Poe calls for amendment of Anti-Bullying Law

Sen. Grace Poe (File photo from the Philippine Daily Inquirer)

MANILA, Philippines — Sen. Grace Poe on Sunday called for amending the Anti-Bullying Act of 2013 following the bullying incident at the Ateneo de Manila University.

Poe, in a statement, said there is a need “to fill in some gaps as to the role of the schools in dealing with actual cases.”

“Anyone who has seen the video of the violent bullying incident would understand that bullying is a despicable act that insults our humanity,” she said.

While there is an existing Anti-Bullying law, Poe, vice-chairperson of the Senate committee on public order, said “it should be strengthened to require concrete and timely action from schools.”

She said the “the unfortunate incident should serve as a wake-up call for legislators to examine the law and plug the gaps to make it truly responsive to the problem of bullying.”

Under Republic Act 10627 or the Anti-Bullying Act of 2013, signed by then President Benigno Aquino III, all elementary and secondary schools are mandated to adopt policies to prevent and address the acts of bullying in their institutions.

The law defines bullying as “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.”

The current law, Poe said, “gives the school administrators too much discretion on when to act on the bullying case.”

“It leaves it up to them to determine whether appropriate action can be taken,” the senator said.

For instance, Poe cited that under the law’s “Mechanisms to Address Bullying,” it stated that if bullying or retaliation has occurred, the school principal should “notify the law enforcement agency if the school principal or designee believes that criminal charges under the Revised Penal Code may be pursued against the perpetrator.”

The school principal, under the law’s mechanisms, was given the right to “take appropriate disciplinary administrative action, notify the parents or guardians of the perpetrator and notify the parents or guardians of the victim regarding the action taken to prevent any further acts of bullying or retaliation.”

“This is why in the current case, even with the numerous videos that have come out, police are saying that they have to wait for Ateneo to notify them and seek their help,” Poe said.

“And, this is why the school administration is saying that it still has to determine if bullying has taken place,” the senator added.

She said that one possible amendment to the law would require removing the section that gives total discretion to the school.

“For example, anti-bullying committees should be formed, which shall act upon reports of bullying within thirty (30) days after the incident,” she said, adding that a delayed reaction would be detrimental, as it allows the perpetrator to repeat the bullying act.

She said the members of the proposed body or committee that would look into the incident should not be related in any way to the parties involved

She added that the alleged perpetrator must be required to take a leave of absence until the investigation is completed, she said.

The senator said she would soon file a resolution to hear out concerned stakeholders to review and amend the law. /je