Republic of the Philippines

City of Baguio
SANGGUNIANG PANLUNGSOD
(CITY COUNCIL)
REGULAR SESSION HELD ON 05 JUNE 2017
PRESENT:
Hon. Edison R. Bilog, City Vice-Mayor and Presiding Officer;
Hon. Leandro B. Yangot Jr., Member;
Hon. Edgar M. Avila, Member;
Hon. Joel A. Alangsab, Member
Hon. Faustino A. Olowan, Member;
Hon. Elmer O. Datuin, Member;
Hon. Elaine D. Sembrano, Member;
Hon. Peter C. Fianza, Member;
Hon. Lilia A. Fariñas, Member;
Hon. Arthur L. Allad-iw, Member;
Hon. Benny O. Bomogao, Member; and
Hon. Michael L. Lawana, Ex-Officio Member.
ABSENT:
Hon. Roberto C. Ortega, Member (on vacation leave); and
Hon. Maria Mylen Victoria G. Yaranon, Member (on vacation leave).
VACANT:
Ex-Officio Member (President, Pederasyon ng mga Sangguniang Kabataan,
City Chapter).
Authored by Hon. Edison R. Bilog and based on
the report and recommendation of the Committee on
Laws, Human Rights, and Justice.

ORDINANCE Numbered 59
(Series of 2017)
PREVENTING ACTS OF BULLYING COMMITTED
AMONG STUDENTS IN BAGUIO CITY.

Explanatory Note

Section 1, Article XIV of the 1987 Philippine Constitution provides,

“The State shall protect and promote the right of all citizens to quality education at all
levels of education and shall take appropriate step to make such education accessible to all.”
To complement this constitutional provision, additional powers of the State over
educational institutions are vested by the Constitution. Specifically, Section 4 (1) of Article XIV,
states:
“The State recognizes the complementary role of public and private institutions in the
educational system and shall exercise reasonable supervision and regulation over all educational
institutions.”
With the enactment of the Local Government Code of 1991, such power was delegated to
the local governments under the general welfare clause of said code.

On the other hand, incidents of bullying have been very rampant recently. On many
occasions, bully-students have been harassing, vexing and even killing other students. These
incidents have become alarming as it compromises the emotional, social, and psychological
growth of students. Also, it hinders the exercise of the students of their rights to quality education
and healthy educational environment. Lastly, it affects the peace and order situation in the City.

NOW, THEREFORE, on motion of Hon. Olowan, Hon. Avila, and Hon. Bomogao,
seconded by Hon. Lawana, Hon. Sembrano, Hon. Alangsab, Hon. Yangot, Hon. Allad-iw,
Hon. Fariñas, and Hon. Datuin,

BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD (CITY COUNCIL) IN

SESSION ASSEMBLED THAT:

SECTION 1. This ordinance shall be known as the “ANTI-BULLYING ORDINANCE OF

BAGUIO CITY.”
Ordinance Numbered 59, series of 2017, page 2.

SECTION 2. DEFINITION OF TERMS:

The following words shall be defined as follows:

a. ACTS OF BULLYING.
This term includes physical acts or gestures, and/or written, verbal or electronic
expression that may cause physical harm, mental abuse, emotional distress, psychological
fears of being harmed personally or indirectly through family and property, humiliation,
intimidation or harassment.
These acts could fall either as physical, psychological, emotional, sexual and
cyber bullying.

b. CYBER-BULLYING
This refers to any acts of bullying which results in harassment, intimidation or
humiliation through electronic means or other technology, such as, but not limited to
texting, email, instant messaging, chatting, internet, social networking websites or other
platforms or formats. (DEP-ED Order No. 40, series of 2012.)

b. EMOTIONAL BULLYING
This is manifested through repeated name calling, ignoring a student
intentionally, students whispering amongst themselves in front of another student,
keeping secrets away from a “friend,” eye-rolling, embarrassing another student based on
religion, physical appearance and financial status and silent but hurtful body motions like
pointing, signing dirty fingers or face-making. It also includes shouting slanderous
statements, directing foul language and profanity and harassing and provoking victims.

c. GUARDIANS
The term refers to legal guardians, foster parents, and other persons, including
relatives or even non-relatives, who have physical custody of the child. (DEP-ED Order
No. 40, series of 2012.)

