UNIVERSITY OF SAN CARLOS

SCHOOL OF LAW AND GOVERNANCE

COLLEGE OF LAW
CEBU CITY

OUTLAWING FALSE BROTHERHOOD

REVIEW OF RELATED LITERATURE

By:
CAROLINE MARIE M. GO
EH401

PURPOSE OF REVIEW
The purpose of this study is to determine the useful value of a sense of
brotherhood in fraternities, sororities and the like vis-a-vis the danger it has posed its
members in particular and to society in general.

SCOPE OF REVIEW
The study will focus on the crime of Illegal associations1 as to whether fraternities
and sororities may be classified in the same category as well as the following provisions
of the Revised Penal Code as possible consequences in joining a fraternity, sorority and
similar organizations, to wit:
1. Article 249. Homicide;
2. Article 263. Serious physical injuries;
3. Article 265. Less serious physical injuries;
4. Article 266. Slight physical injuries and maltreatment;
5. Article 266-A. Rape;
6. Article 286. Grave coercions
7. Article 336. Acts of lasciviousness.2
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1
2

The Revised Penal Code. Book Two. Article 147. Illegal Associations.
The Revised Penal Code. Book Two.

Moreover, a study on the Anti-Hazing Law3 will be conducted to determine

whether or not said law is sufficient to eradicate hazing in fraternities.
Finally, a look into the Right of Association4 provision of the Bill of Rights to
know whether outlawing fraternities, sororities and similar organizations will infringe
said right embodied in our Constitution.

LIMITATIONS OF REVIEW
This study is limited to determining through law provisions and available research
data the need to consider fraternities, sororities and similar organizations as illegal
associations to curb hazing which is especially rampant in schools.
The research will not go to the extent of interviewing individual members of
fraternities, sororities and similar organizations.

LITERATURE REVIEW
There is a pressing need to classify fraternities, sororities and similar
organizations as illegal associations because of the undeniable fact that they would
always involve hazing.
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.5
The act of hazing, which is penalized under a special law, involves acts which are
likewise penalized under the Revised Penal Code such as slight, less serious and serious
physical injuries. In extreme cases where there is death of the victim, homicide.
Grave coercion is also a possible consequence of joining fraternities since a
neophyte may be forced to do something during the initiation rites against his will,
whether it be right or wrong.

_______________________________________________________________________
3

Republic Act No. 8049 AN ACT REGULATING HAZING AND OTHER FORMS OF INITIAION RITES IN
FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR
4
1987 Philippine Constitution. Section 8, Article III.
5
RA 8049. Section 1

In the case of women, there is a danger that they will be touched in different parts
of their bodies by perpetrators who have lewd designs. The possibility of engaging in
sexual congress with fraternity leaders as a form of hazing cannot also be brushed aside.
These are but a few examples of the evils that we sought to avoid by the
criminalization of fraternities and sororities as illegal associations.
The Anti-Hazing Law has not been effective in preventing hazing. As a matter of
fact, said law instead of discouraging hazing, actually encourages the same.
Section 2 of the above-mentioned law provides that 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. The written notice 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. 6
A deeper study into Section 2 of RA 8049 would reveal that the reputed AntiHazing Law is actually a Pro-Hazing Law as in fact it allows initiation rites that is in
reality hazing.
Recruits or applicants should never be subjected to any form of hazing no matter
how menial, silly or foolish the task is.
In a privilege speech, Senator Loren Legarda has clearly stated that the AntiHazing Law is not effective in preventing abuses against neophytes.
Her speech in part: I rise on a matter of personal privilege to express indignation
over the recent death of Mark Andre Marcos, a law student whose bright future was cut
short by a tradition of violence that has laid claim to many lives, and will continue to do
so unless we take concerted action. It is truly disturbing that this tragedy came at the
heels of the death of another San Beda Law student. Just five months ago, freshman
Marvin Reglos died of kidney failure after being subjected to hazing at a fraternitys
initiation rites. Their tragic, untimely deaths prove that hazing remains a serious problem
in fraternities, sororities, and other organizations in the country.6

_______________________________________________________________________
5

RA 8049. Section 2
Privilege Speech of Senator Loren Legarda on the Incidences of Hazing in the Philippines. August 6, 2012.
http://www.senate.gov.ph/press_release/2012/0806_legarda2.asp
6

