acted without discernment based on assessment,” are exempted from any criminal liability but are required to undergo intervention programs and can still be held for civil liability.
At the same time, those who committed the offense who are above 15 years old but below 18, and who have been found to have “acted with discernment” are “not exempt from any criminal liability.”
Those who are considered Children in Conflict with the Law (CICL) who are found guilty of the offense may have to undergo a center-based or community-based rehabilitation program.
However, if the CICL is not successfully rehabilitated, he/she may be required – through a court order – to serve the remainder of sentence, “upon reaching the age of the majority or over 21 years old.”
As a penal provision, the proposed law seeks to impose a jail term of six years and below, a fine or both. For civil liability, the bill seeks to impose a fine of P50,000 but not more than P100,000 for those who are found guilty of bullying.
The present anti-bullying law only mandates all elementary and secondary schools to adopt policies to prevent and address the acts of bullying in their institutions and administrative sanctions are only imposable against school administrators who fail to comply while private schools may lose their permit to operate.
Under Nograles’ proposal, the following acts shall be considered acts of bullying:
• Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting excessive pranks, teasing, fighting, and the use of available objects as weapons;
• Any act that causes damage to a victim’s psychological and/or emotional well-being;
• 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 the victim’s looks, clothes and body;
• Cyber-bullying is done through any conduct resulting in 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, other platforms or formats;
• Gender-based bullying – any act that humiliates or excludes a person on the basis of perceived or actual sexual orientation and gender identity. Furthermore, any act of retaliation against a person who reports bullying, who provides information during an investigation of bullying or is a witness to or has reliable information about bullying, is likewise prohibited.
• Social bullying – any deliberate, repetitive and aggressive social behavior intended to hurt others or to belittle another individual or group.