Republic Act 8049
AN ACT "REGULATING HAZING" AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND ORGANIZATIONS AND PROVIDING PENALTIES THEREFORE. Be it enacted by the Senate and House of Representatives of the Philippines in congress assembles:
SECTION 1.
Hazing as used in this Act is an initiation rite or practice as a prerequisite for admission into membership in a placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, sill, foolish and similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. The term organization shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corps of the Citizen's Military Training, or Citizen's Army Training. The physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police as approved by the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purpose of this Act.
SECTION 2.
Hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.
SECTION 3.
The head of the school or organization or their representatives must assign at lest two (2) representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.
SECTION 4.
If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. The person or persons who participated in the hazing shall suffer:
a. The penalty of reclusion perpetua if death, rape, sodomy or mutilation results there from.
b. The penalty of reclusion temporal in its maximum period if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.
c. The penalty of reclusion temporal in its medium period if in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged.
d. The penalty of reclusion temporal in its minimum period if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated or the performance of the activity or work in performance of the activity or work in which he was habitually engage for a period of more than ninety (90) days.
e. The penalty of prison mayor in its maximum period if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged or work in which he was habitually engaged for more than thirty (30) days.
f. The penalty of prison mayor in its medium period if in consequence of the hazing the victim shall have been ill or incapacitated for the performance of the activity or work in which he was habitually engaged for ten (10) days or more, or that the injury sustained shall require medical attendance for the same period.
g. The penalty of prison mayor in its minimum period if in consequence of the hazing the victim shall have been ill or incapacitated for the performance of the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical attendance for the same period.
h. The penalty of prison correctional in its maximum period if in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance. The responsible official of the school or of the police, military or citizen's army training organization, may impose the appropriate administrative sanctions on the person or persons charge under this provision even before their conviction. The maximum penalty herein provided shall be imposed in any of the following instances:
h.a. When the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join;
h.b. When the recruit, neophyte or applicant initially consents to join but upon learning that hazing will committed on his person, is prevented from quitting;
h.c. When the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence threat or intimidation;
h.d. When the hazing is committed outside of the school or institution; or
h.e. When the victim is below twelve (12) years of age at the time of the hazing. The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. Officers or members of an organization, group, fraternity or sorority who knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat shall be liable as principals. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take any action to prevent the same from occurring shall be liable as principal. The presence of any person during the hazing is prima facie evidence of participation therein as a principal unless he prevented the commission of the acts punishable herein. Any person charge under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. This section shall apply to the president, manager, director or other responsible officer of a corporation engage in hazing as requirement for employment in the manner provided herein.
SECTION 5.
If any provision or part of this Act is declared invalid or unconstitutional, the other parts or provision thereof shall remain valid and effective.
SECTION 6.
All laws, orders, rules or regulations which are inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly.
SECTION 7.
This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation. Approved, June 7, 1995. SALIENT FEATURES OF THE ANTI-HAZING LAW (RA 8049) Definition of Hazing as per RA 8049 Hazing - an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in same embarrassing or humiliating situations such as forcing him to do menial, sill, foolish and similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury (Section 1.) 2. Some Features of Hazing 1. No Hazing or initiation rites in any form or manner by a fraternity and sorority or organization shall be allowed without prior written notice to the school authorities or head of the organization seven (7) days before the conduct of such initiation. * Written notices shall indicate the period of initiation activities which shall not exceed three (3) days * Shall include names of those subjected to such activity * No physical violence shall be employed by anybody during such initiation rites. 1. Head of school or organization or their representative MUST assign at lest two (2) representatives of the school or organization as the case maybe, to the present during the initiation. It is the duty of the representative to see to it that no physical harm of any kind shall be inflected upon a recruit, neophyte or applicant. 2. If a person subjected to hazing or other forms of initiation rite suffer any physical injury or die as a result hereof, the officers and members of the fraternity, sorority or organization who actively participated in the infliction of physical harm shall be liable as PRINCIPALS and shall suffer the following penalties depending upon the degree of circumstances, to with.
a. RECLUSION PERPETUA - On death, rape, sodomy and mutilation.
b. RECLUSION TEMPORAL - (In its maximum period) Š wherein the victim becomes insane, imbecile, impotent or blind.
c. RECLUSION TEMPORAL - (In its maximum period) Š wherein the victim lost of the use of speech, power to hear and smell, lost an eye, hand, foot arm, leg or become incapacitated to.
d. RECLUSION TEMPORAL - (In its maximum period) Š victim becomes deformed, lost any other part of his body or lost the use thereof becomes ill and incapacitated for a period of more than 90 days.
e. PRISON MAYOR - (In its maximum period) Š incapacitated not more than 30 years.
f. PRISON MAYOR - (In its maximum period) Š incapacitated not more than 10 days or its injury shall require medical attention for same period.
g. PRISON MAYOR - (In its maximum period) Š incapacitated from 1-9 days and requir4e medical attendance.
h. PRISON CORRECTIONAL - (In its maximum period) Š if it does not prevent him from working: * Wherein recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuse to join * Wherein the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed is prevented from quitting * Which the recruit, neophyte or applicant having undergone hazing is prevented for reporting the unlawful act to his parents or authorities through force, violence, threat or intimidation * Which hazing is committed outside of school or institution * Victim is below 12 years old.
1. The owner of the place hazing was conducted shall be liable as ACCOMPLICE wherein he has knowledge of the hazing but failed to take action to prevent its commission.
2. Wherein hazing is held in the home of the officers and members of the fraternity and sorority who knowingly cooperated in carrying out the hazing although not present which hazing was committed shall be liable as PRINCIPAL.
3. Officers, former officers and alumni of the organization, fraternity and sorority who actually planned the hazing although not present which hazing was committed shall be liable as PRINCIPAL.
4. Officers and members of the fraternity and sorority who knowingly cooperated in carrying out the hazing by inducing the victim to the present thereat shall be liable as PRINCIPAL.
5. Fraternity and sorority adviser who is present when acts of hazing were committed fails to prevent it shall be liable as PRINCIPAL.
6. Presence of any person during the hazing is a prima facie evidence.
7. Any person charged under this Act shall not be entitled to Mitigating Circumstances there was no intention to commit.
History Of Fraternities and Sororities
Fraternities and sororities date back to the American colonial era. During that period, colleges focused almost exclusively on teaching the classics (Greek and Latin literature) and promoting religious piety, rather than liberal arts (science, history, and literature) or applications of learning such as engineering and agriculture. In response, students created their own outlets to debate the intellectual and political ideas of their time. The early debating societies took on names that reflected classical thinkers or ideas.
What is Fraternity?
Fraternities and Sororities, associations, mainly of college or university students and alumni, established to further the social, academic, professional, or humanitarian interests of members. Fraternities and sororities are often referred to as Greek-letter societies because they are almost always designated by letters of the Greek alphabet.
Fraternities started out in colonial America as literary and debating societies for students. Sororities came into existence later, in the mid-19th century. The word fraternity comes from the Latin word frater, meaning “brother”; the word sorority comes from the Latin word soror, meaning “sister.” There are four types of Greek-letter organizations: social, professional, academic or honorary, and service. Of these, social Greek-letter organizations are the best known and most numerous.
Civil rights
Some colleges and universities allow students to live in fraternity or sorority houses on or near the campus. Fraternities (for male students) and sororities (for female students) are generally part of national associations with long histories and traditions. Most fraternity and sorority houses provide housing for only a portion of their members. Some offer dining services within their facilities.