She then concluded that: It has become clear that Republic Act 8049, or the AntiHazing Law, has not been effective in preventing abuses against neophytes or new
recruits of organizations, particularly fraternities.7
As pointed out by the distinguished Senator, there is a tradition of violence in
fraternities, sororities and similar organizations which have brought students with big
ambitions in life to their untimely deaths and will continue to do so because the AntiHazing Law has failed to put a stop to the problem.
The Anti-Hazing Law and future law of sorts was not and will not be sufficient to
suppress any and all acts of hazing. To put a stop to this criminal act, the law must aim at
the root cause of the problem, that is, the organization itself.
There is no fraternity if there is no hazing and there is no hazing if there is no
fraternity. One cannot exist and has become inseparable from the other. There is no doubt
that the criminal act of hazing has become so tied up with fraternity.
This being the case and considering the grave importance of a human life, the
only way to put a stop the tradition of violence is to criminalize the organizations which
have adopted hazing as a custom.
The penalty of prision correccional in its minimum and medium periods and a
fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and
presidents of associations totally or partially organized for the purpose of committing any
of the crimes punishable under this Code or for some purpose contrary to public morals.
Mere members of said associations shall suffer the penalty of arresto mayor. 8
Illegal associations are associations totally or partially organized for the purpose
of committing any of the crimes punishable under the Code.9
Fraternities, sororities and similar organizations may rightfully be classified as
illegal associations because one of its essential activity is to make new recruits and every
time there is a new recruit, there will always be violations of the Revised Penal Code, no
matter how slight the humiliation or injury done to the neophyte.
Of course, those in favour of these associations or are members thereof would
tend to argue that some fraternities and sororities do not commit crimes and would deny
the existence of hazing in their initiation rites claiming that these organizations are lawful
_____________________________________________________________________
7

Privilege Speech of Senator Loren Legarda on the Incidences of Hazing in the Philippines. August 6, 2012.
http://www.senate.gov.ph/press_release/2012/0806_legarda2.asp
8
The Revised Penal Code. Book Two. Article 147. Illegal Associations.
9
Reyes, Luis. The Revised Penal Code. Criminal Law. Book Two. 2008. Page 127.

associations. Unfortunately however, this is more of a fallacy than true. The truth of the
matter is that there was, there is and there will always be some sort of hazing in every
fraternity.
Another common argument against the criminalization of fraternities and similar
organizations is that this would infringe the Right of Association embodied in the
Philippine Constitution.
The Bill of Rights provides that The right of the people, including those
employed in the public and private sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged.10
The Right of Association is not absolute. It is not without exceptions. It is in no
way all-encompassing covering any and all forms of associations.
What the 1987 Philippine Constitution protects are associations which purposes
are not contrary to law. In other words, those associations which are organized for the
purpose of committing acts contrary to law are never included under the Constitutional
protection.
In this particular case of fraternities, sororities and similar organizations, they are
formed, among others, to commit hazing, physical injuries, coercion, etc, in the first
encounter of a recruit.
A recent article in the internet have discussed about the gravest of errors done by
fraternity. The title of this article is I Lost My Son to Hazing: A Look Back at 5 of the
Most Talked-About Fraternity Crimes in the Philippines. These are the voices of parents
who will never forget.11
Quoted below is an excerpt of the unfortunate story of Leonardo Lenny Villa.
Lenny Villas case was pivotal in paving the way for the Anti-Hazing Law, or Republic
Act No. 8049.12
The heartbreaking facts: On February 10, 1991, Lenny Villa, a first year law
student at the Ateneo de Manila, died from multiple injuries after having undergone
initiation rites for the fraternity Aquila Legis. In January 2002, the Court of Appeals
acquitted 19 out of the 26 Aquila Legis fraternity members who were accused of killing
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10

1987 Philippine Constitution. Section 8, Article III.

I Lost My Son to Hazing": A Look Back at 5 of the Most Talked-about Fraternity Crimes in the Philippines.
http://www.smartparenting.com.ph/parenting/pinoy-parenting/-i-lost-my-son-to-hazing-a-look-back-at5-of-the-most-talked-about-fraternity-crimes-in-the-philippines/page/5 July 8, 2014.
12
Ibid
11

