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September 02, 2015, Wednesday
  • Hundreds of fishermen join the protest at the Quirino Grandstand vs. supposed restrictive provisions in Amended Fisheries Code. 4 hours ago |
  • Magnitude 6.1 earthquake jolts Sarangani. 4 hours ago |
  • DOTC Sec. Joseph Abaya eyes the awarding of the long-term maintenance contract for MRT 3 within the year. 4 hours ago |
  • Gov’t Procurement Policy Board okays the negotiated mode of procurement for P 2.2B maintenance contract for MRT 3. 4 hours ago |
  • Number of injured in Marikina road accident stands at 14. 4 hours ago |
  • PNP says 10-wheeler trucks like the one that figured in Marikina mishap are not allowed to travel in Barangka. 4 hours ago |
  • Reckless imprudence resulting in homicide & multiple injuries to be filed vs. truck driver involved in Marikina road accident. 4 hours ago |
  • Marikina PNP says cctv shows the 10-wheeler truck involved in Marikina accident was speeding at 60 kph along a curved overpass. 4 hours ago |
  • Marikina PNP identifies the driver of 10-wheeler truck involved in accident in Barangka, Marikina as Fernando Padilla. 4 hours ago |
  • Senators Enrile, Revilla & Fmr. Sen. Edgardo Angara among the respondents in a malversation case linked to PDAF. 4 hours ago |
  • Atty. Levito Baligod asks Ombudsman to probe the alleged misuse of P 500M worth of PDAF by NGOs not related to Napoles. 4 hours ago |
  • Malversation charges filed at Ombudsman vs. 20 incumbent & former lawmakers over alleged questionable use of PDAF. 5 hours ago |
  • Lack of documentary requirements cited as reason why CA did not confirm Comelec Chairman Andy Bautista’s appointment. 9 hours ago |
  • Sen. Juan Ponce Enrile blocks the confirmation of Comelec Chairman Andy Bautista at the Commission on Appointments. 9 hours ago |
  • Jose Maria Abaya surrenders in Camp Caringal, QC after the shooting incident in White Plains that resulted in a woman’s death. 9 hours ago |
  • Inquest proceedings ongoing for Jose Maria Abaya who fired his unlicensed gun at a van in White Plains, QC. 9 hours ago |
  • Victims of road accident in Barangka, Marikina taken to Amang Rodriguez Medical Center & QMMC. 10 hours ago |
  • Driver of 10-wheeler truck that figured in accident along Barangka, Marikina still pinned inside his vehicle as of Wednesday noon. 10 hours ago |
  • PNP Highway Patrol Group (HPG) to begin manning traffic flow at EDSA beginning Monday. 10 hours ago |
  • At least 2 killed as a 10-wheeler truck loses break & rams into 4 other vehicles at overpass going to Barangka in Marikina. 10 hours ago |
  • Some fishermen at Navotas Fish Post preferred to send 'protection' or financial aid to fellow fishermen protesting at Luneta. 12 hours ago |
  • Many fishermen at Navotas Fish Port did not join the 'fish holiday.' 12 hours ago |
  • Maynilad and Manila Water say rotating water supply interruptions may begin next week. 12 hours ago |
  • Maynilad & Manila Water say they will advise customers two days before they implement any 'rotating' water interruption. 12 hours ago |
  • Glitch occurs in new ticketing system that uses 'beep cards' in LRT 2 Santolan Station in Marikina City. 12 hours ago |
  • PNP says it can readily deploy at least 80 Highway Patrol Group members to take charge of traffic flow in EDSA. 12 hours ago |
  • Atty. Levito Baligod to submit to Ombudsman the affidavits of witnesses linking 20 current & past lawmakers to pork barrel scam. 12 hours ago |
  • Murder & illegal possession of firearms filed vs. Jojo Abaya who fired at a van at Katipunan Ave. in QC & killed a female passenger. 12 hours ago |
  • Woman dies as son of a ret. general fires at a van he thought was from a drug rehab center that was fetching him at Katipunan Ave. in QC. 13 hours ago |

The Anti-bullying Law

By Rita Linda V. Jimeno | Sep. 23, 2013 at 12:01am
Rita-Linda-JimenoSchools, their administrators and teachers are the special parents of minor children while they are in school or attending school activities. As special parents, they may be made liable for acts or omissions of students or pupils which cause injury or damage to another. The obligation to look after minor children and ensure their safety while in school was imposed on schools, administrators and teachers by the Family Code of the Philippines which took effect on August 4, 1988.

Thus, parents who no longer have control over the acts of their minor children when their custody is with the school are relieved of responsibility for the acts of their minor children that result in injury or harm to another student or any other person.

The Family Code laid upon the doorstep of schools, administrators and teachers the obligation to shoulder liability for damages caused by minor students while they are in the school’s custody because they become the special parents of minor students. But when a student or pupil is no longer a minor and causes injury to another while in school, who becomes liable for the damage he causes? The law says that if the child is still unemancipated, and living in the parental authority of his parents, then his parents become liable. However, if a student is already an adult and no longer living with his parents he, himself, becomes liable for any injury or harm he may cause to another.

The obligation of schools over their students was expanded even further by the Anti-Bullying Act of 2013 signed into law by President Benigno S. Aquino III on September 12.  This law states that all elementary and high school principals and administrators must craft and adopt policies against bullying and must ensure that they are implemented. The new law mandates all elementary and high schools to immediately respond to and investigate when bullying is reported. Apart from imposing disciplinary sanctions on the perpetrator, they are directed to report the matter to the police if the bullying amounted to a crime such as infliction of physical injuries, grave threats, slander, or others. Then they are obliged to carry out a rehabilitation program for the bully and exert efforts to involve the bully’s parents.

Bullying can come in many forms like taunting a classmate either orally or through text messages or by any other electronic means; employing unwelcome physical acts such as pushing, shoving, punching, headlocks, kicking, tickling and using any object as a weapon to cause harm. Bullying can also be committed by the uttering of slanderous statements or accusations that causes emotional stress. Bullying can also be any other act that causes damage to the psyche or emotional well-being of a person.

In many cases of bullying, especially those that are committed continuously over  time, while the act may not visibly result in the immediate injury of the victim, the perpetrators and the school may still be liable if no action was taken by the school authorities. In many cases the victim normally still goes home yet, when he can no longer take the bullying, he either falls into depression and can no longer function normally, or takes his own life. Hundreds, if not thousands, of victims of bullying have committed suicide.

Bullying is committed within the school ground itself, places rented by the school for an activity, in its vicinity or periphery, inside a school bus or in bus stops or outside the school through electronic means such s text messages or tweets, etc.

When a school fails to do what is mandated by the Anti-bullying Law, the Department of Education may suspend its authority to operate or be subjected to other sanctions.

Bullying may not seem as prevalent in the Philippines as in the United States, the United Kingdom, Japan or other advanced countries where many cases of suicide have been reported due to bullying by their classmates or schoolmates. But the problem does exist and the numbers are growing. The Education Department has reported recently that a majority of cases involving child abuse have turned out to be the direct consequence of bullying in school.

The responsibility of schools, teachers and administrators is immense. Since they exercise special parental authority over children while they are in their custody, they could be held civilly liable for damages caused by their students, in accordance with the Family Code, and may even be suspended from operating their schools under the Anti-bullying Law.


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