REPUBLIC ACT
No. 8049
“AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR.”
No. 8049
“AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR.”
Hazing
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- as used in this Act, 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. (Section 1)
*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.
*By subjecting him to physical or psychological suffering or injury.
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 and Citizen's Army Training. (Section 1)
- 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 purposes of this Act. (Section 1)1)
RULES
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1. No 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.
2. The written notice shall –
- indicate the period of the initiation activities which shall not exceed three (3) days;
- include the names of those to be subjected to such activities; and
- contain an undertaking that no physical violence be employed by anybody during such initiation rites. (Section 2)
3. The head of the school or organization or their representatives must assign at least 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 3)
PRINCIPALS
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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.
- 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 and Citizen's Army Training. (Section 1)
- 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 purposes of this Act. (Section 1)1)
RULES
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1. No 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.
2. The written notice shall –
- indicate the period of the initiation activities which shall not exceed three (3) days;
- include the names of those to be subjected to such activities; and
- contain an undertaking that no physical violence be employed by anybody during such initiation rites. (Section 2)
3. The head of the school or organization or their representatives must assign at least 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 3)
PRINCIPALS
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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.
PENALTIES
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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 a period of more than ninety (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 a period of more than thirty (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 a period of ten (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 one (1) to nine (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.
ADMINISTRATIVE SANCTIONS
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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.
WHEN MAXIMUM PENALTY IS IMPOSED
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The maximum penalty herein provided shall be imposed in any of the following instances:
(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join;
(b) 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;
(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;
(d) when the hazing is committed outside of the school or institution; or
(e) when the victim is below twelve (12) years of age at the time of the hazing.
OWNER OF PLACE AS ACCOMPLICE
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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.
PARENTS AS ACCOMPLICE
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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.
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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.
SCHOOL AUTHORITIES AS ACCOMPLICES
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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.
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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.
OTHER PERSONS LIABLE
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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.
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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.
ADVISER AS PRINCIPAL
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A fraternity or sorority's adviser:
ü who is present when the acts constituting the hazing were committed
ü and failed to take action to prevent the same from occurring
shall be liable as principal.
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A fraternity or sorority's adviser:
ü who is present when the acts constituting the hazing were committed
ü and failed to take action to prevent the same from occurring
shall be liable as principal.
PRESENCE AS PRIMA FACIE EVIDENCE
Prima Facie Evidence
- A fact presumed to be true unless disproved by some evidence to the contrary. 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.
MITIGATING CIRCUMSTANCE NOT APPRECIATED
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.
HAZING IN EMPLOYMENT
This section [Section 4] shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein.
SENATE BILL No. 1210
An Act Penalizing the Failure to Report Acts of Hazing, Amending Republic Act No. 8049.
Introduced by:
Senator Miriam Defensor Santiago
HAZING STORY
==============================================
At Monmouth College in New Jersey, members ordered five pledges to dig 6-foot “graves” on a sandy beach on the Atlantic Ocean. The five then lay down in the graves while members threw handfuls of sand on top of them. The grave of William E. Flowers Jr. collapsed, and he began inhaling sand. He died of asphyxiation. A grand jury called the death “accidental,” clearing seven Zeta Beta Tau members who had been arrested on charges of manslaughter (Nuwer, 1990).
HAZING STORY
==============================================
At Manhattan College in New York, on one of the coldest nights of the winter, pledge Michael Flynn, 19 was abandoned naked on an isolated country road in Putnam County, New York. During the drive by automobile to the drop-off point, fraternity brothers poured beer on his feet, ignoring two pleas from Flynn that his feet were freezing. The wind-chill factor outside the car was 35 degrees below zero. Flynn’s feet were seriously frostbitten. He was hospitalized for 2 weeks and suffered permanent health problems. A judge acquitted the four defendants, saying he could not determine the brothers had knowingly subjected Flynn to frostbite (Nuwer, 1990).
HAZING STORY
==============================================
Eleven pledges of the Kappa Sigma House at the University of Southern California were each instructed to consume quarter-pound slabs of raw liver. Thick cut and soaked in oil, each was to be swallowed whole, one to a pledge. Gagging and choking repeatedly, Richard Swanson failed three times to down his piece. Determined to succeed, he finally got the oil-soaked meat into his throat where it lodged, and, despite all efforts to remove it, killed him (Described in Cialdini, 1985).