d. PARENTS
The term refers to biological parents, step-parents, adoptive parents and the
common-law spouse or partner of the parent. (DEP-ED Order No. 40, series of 2012.)

e. PHYSICAL BULLYING
This refers to punching, pushing, showing, kicking, slapping, tinkering,
headlocks, school pranks, teasing, fighting and using available weapons, and all other
unwanted, sudden physical contact between a bully and a victim leaving the latter
defenseless.

f. PSYCHOLOGICAL BULLYING
This refers to any acts of causing psychological or emotional damage to any
pupil or student or learner because of spreading malicious and nasty rumors about them.
It includes the experience of being excluded from a group or “ganged-up” on.

g. SCHOOL PERSONNEL
The term refers to the persons, singly or collectively, working in a public or
private school. They are classified as follows:

a. ACADEMIC or TEACHING PERSONNEL includes all school personnel

who are formally engaged in actual teaching service and in research
assignments, either on a full-time or part-time bases, as well as those who
possess certain prescribed academic functions directly supportive of
 teaching, such as registrars, librarians, guidance counselors, researchers,
and other

Ordinance Numbered 59, series of 2017, page 3.

similar persons. They may include school officials who are responsible for
academic matters, and other school officials.

b. ADMINISTRATIVE PERSONNEL includes all other school personnel who

do not fall as academic or teaching personnel. (DEP-ED Order No. 40, series
of 2012.)

h. SEXUAL BULLYING
This refers to physically touching the private parts like legs, breasts, buttocks, or
genitals of the student.

i. STUDENT, PUPIL OR LEARNER

A child who is enrolled in any educational institution in the City of Baguio and is
regularly attending classes in any level of the basic education system under the
supervision and tutelage of a teacher or facilitator. (DEP-ED Order No. 40, series of
2012.)

SECTION 3. REGULATORY MEASURES.

a. It shall be prohibited for any student or pupil or learner to commit any acts of
bullying against another pupil or learner or student.

b. The school, college or university likewise is mandated to prevent any acts of

bullying inside their school, college or university premises and during school-
sanctioned activities. The school, college or university is mandated to act
immediately on the complaints of bullying committed by their students and
within their premises.

c. On the other hand, parents or guardians of the pupils or students are also
mandated to prevent any acts of bullying inside and outside their school
premises. The parent or guardian is mandated to appear before the Child
Protection Committee or Anti-Bullying Committee or before the appropriate law
enforcement agency when called upon during their investigation.

d. School personnel whether teaching or administrative, parents and/or guardians

are hereby prohibited from instigating, initiating or bringing about acts of
bullying among students. They are likewise prohibited from omitting to report
any acts of bullying.

e. It shall be prohibited for any person to fabricate any allegations of bullying inside
and outside any school, college or university premises.

SECTION 4. CHILD-PROTECTION COMMITTEE and ANTI-BULLYING

COMMITTEE.

Every school, college or university in the City of Baguio is mandated to create a

committee – CHILD-PROTECTION COMMITTEE for schools and ANTI-BULLYING
COMMITTEE for universities and colleges – that will come up with policies that will address the
issues of bullying.

It shall be composed of principal or university president, representative of parents,

guidance counselor or its equivalent, student or pupil or learner council president and
representative of the teaching or academic staff, and representative from the community as
designated by the Barangay Council for the Protection of Children.
 Within six months after the establishment of the Anti-Bullying Committee, the
Committee is mandated to formulate and draft policies on the Anti-Bullying. The policies must
include and/or deal with the following provisions:

Ordinance Numbered 59, series of 2017, page 4.

