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SPECIAL PENAL LAWS
ANTI-HAZING ACT OF 2018
Prosec. Noemi Macababbad

Hazing
• Refers to any act that results in physical or psychological suffering… as part of an initiation rite or practice made as a prerequisite for
admission or a requirement for continuing membership.
• This shall include any activity, intentionally made or otherwise, by one person alone or acting with others. (Sec. 2[a])

Organization
• Organized body of people, which includes, but not limited to, any club, association, group, fraternity, and sorority.
• AFP
• PNP
• PMA
• PNPA (Sec. 2[c])

PROHIBITION ON HAZING
• ALL forms.
• Exceptions: not considered as hazing
a. Physical mental and psychological testing and training procedures and practices to determine and enhance the physical,
mental, and psychological fitness of perspective regular members of the AFP and the PNP
§ Approved by the Secretary of National Defense and NPC
§ Duly recommended by the Chief of Staff of the AFP & the Director General of the PNP
b. Procedures and practices approved by the respective heads of other uniformed learning institutions as to their prospective
members
c. Athletic events or other similar contests/competitions or any activity/conduct that furthers a legal and legitimate objective
§ Subject to prior submission of a medical clearance or certificate.
• In no case shall hazing be made a requirement for employment in any business or corporation.

NEOPHYTE’S WAIVER
• Void
• Not a valid defense to persons persecuted under the Act

MITIGATING CIRCUMSTANCE
• Any person charged under this Act shall not be entitled to MC – that there was no intention to commit so grave a wrong.

VALID INITIATION RITES

Requisites of Valid
Initiation Rites SCHOOL-BASED COMMUNITY-BASED

1. Place of the initiation rites 1. Place of the initiation rites

Written Application 2. Date of the initiation rites 2. Date of the initiation rites
3. Names of the neophytes 3. Names of the neophytes
4. Manner by which the initiation rites 4. Undertaking that: “no harm of any kind
would be conducted shall be committed”
5. Undertaking that: “no harm of any kind 5. Medical certificate of the recruit to ensure
shall be committed” fitness
6. Names of the incumbent officers and 6. Names of the incumbent officers and
those who will take charge in the conduct those who will take charge in the conduct
of the initiation rites of the initiation rites
7. Under oath with a declaration that it has 7. Under oath with a declaration that it has
been posted (see posting rules) been posted (see posting rules)
8. Written acceptance/consent of the
faculty adviser/s

Submit to whom? Proper authorities of the school Punong barangay or city mayor
Not later than 7 days Not later than 7 days
When to submit? prior to the scheduled initiation date prior to the scheduled initiation date
Conduct of Initiation Rites Shall not last more than 3 days Shall not last more than 3 days

Place: Place:
Posting 1. School bulletin board or applicant’s 1. Bulleting board of the Brgy/Municipal
bulletin board, AND hall, AND
2. 2 other conspicuous places in school or in 2. 2 other conspicuous places in school or in
the premises of the org the premises of the org

Period: from the time of submission, and shall only Period: from the time of submission, and shall only be
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be removed 3 days after the conduct of initiation rites removed 3 days after the conduct of initiation rites

OTHER RULES

Shall imposed after:

Disciplinary Sanctions 1. Due notice, AND
2. Summary hearing

False & Inaccurate Disciplinary sanction ranging from reprimand to

Information in the Written expulsion shall be imposed.
Application
Against:
1. Person who prepared the application or
supplied the false & inaccurate info
2. Head and other officers of the org

Who? Who?
1. Head, or • Punong barangay or city mayor must
Monitoring 2. Authorized representative of the school assign at least 2 brgy or municipal officials

When? When?
• During the initiation • During the initiation

Purpose: Purpose:
1. To see to it that no hazing is conducted 3. To see to it that no hazing is conducted
2. To document the entire proceedings 4. To document the entire proceedings

Task: make a report regarding conduct of the Task: make a report regarding conduct of the
initiation rites initiation rites

Liability:
• GR: if hazing is still committed despite
their presence, no liability shall attach
• EX: it was proven that he failed to perform an
overt act to prevent the commission thereof.
Liability:
• GR: if hazing is still committed despite
their presence, no liability shall attach
• EX: it was proven that he failed to perform an
overt act to prevent the commission thereof.

• Required to register before it conducts • Shall submit a comprehensive list of

activities whether on or off-campus, members, which shall be updated yearly
Registration including recruitment from the date of registration.
• Shall submit a comprehensive list of
members, which shall be updated not
later than 30 days from the start of every
semester
• Failure to comply in the foregoing shall
result to cancellation of the registration

Faculty Adviser
• Requirement as a condition to the grant
of accreditation/registration
• Must not be a member of the org
• Must be an active member in good
standing of the faculty
• Responsible for monitoring the activities
• Presumed to have knowledge and
consented to the commission of
prohibited acts

Role of the institution • The school is required to be diligent that

prudent parents would employ in the
same circumstance when disciplining and
protecting their children.
• The school shall implement information
dissemination regarding the matter
• Shall encourage the orgs to engage in
undertakings that foster holistic personal
growth and development and activities
that contribute to solving relevant and
pressing issues of society.
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PENALTIES
PENALTIES
Imprisonment Fine PERSONS LIABLE NOTES

Reclusion Perpetua P3M Planned/participated

(a)
Reclusion Perpetua P2M
(b)
Reclusion Temporal
In its maximum period P1M
Reclusion Temporal P1M
Prision Correccional
In its minimum period
- P1M
(a) or (b)
If the consequence is death, rape, sodomy or
mutilation
1. Planned/participated
2. Actually present during the hazing
3. Adviser who failed to take action to
prevent, if such can do so without peril
to their person or their family
4. All former officers, nonresident
members, or alumni who are also
present.
5. Officers/members – cooperated by
inducing the victim to be present
thereat
6. Members who are present – when they
are intoxicated or under the influence
of alcohol/drugs
All persons who are present
Alumni or nonresident members who, after the
commission of hazing, will perform any act to
hide, conceal or otherwise hamper/obstruct any
investigation
Any person who shall intimidate, threaten, force or
- employ any form of vexation against another
person for the purpose of recruitment.
School
• If it approved the written application to
conduct an initiation,
• No representative from school was
present during the initiation
1. Owner or lessee of the place
2. Parents (if held in the home of one of
the officers/members)
1. School officials/members of the faculty
2. Brgy, municipal or city officials
Any person even if not member of the org, if
present during the initiation
(4)
If lawyer – shall be subject to the
disciplinary proceedings of the SC
Other profession - subject to the
disciplinary proceedings of the PRC
Imposable penalty – include, not
limited to, suspension or revocation of
professional license
Suspended/revoked license may be
reinstated upon submission of
affidavits from at least 3 disinterested
persons, good moral certs from
unaffiliated & credible gov’t, religious
& socio-civic orgs – to show that the
concerned professional has become
morally fit for readmission
(see notes above)
Persistent and repeated proposal or
invitation made to a person who had
twice refused shall be prima facie
evidence.
Liable as principals
Has actual knowledge but failed to
take any action to prevent, even if
they can do so.
Liable as accomplice and
Administratively accountable
If it can be shown that the
school/brgy/ municipal/city official
failed to take any action to prevent,
but could have done so without peril
to their person or their family
Presence is prima facie evidence of
participation.

If it can be shown that he failed to

take any action but could have done
so without peril to their person or
their family