OBLIQUE OBSERVATIONS
By Atty. Gilberto Lauengco, J.D.
This week, a popular Quezon City councilor, who is also an actor, filed a criminal case against the parents of a minor who allegedly bullied their son repeatedly. According to the councilor, his son was repeatedly bullied by another minor with alleged incidents of inappropriate touching of private parts and even an alleged attempt to hold their son underwater. In one incident, the councilor alleged that he and his wife personally saw his son being bullied in a swimming competition. According to the councilor, he confronted the parents of the minor who allegedly bullied his son but the said parents were dismissive of the incident and allegedly attempted to gaslight them.
Feeling frustrated, the councilor filed a criminal complaint against the parents of the alleged bully. The complaint accused the parents of the alleged bully of violating Section 10 (a) of Republic Act 7610 (Special Protection of Children Against Abuse Exploitation and Discrimination Act). The councilor alleged that the said parents failed to supervise and discipline their son and that they were negligent, as shown by their alleged dismissive attitude toward the incident when confronted.
The complaint has again sparked a debate about bullying and parental responsibility. If the parents of the alleged bully are held criminally liable, it would set a landmark precedent for parental liability in bullying cases. At present, our laws, especially the Family Code, makes parents civilly liable for damages caused by their children under certain circumstances. The case filed by the said councilor, if successful, would open the doors for criminal liability for parents of those minors proven to have committed acts of bullying.
Many argue that there is no basis for criminal liability especially under the Anti-Child Abuse Law. Many say this would be a good test case and a launch pad for future legislation on parental liability.
Some say that this case will, at the very least, be an example of how parents can make their children know that they have their backs. On the other hand, many conservatives feel that this would eventually produce weaker children. Many argue that allowing students to stand their ground and learn to fight back and be allowed to fight back would be a far better policy. Some say a middle ground of punishing alleged bullies more would be a better policy. Of course, if a student has special needs or is physically or mentally unable to defend himself, then I personally would recommend a stricter penalty on bullies who pick on special needs classmates.
There is also the issue of school responsibility in bullying incidents. Although the councilor refrained from including the school where his son studies in his complaint because it happened outside school premises, I personally believe that a school’s students carry the school’s name wherever they go and a school’s anti-bully policy can be enforced anywhere if it so pleases. There is a school in San Juan that has a strict anti-bully policy which penalizes their students for bullying when proven, even if done outside the school premises. This strict policy and their no sacred cow attitude, along with the pro snitching culture they inculcate, has done wonders in curbing bullying. In addition, all parents sign a very clear contract on the bullying policies of the school. Sadly, there are some schools which are allegedly protecting scions of rich and powerful. It must be stressed that the Supreme Court of the Philippines had recently emphasized that schools can be held civilly liable if they fail to curb bullying in their school.
In the end, the issue of bullying is not something that can solved fully on a policy level. It is believed that as always, this will be a case-by-case thing where every incident has to be dissected. It must be noted the parents of the alleged bully have spoken up defending their son. Unfortunately, as many netizens note, the said parents’ statements and attitude do not help their cause. In the age of online scrutiny, perception has become a large part of the game.
