By Atty. Joseph Noel M. Estrada
A recent video depicting school-related violence at Bagong Silangan High School in Quezon City has circulated on social media, indicating an incident of bullying. Despite the enactment of Republic Act 10627, also known as the Anti-Bullying Act of 2013, cases of bullying in basic education continue to rise. This situation underscores the urgent need to address deficiencies in the implementation of the government’s anti-bullying policy as outlined by the law. The Implementing Rules and Regulations of Republic Act 10627 are detailed in Department Order No. 55 series of 2013 issued by the Department of Education.
These are my humble proposals in changing the anti-bullying policy under D.O. 55:
First, decentralize anti-bullying policies. Discipline strategies must be strengthened at the level of the school by empowering the teachers and school administrators to address bullying through customized policies on prevention, intervention and discipline measures at the school level. Thus, the provision in D.O. 55 which mandates all schools, public and private, to submit to their DepEd Division and Regional Offices their anti-bullying policies for review and approval must be amended.
Private schools should have considerable flexibility in developing their anti-bullying policies and should not be held to the same standards as public schools. Public schools, as government agencies, are required to adopt highly protective measures regarding civil rights and liberties, including special protections for children. As state actors, public school systems share in exercising the state’s police power, which includes promoting the general welfare of the population through education. Conversely, while private education is also subject to public interest and state supervision and regulation, its policies are not only based on existing laws but also grounded in contractual relationships with parents and on the school’s vision and mission, particularly those of faith-based institutions. By their respective nature, public schools place a high priority on child protection, while private schools emphasize character development and discipline. With this recognition, private schools should be permitted to develop and implement their own anti-bullying policies as part of their disciplinary procedures with efficiency and without undue restrictions and pressure under D.O. 55.
In the same vein, private schools’ resolutions on bullying cases cannot be subject to administrative review on appeal by the Department of Education as expressly provided in D.O. 55. This has resulted to many parents of students appealing disciplinary actions of private schools to the Department of Education. Currently with more than 9,000 private K-12 schools all over the country, aside from the impossibility of DepEd investigating every bullying case appealed, such approach puts a lot of strain on government resources. The provision in D.O. 55 on appeal also lacks the legal the basis as the Department of Education does not have the power to adjudicate or overturn decisions of private school administrators on disciplinary cases. This power of review of contractual rights of students and schools and the settlement of actual controversies arising therefrom belong to courts of law. Even then, courts have consistently recognized academic judgment of schools on fitness of students and will only interfere when such judgment is attended by marked arbitrariness and blatant disregard of due process.
Second, the provision on “exclusive jurisdiction” must be removed. While DepEd has the primary role in bullying cases, the same cannot be in exclusion of other authorities. D.O. 55 granting the DepEd itself exclusive jurisdiction on bullying cases simply lacks legal backing. Inasmuch as bullying could spill outside of the campus, the responsibility to address it cannot be exclusive to DepEd but shared to the barangay and even the police authorities for necessary assistance within their jurisdiction. In fact, Secretary Angara sought the assistance of the Quezon City Police District on the bullying reported at Bagong Silangan High School highlighting the need for handling it with expertise and sensitivity as it involved minors.
Finally, emphasize the role of discipline in DepEd’s anti-bullying policy. The importance of student discipline strategies in schools cannot be overstated. As explained by the Supreme Court in Angeles vs. Sison, a school has a dual responsibility to its students. One is to provide opportunities for learning and the other is to help them grow and develop into mature, responsible, effective and worthy citizens of the community. Discipline is one of the means to carry out the second responsibility. To enhance discipline in schools and prevent bullying, the anti-bullying policy should be distinct from the child protection policy. While both aim to protect children, child protection addresses abuse and violence from adults towards minors, while child discipline deals with misconduct and violence among children. The result of mixing the child protection policy and the anti-bullying policy has led to unnecessary complaints and pressure against teachers and schools enforcing child discipline. It must be noted that teachers, in fulfilling their duty of maintaining student discipline, are also safeguarded by various laws. Thus, this protection should be explicitly acknowledged in the Department of Education regulations to prevent the misuse of child protection laws by parents of students who violate school rules. Without this balance between child protection and student discipline, schools may further struggle to address incidents of child-on-child violence effectively, thereby diminishing the role of teachers and schools in the formation of students.
While both aim to protect children, child protection addresses abuse and violence from adults towards minors, while child discipline deals with misconduct and violence among children. The result of mixing the child protection policy and the anti-bullying policy has led to unnecessary complaints and pressure against teachers and schools enforcing child discipline.
