What is hazing?
Hazing is as 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 some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.
What does the term organization include?
The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and 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 are not considered as hazing for the purposes of Anti-Hazing Law.
What are the hazing requirements?
The
written notice shall indicate:
1. the
period of the initiation activities which shall not exceed three (3) days;
2. the
names of those to be subjected to such activities; and,
3. it must contain an
undertaking that no physical violence be employed.
2. TWO REPRESENTATIVES. The head of the school or organization or their representatives must assign at least 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 3)
1. 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.
2. 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.
3. 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.
4. A fraternity or sorority's adviser
who is present when the acts constituting the hazing were committed and failed
to take action to prevent the same from occurring shall be liable as principal
5. The presence of any person during
the hazing is prima facie evidence of participation therein as
principal unless he prevented the commission of the acts punishable herein.
Who shall be liable as ACCOMPLICES?
1. 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.
2. 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.
A frat member alleged that it was not his intention to kill the recruit therefore he is entitled to a mitigating circumstance. Is his contention correct?
No. Any person charged under the anti-hazing law is not entitled to the mitigating circumstances of “there was no intention to commit so grave a wrong”.
No. Any person charged under the anti-hazing law is not entitled to the mitigating circumstances of “there was no intention to commit so grave a wrong”.
What is the penalty for violation of Anti-Hazing Law?
The person or persons who participated in the hazing shall suffer:
1) The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results there from.
2) The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.
3) The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 years and 4 months) 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.
4) The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 months) 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 for the performance on the activity or work in which he was habitually engaged for more than 90 days.
5) The penalty of prison mayor in its maximum period (10 years and one day to 12 years) 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 for more than 30 days.
6) The penalty of prison mayor in its medium period (8 years and one day to 10 years) 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 for 10 days or more, or that the injury sustained shall require medical assistance for the same period.
7) The penalty of prison mayor in its minimum period (6 years and one day to 8 years) 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 from 1 to 9 days, or that the injury sustained shall require medical assistance for the same period.
8) The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 years) 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.
When will the maximum penalty be imposed for violations of the anti-hazing law?
The maximum penalty shall be imposed in any of the following instances:
The maximum penalty shall be imposed in any of the following instances:
1.
When the recruitment is accompanied by force, violence, threat, intimidation or
deceit on the person of the recruit who refuses to join;
2.
When the recruit, neophyte or applicant initially consents to join but upon
learning that hazing will be committed on his person, is prevented from
quitting;
3.
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;
4.
When the hazing is committed outside of the school or institution;
or
5.
When the victim is below 12 years of age at the time of the hazing.
Could heads of institutions impose administrative sanctions to offenders of this law?
The responsible officials of the school or of the police, military or citizen's army training organization, may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction.
● The law states that it applies to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner above mentioned.
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