a. Forbid acts of bullying within the campus, in property adjacent to it, during school
activities regardless of location, in school buses and other vehicles owned, leased or
used by the school, and through the use of electric devices owned, leased or used by
the school and forbid acts of bullying that may not directly involve these but create a
hostile environment for victims at school, infringe on their rights at school, or
materially or substantially disrupt the education process or the orderly operation of
the school.
b. Prohibit the retaliation against a person who witnesses and/or reports an act of
bullying.
c. Establish clear procedures on how to report an act of bullying.
d. Show how to report in anonymity, provided that no disciplinary administrative action
may be taken against a student on the sole basis of an anonymous report.
e. Set procedures that would promptly respond to and investigate reports of bullying or
retaliation.
f. Identify the range of disciplinary administrative actions that may be taken against a
perpetrator that are commensurate with the nature and gravity of the offense.
g. Establish procedures and strategies on how to restore sense of security for victims
and those who have reported or witnessed an act of bullying and assess their needs
for protection.
h. Define procedures on notifying parents and guardians of both the victim and
perpetrators to ensure that acts of bullying would no longer continue and indorse to
the proper law enforcement agencies in case criminal charges are pursued.
i. Include a provision that students who make false accusations of acts of bullying are
subject to disciplinary administrative actions.
j. Establish a strategy on providing necessary counselling for perpetrators, victims and
their parents or guardians.
k. Educate parents and guardians about acts of bullying including cyber bullying, the
policies regarding them, how they can help and support such policies at home.
After the enactment of these policies, the school, university or college is mandated to
provide copies of their anti-bullying policies to students and their parents and/or guardians,
include them in their student handbook and conspicuously posted on walls and websites.

SECTION 5. CRIMINAL AND ADMINISTRATIVE PROSECUTION.

The school, college or university including its personnel, students, parents or any
interested person are mandated to immediately report to the school administrator or school officer
any instance of bullying witnessed. The responsible school, college or university shall
immediately investigate and implement the necessary actions. During the school investigation,
parents or guardians are mandated to appear before the Committee. If probable cause is found,
they should:

a. Endorse the case to the law enforcement agencies if they believe that criminal
charges may be pursued against a school personnel and/or parent or ward for
instigating, initiating or bringing about acts of bullying among students or for
willfully failing to report, obstructing or impeding to report acts of bullying;
b. Notify the parents or guardians of the perpetrator and the victim. Parents or
guardians are mandated to personally appear before the law enforcement agency if
required by the agency; and
 c. Notify the parents or guardians of the perpetrator and the victim. If the act involves a
student from another school, it is necessary that administrators from the other school
be notified, too, so that proper action may be taken by both parties.
HOWEVER, this need not be followed when the perpetrator is the school, college or
university.

Ordinance Numbered 59, series of 2017, page 5.

SECTION 6. PENALTY CLAUSE.

Any person who violates provisions of this Ordinance is penalized as follows:

For students who are not criminally exempted from liability and who committed acts of
bullying against another student, a penalty of three (3) to six (6) months imprisonment and a fine
of FIVE THOUSAND PESOS (₱5,000.00) upon the determination of the court shall be imposed
upon them.
For school, university or college, a penalty of one (1) month imprisonment and a fine of
FIVE THOUSAND PESOS (₱5,000.00) shall be imposed upon the school president, school
administrator and members of the board if the school, college or university grossly neglect and
willfully failed to act on any complaints of bullying committed by their student or pupil or learner
and on acts of bullying committed inside their school premises.
The penalty of one (1)-month imprisonment and a fine of FIVE THOUSAND PESOS
(₱5,000.00) shall be imposed upon school personnel whether teaching or administrative, parents
and/or guardians and students not criminally exempted if they are found guilty of instigating,
initiating or bringing about acts of bullying among students.
The penalty of three (3)-month imprisonment and a fine of FIVE THOUSAND PESOS
(₱5,000.00) shall be imposed upon school personnel whether teaching or administrative, parents
and/or guardians, and students not criminally exempted if they willfully and feloniously omit to
report any acts of bullying witnessed.
The penalty of six (6)-month imprisonment and a fine of FIVE THOUSAND PESOS
(₱5,000.00) shall be imposed upon any person who fabricates allegations of acts of bullying.

SECTION 7. REPEALING CLAUSE. All ordinances, or parts thereof, which are

inconsistent with the provisions of this Ordinance are hereby modified, amended or repealed
accordingly.

SECTION 8. SEPARABILITY CLAUSE. If, for any reason or reasons, any part or
provision of this Ordinance shall be declared unconstitutional or invalid, the other parts or
provisions thereof which are not affected thereby shall continue to be in full force and effect.

SECTION 9. EFFECTIVITY CLAUSE. This Ordinance shall take effect in accordance

with the provisions of the Local Government Code of 1991, as amended.

Passed.

Hon. Fianza was out of the Session Hall during deliberation and voting.

CERTIFIED CORRECT:

EDISON R. BILOG
City Vice-Mayor and
Presiding Officer

Attested:
BRENNER L. BENGWAYAN
Secretary to the Sanggunian

APPROVED:

MAURICIO G. DOMOGAN
City Mayor