The fraternal contract should not be signed in blood, celebrated with pain, marred by injuries, and perpetrated through suffering. That is the essence of Republic Act (R.A.) No. 8049 or the Anti-Hazing Law of 1995.[1] The first Anti Hazing Law in the Philippine was passed and made into law in 1995. Thereafter, on June 29, 2018, Republic Act No. 11053 or the Anti-Hazing Act of 2018 was signed into law by then President Rodrigo Roa Duterte amending Republic Act No. 8049 further strengthening the fight against hazing and initiation rites.
As defined under R.A. 11053, Hazing refers to any act that results in physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice made as a prerequisite for admission or a requirement for continuing membership in a fraternity, sorority, or organization including, but not limited to paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical and psychological health of such recruit, neophyte, applicant, or member. This shall also include any activity, intentionally made or otherwise, by one person alone or acting with others, that tends to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to do menial, silly, or foolish tasks.
Initiation or Initiation Rites, on the other hand, refer to ceremonies, practices, rituals, or other acts, weather formal or informal, that a person must perform or take part in order to be accepted into fraternity, sorority, organization as a full-fledged member. It includes ceremonies practices, rituals, and other acts in all stages of membership in a fraternity, sorority, or organization.
Section 3 of Anti-Hazing Act of 2018 categorically declared that all forms of hazing shall be prohibited in fraternities, sororities, and organizations in schools, including citizens’ military training and citizens’ army training. This prohibition shall likewise apply to all other fraternities, sororities, and organizations that are not school-based, such as community-based and other similar fraternities, sororities and organizations. Also, it is unlawful and illegal for any business, corporation or enterprise to make hazing as a requirement for employment or job.
Jurisprudence dictates that the elements of hazing are as follow, to wit: (1) That there is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization; (2) That there must be a recruit, neophyte or applicant of the fraternity, sorority or organization; and (3) That the recruit, neophyte or applicant is placed 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.
Under the new law, the following acts are punishable and carries the penalty of imprisonment, to wit:
(A) The penalty of reclusion perpetua and a fine of Three million pesos (P3,000,000.00) shall be imposed upon those who actually planned or participated in the hazing if, as a consequence of the hazing, death, rape, sodomy, or mutilation results therefrom.
(B) The penalty of reclusion perpetua and a fine of Two million pesos (P2,000,000.00) shall be imposed upon: (1) All persons who actually planned or participated in the conduct of the hazing; (2) All officers of the fraternity, sorority, or organization who are actually present during the hazing; (3) The adviser of a fraternity, sorority, or organization who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring or failed to promptly report the same to the law enforcement authorities if such adviser or adviser or advisers can do so without peril to their person or their family; (4) All former officers, non-resident members, or alumni of the fraternity, sorority, or organization who are also present during the hazing; (5) Officers or members of a fraternity, sorority, or organization who knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat; and (6) Members of the fraternity, sorority, or organization who are present during the hazing when they are intoxicated or under the influence of alcohol or illegal drugs;
(c) The penalty of reclusion temporal in its maximum period and a fine of One million pesos (P1,000,000.00) shall be imposed upon all persons who are present in the conduct of the hazing;
(D) The penalty of reclusion temporal and fine of One million pesos (P1,000,000.00) shall be imposed upon former officers, non-resident member, alumni of the fraternity, sorority, or organization who, after the commission of any of the prohibited acts proscribed herein, will perform any act to hide, conceal, or otherwise hamper or obstruct any investigation that will be conducted thereafter. (E) The penalty of prision correcional in its minimum period shall be imposed upon any person who shall intimidate, threaten, force, or employ, or administer any form of vexation against another person for the purpose of recruitment in joining or promoting a particular fraternity, sorority, or organization.
[1] G.R. No. 227951, June 28, 2021