HAZING STORY
==============================================
Two freshmen at Ohio State University were brought to the “dungeon” of their prospective fraternity house after breaking the rule requiring all pledges to crawl into the dining area prior to Hell Week meals. Once locked in the house storage closet, they were given only salty foods to eat for nearly two days. Nothing was provided for drinking purposes except a pair of plastic cups in which they could catch their own urine (Described in Cialdini, 1985).
CONCLUDING STATEMENT
Hazing is a relic of times past.
It may have served some function forty years ago, for purposes that might have been achieved via any number of other non-hazing means, but it seemed in synch with an era. Given the drastic changes we see around us today, some things no longer fit comfortably. Hazing should be let go. It’s an unnecessary tradition that has seen its day, proves nothing, has neither purpose nor positive outcome, and only serves those with needs to dominate and control, to humiliate and degrade. And finally, since hazing has been criminalized x x x, the criminal penalties and civil consequences should raise a red flag for educated, thinking high school and college students, and alert them to deposit these risky activities in the trash file.
- Richard Sigal, retired Professor of Sociology
Prima Facie Evidence
- A fact presumed to be true unless disproved by some evidence to the contrary. 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.
MITIGATING CIRCUMSTANCE NOT APPRECIATED
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.
HAZING IN EMPLOYMENT
This section [Section 4] shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein.
SENATE BILL No. 1210
An Act Penalizing the Failure to Report Acts of Hazing, Amending Republic Act No. 8049.
Introduced by:
Senator Miriam Defensor Santiago
HAZING STORY
==============================================
At Monmouth College in New Jersey, members ordered five pledges to dig 6-foot “graves” on a sandy beach on the Atlantic Ocean. The five then lay down in the graves while members threw handfuls of sand on top of them. The grave of William E. Flowers Jr. collapsed, and he began inhaling sand. He died of asphyxiation. A grand jury called the death “accidental,” clearing seven Zeta Beta Tau members who had been arrested on charges of manslaughter (Nuwer, 1990).
HAZING STORY
==============================================
At Manhattan College in New York, on one of the coldest nights of the winter, pledge Michael Flynn, 19 was abandoned naked on an isolated country road in Putnam County, New York. During the drive by automobile to the drop-off point, fraternity brothers poured beer on his feet, ignoring two pleas from Flynn that his feet were freezing. The wind-chill factor outside the car was 35 degrees below zero. Flynn’s feet were seriously frostbitten. He was hospitalized for 2 weeks and suffered permanent health problems. A judge acquitted the four defendants, saying he could not determine the brothers had knowingly subjected Flynn to frostbite (Nuwer, 1990).
HAZING STORY
==============================================
Eleven pledges of the Kappa Sigma House at the University of Southern California were each instructed to consume quarter-pound slabs of raw liver. Thick cut and soaked in oil, each was to be swallowed whole, one to a pledge. Gagging and choking repeatedly, Richard Swanson failed three times to down his piece. Determined to succeed, he finally got the oil-soaked meat into his throat where it lodged, and, despite all efforts to remove it, killed him (Described in Cialdini, 1985).
HAZING STORY
==============================================
Two freshmen at Ohio State University were brought to the “dungeon” of their prospective fraternity house after breaking the rule requiring all pledges to crawl into the dining area prior to Hell Week meals. Once locked in the house storage closet, they were given only salty foods to eat for nearly two days. Nothing was provided for drinking purposes except a pair of plastic cups in which they could catch their own urine (Described in Cialdini, 1985).
CONCLUDING STATEMENT
Hazing is a relic of times past.
It may have served some function forty years ago, for purposes that might have been achieved via any number of other non-hazing means, but it seemed in synch with an era. Given the drastic changes we see around us today, some things no longer fit comfortably. Hazing should be let go. It’s an unnecessary tradition that has seen its day, proves nothing, has neither purpose nor positive outcome, and only serves those with needs to dominate and control, to humiliate and degrade. And finally, since hazing has been criminalized x x x, the criminal penalties and civil consequences should raise a red flag for educated, thinking high school and college students, and alert them to deposit these risky activities in the trash file.
- Richard Sigal, retired Professor of Sociology
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