When Does Bullying Become a Crime in the Philippines?

A complaint filed by Quezon City Councilor Alfred Vargas and his wife, Yasmine, against the parents of a minor has brought attention to how bullying cases may escalate into possible legal action.

On Monday, the couple filed a criminal complaint against the parents of a minor who allegedly bullied their son during swimming training sessions.

According to their account, the incidents involved repeated physical acts such as pushing and forcing their child underwater, including an incident in February where he was “nearly injured” shortly before a competition. They claimed efforts to resolve the issue privately were unsuccessful and that the behavior continued over time.

“Every time we went to the parents to try to resolve these issues, we were either dismissed or gaslighted,” Vargas stated.

They also alleged that during one incident, the behavior became more inappropriate and was dismissed by the other parent when it was raised:

“Kinadyot niya ’yung anak ko sa malaswang paraan at nung nakita ng misis ko at sinabi sa nanay, tinawanan pa ng nanay at sinabi, ‘He’s just dancing!’” he said.

In the complaint, the couple stressed that the respondents allegedly failed to fulfill their duty under the Family Code to supervise and discipline their child.

The couple also argued that this alleged negligence “enabled acts prejudicial to their child’s welfare, which may constitute child abuse under Section 10(a) of Republic Act No. 7610.”

The statement added that the law penalizes acts that cause psychological or emotional suffering, even in the absence of physical injury, as supported by established jurisprudence.

“Bilang ama, may isang bagay na hindi mo kayang tiisin: ang makita ang anak mo na inaapi. The only regret we have was that we did not do it sooner,” the public servant said.

“Bullying is not normal. It is not harmless. It is not acceptable. Maaari sanang naiwasan ang insidente na ito kung hindi napabayaan ang bata ng magulang. Kaya ngayon, pinili naming lumaban. Hindi para maghiganti kundi para manindigan para sa anak ko at para sa lahat ng batang natatakot magsalita,” he added.

In the country, bullying is most often recommended to be handled within schools, with incidents addressed internally through school policies, reporting systems, and disciplinary procedures.

To better understand when a case moves beyond school discipline, we spoke with Atty. Alex Castro.

“Bullying is an administrative matter if it’s a violation of a school or educational institution’s policies or rules and regulations. On the other hand, bullying generally becomes a criminal act when it is of such nature that it falls under any of the abuses prohibited under Republic Act No. 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act,” Castro explained.

“It is worth noting that administrative liability and criminally liability are not mutually exclusive,” she added.

Republic Act No. 7610 covers a range of acts considered harmful to children. These include physical abuse or any form of violence that causes bodily harm, as well as psychological or emotional abuse that results in fear, distress, or mental suffering. The law also covers cruelty, humiliation, or degrading treatment that damages a child’s dignity and self-worth.

In cases where conduct is repeated or severe, behavior that creates a hostile or abusive environment for a child may also fall under the law when it causes significant emotional or psychological harm.

In cases involving minors, legal responsibility does not always stop with the child. However, Castro clarified that criminal liability remains personal.

“Generally, criminal acts and criminal liability is personal to the perpetrator. Meaning, unless other persons are proven to have aided or participated in the crime, they cannot be held criminally liable for the acts of others. This general rule applies to parents and their children,” she explained.

Still, parents may face civil consequences under Philippine law, particularly the Civil Code and the Family Code of the Philippines.

“Parents may be held vicariously and civilly liable for the negligent or intentional acts of children under their custody that cause damage to others. This is what we call imputed negligence on account of parental authority,” she explained.

She added that this liability is not automatic: “This obligation or liability will not attach if the parents can prove that they exercised all diligence to prevent the damage.”

Responsibility may also extend beyond the home.

“Teachers and other school officials may also be held civilly liable for the negligent or intentional acts of their students or pupils that are committed while under the control and influence of the school and within its premises,” Castro said, citing their special parental authority over students.

This liability, she noted, also depends on due diligence: “This liability will also not attach if the teachers or school officials are able to prove that they exercised all diligence to prevent the damage.”

In addition, schools themselves have legal obligations.

Castro pointed out that under the Anti-Bullying Act, institutions must “create, adopt, and enforce policies to prevent and/or address bullying.” If they fail to do so, school officials may be held administratively liable, and the school may even face penalties affecting its permit to operate.

Bullying does not always begin as a criminal case, but it can escalate depending on the severity of the conduct and its impact on the child.

For parents, the key takeaway is early intervention. Concerns should be taken seriously even at the first signs of repeated harm or distress. Addressing issues early, both at home and within the school system, can help prevent escalation and reduce the risk of long-term emotional and legal consequences for everyone involved.

Worried about bullying? Here’s what parents need to look out for in their kids.