Lenny.13
Its as if my son died all over again. After 11 years of fighting for justice, I am
gifted with an acquittal. I am devastated. I am very, very devastated. my son Lenny
as well as the other neophytes did not agree to be killed. It was short of saying that its
okay to kill.14
Words could not fully express the devastation of losing a son to hazing.
Sometimes, justice would not even be served. Those who have taken part in the actual
conduct of hazing may even possibly be acquitted for lack of evidence or presumption of
innocence. This indeed is short of saying that its okay to kill.
If not acquittal, the conviction may take too long and the penalty may prove
inadequate as deterrent.
In February 2012, 21 years after Lennys death, the Supreme Court found 5
members of Aquilia Legis guilty. However, since the Anti-Hazing Law had not yet been
passed at the time of Villas death, the five members found guilty could not be subjected
to lifetime imprisonment. "Im not too happy; four months to four years is too short a
time. This will not deter fraternities, thats why a lot are still dying." Gerarda Villa said in
an interview with abs-cbnnews.com.15
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:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or
mutilation results therefrom.16
Despite increase in the penalty, the Anti-Hazing Law has definitely failed to
prevent the conduct of hazing which caused the demise of important lives.
While it is true and it may be said that not all fraternities or sororities have
employed extreme conduct of hazing to the point of cases of death, the fact that all these
acts of hazing regardless of degree of violence or humiliation are crimes nonetheless
should never be discounted.
_____________________________________________________________________
13

news.google.com/newspapers
I Lost My Son to Hazing": A Look Back at 5 of the Most Talked-about Fraternity Crimes in the Philippines.
http://www.smartparenting.com.ph/parenting/pinoy-parenting/-i-lost-my-son-to-hazing-a-look-back-at5-of-the-most-talked-about-fraternity-crimes-in-the-philippines/page/5 July 8, 2014.
15
Ibid
16
RA 8049. Section 4
14

The Right to Associations in Section 8 of the Bill of Rights should not be used as
a protective mantle for fraternities and similar organizations which have continually been
a danger to the Right of Life of the victims protected under Section 1 of the same Bill of
Rights.
No person shall be deprived of life, liberty or property without due process of law,
nor shall any person be denied the equal protection of the laws.17
There is no question that there is absence of due process of law when the lives of
young men were taken away from them by hazing.
In one same sweeping sentence, the Constitution has etched out the basic
protection given to life, liberty and property.18
Considering the fact that there is no higher right than the right to life, the right to
form association should not be utilized as an excuse or a hindrance from passing a law
which would save precious lives.

CONCLUSION
All things considered, there is therefore an urgent necessity to criminalize
fraternities, sororities and similar organizations.
Under the Classical Theory of Criminal Law, man is essentially a moral creature
with an absolutely free will to choose between good and evil. 19
Time and time again, man has proven himself to be more inclined to do evil than
good. Fraternities and sororities without fail, have continually used hazing as a prerequisite of membership in the so-called brotherhood.
Hazing being a crime which also involves criminal acts punishable under the
Revised Penal Code, it is but about time to consider these organizations as one organized
for the purpose of committing a crime.
Once false brotherhood is taken away, what is left is true brotherhood as there can
still be brotherhood even without placing the neophytes to humiliating situations or
subjecting them to physical or psychological suffering.
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17

1987 Philippine Constitution. Section 1, Article III.

Bernas, Joaquin. The 1987 Constitution of the Philippines A Commentary. 2003. Page 110.
19
Reyes, Luis. The Revised Penal Code. Criminal Law. Book One. 2008. Page 23.
18

RECOMMENDATIONS
Since Philippine laws adopt the prospective application of Criminal Laws such
that a penal law cannot make an act punishable in a manner in which it was not
punishable when committed20, it is respectfully recommended that the penalty of the law
be applied to new organizations which would involve hazing and thus would tantamount
to fraternities or sororities.
As to existing fraternities and sororities, they may continue their organization but
should no longer call themselves a fraternity or sorority. Expectedly, no more initiation
rites will be allowed as a pre-requisite for membership in the organization.

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20

Reyes, Luis. The Revised Penal Code. Criminal Law. Book One. 2008. Page 14.