ANTI‐HAZING LAW (R.A. 8049) Reviewed by Unknown on 9:47 AM Rating: 5
ANTI‐HAZING LAW (R.A. 8049)
Hazing is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by...
Hazing is 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.
The following are the allowed initiation rites?
1. Those conducted by "organizations" which shall include any club or the AFP, PNP, PMA, or officer and cadet corp of the Citizen's Military Training and CAT. 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 AFP and the PNP as approved by the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, AFP and the Director General of the PNP.
2. Those conducted by any fraternity, sorority or organization with prior written notice to the school authorities or head of organization 7 days before the conduct of such initiation.
The following are liable as PRINCIPAL:
a. The officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm.
b. The parents of one of the officer or member of the fraternity, sorority or organization, when they have actual knowledge of the hazing conducted in their home but failed to take any action to prevent the same from occurring.
c. 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 hazing were committed.
It should be noted that 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 therein.
The following are also liable as ACCOMPLICE:
a. The owner of the place where the hazing is conducted, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.
b. 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.
These are the punishable acts:
1. Hazing or initiation rites in any form or manner by a fraternity, sorority or organization without prior written notice to the school authorities or head of organization 7 days before the conduct of such initiation.
2. Infliction of any physical violence during initiation rites
The maximum penalty will be imposed in any of the following:
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
5. When the victim is below 12 years of age at the time of the hazing.
Worst, Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.
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.
In our contemporary society, hazing has been a nightmare of parents who send their children to college or university. News of deaths and horrible beatings primarily among college students due to hazing injuries continue to haunt us. Horrid images of eggplant-like buttocks and thighs and pounded arms and shoulders ofyoung men are depicted as a fervent warning to those who dare undergo the hazing rites. The meaningless death of these promising students, and the agony, cries and ordeal of their families, resonate through the very core of our beings. But no matter how modem and sophisticated our society becomes, these barbaric acts of initiation of fraternities, sororities and other organizations continue to thrive, even within the elite grounds of the academe. (DUNGO v. PEOPLE, G.R. No. 209464, July 01, 2015)
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer