When Bullying Hits Home: Can Parents Be Held Liable?

In an age where school bullying is no longer just a “phase” but a serious social and legal concern, parents must realize that they, too, can be held legally liable for the wrongful acts of their children. The Philippine legal system recognizes that minors, due to their age, may not fully understand the consequences of their actions, but this does not mean that the harm they cause goes unpunished. Responsibility may shift to those who are duty bound to raise and guide them, their parents or legal guardians.

Legal Basis

1. Civil Code of the Philippines (Articles 218 and 219)

Under Article 218 of the Family Code, parents and legal guardians are considered “special parental authority” figures and may be civilly liable for damages caused by the minor under their custody.

“Those given the authority and responsibility under Article 208 are civilly liable for the damages caused by the acts or omissions of the unemancipated minor living in their company and under their parental authority.”

This liability is based on the presumption of negligence in supervision and upbringing. To avoid liability, the parent or guardian must prove that they exercised due diligence in preventing the wrongful act.

2.Republic Act No. 10627 (Anti-Bullying Act of 2013)

This law defines bullying and mandates all schools to adopt policies to address acts bullying. While the law is primarily administrative in nature, it has opened the door to a stronger culture of accountability for both schools and parents. Under its implementing rules, parents may be included in intervention programs, and non-cooperation may lead to administrative consequences.

3.Civil Code (Article 2176- Quasi Delict)

If the bullying involves physical injury, defamation, or other actionable harm, the parents may be held liable under Article 2176, which provides that:

“Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done.”

When the wrongdoer is a minor, parents are presumed negligent unless they can show otherwise.

Practical Implication for Parents

If your child is involved in a bullying incident that causes harm to another, be it physical, emotional, or psychological you could face civil liability for damages. This means you could be ordered by the court to pay compensatory damages, moral damages, and possibly even exemplary damages, especially if the act was done with cruelty or intent.

Even if no criminal charge is filed against the minor, as they may be below the age of criminal responsibility. Civil suits can be proceed independently and still hold the parent financial accountable.

Raising children is not just a moral duty, it is a legal responsibility. The law does not tolerate parental neglect, especially when it leads to other’s suffering. As bullying become more visible and online, parents must step up not just as caretakers, but as accountable guardians of behavior. After all, when a child bullies another, it is society and often the law that turns to the parent for answer.