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RA 8049 (1995) RA 11053 (2018)

merely regulated hazing or initiation rites. Act prohibiting hazing and regulating
other forms or initiation rites of
defines hazing as “an initiation rite or fraternities, sororities, and other
practice as a prerequisite for admission into organizations.
membership in a fraternity, sorority or
organization by placing the recruit, neophyte 1. definition of hazing has been
or applicant in some embarrassing or expanded to include
humiliating situations such as forcing him to “physical or psychological
do menial, silly, foolish and other similar suffering, harm or injury
tasks or activities or otherwise subjecting inflicted on a recruit,
him to physical or psychological suffering or neophyte, applicant or
injury.” member as part of an
initiation rite or a
“by not defining hazing as a criminal act per requirement for continuing
se, subject to specific very narrowly-drawn membership in a fraternity
exceptions, the law itself guarantees that or sorority or organization.”
hazing will continue.”
organizations are now required to apply and
“hazing” is made synonymous to initiation be recognized by school authorities before
rites or practice, and makes punishable the implementing any activity in and out of the
act of hazing only when the latter is a campus, the school, on the other hand, shall
prerequisite for admission into membership have sets of guidelines that every
in a fraternity, sorority or organization. This organization shall adhere to 60 days after the
explains why the present law has no teeth; act has been approved.
there are just too many defenses available to
the perpetrators to avoid liability and secure
mandates schools to “take more
acquittal. For example, under the present
law, if the act of violence was committed not proactive steps to protect its
as a prerequisite for admission into the students from the dangers of
membership of a fraternity or organization, participating in activities that involve
then there is simply no hazing to speak of. All hazing.”
that the perpetrators have to do is to claim
that the victim was already a member when
violence was committed upon him. The law allows school-based initiation rites as
According to the law, these initiation rites long as a written application with all necessary
can still push through if: details are made to the proper authorities at
least a week before the planned date. Details
include the place and date, the names of all
 There is written notice addressed those who will participate, and all incumbent
to the school authorities or head officers of the fraternity, sorority, or
organization.
of organization 7 days prior

 There are at least two The written application should state that no
representatives from the school harm shall be inflicted on anybody during the
present initiation rites, and that the activity should not
The written notice should include details last more than three days.
about the activity, including how long it will
last, the names of those who will undergo The law also requires the head of the school or
the initiation rites, and an "undertaking that at least two school representatives during the
no physical violence will be employed." initiation.

The representatives assigned by the school,


meanwhile, have the duty to “see to it that
no physical harm of any kind shall be
inflicted upon a recruit, neophyte or
applicant.”

2.Members of organizations – regardless RA 11053 provides for harsher penalties


whether fraternity, sorority, or otherwise – compared to RA 8049 as it also penalizes those
directly involved in the infliction of harm will who will try to cover up the fact that such a
be liable if the person who went through the hazing happened.
hazing or any form of initiation rites “suffers
any physical injury or dies,” according to the Organizations that fail to compromise with
law. The law does not penalize the actual act the law shall pay a Php 3 million fine and be
of initiation rites. subjected to reclusion perpetua (life
imprisonment) if the initiation activity results
If a neophyte dies, has been raped, in death, rape, sodomy, or mutilation.
sodomized, or mutilated, those
responsible can face life imprisonment. A penalty of reclusion temporal and a P1-
million fine will be imposed on all those
present during the hazing, and all those who
will try to hide the fact that such act happened,
and those who will obstruct any investigation
that will be conducted.
3.Meanwhile, those who have actual Stiffer penalties:
knowledge of the hazing conducted but did
not do anything about it – such as owners of penalizes individuals who will try to cover up
the place where it was held, school the alleged hazing activities of their colleagues.
authorities, and other members of the
organization – can be considered as penalty of reclusion perpetua and a fine of P2
accomplices. million will be imposed upon all who
participated in the hazing, all officers and
members of the organization present during
the act and knowingly cooperated to carry it
out, the adviser of the organization who is
present and failed to take action,

penalizes a person who participated in the


hazing, whether or not the victim was
subjected to substantial risk of physical injury
or death, and regardless whether actual
injuries or death resulted.

If those involved are members of the Philippine


bar, they shall be The law explicitly states that
in no case will hazing be made a requirement
for employment in any business or corporation.

If they belong to any profession under the


regulation of the Professional Regulation
Commission (PRC), they shall immediately be
subjected to disciplinary proceedings and may
face a maximum three-year suspension or
revocation of license.

4.The law also does not entirely cover the bans all forms of hazing in
effects on mental health of an applicant – fraternities, sororities and
only if he or she becomes "insane, imbecile."
Imagine the number of now-members who organizations in schools,
were subjected to the paddle and communities and even businesses
fortunately left physically “unscathed” but and uniformed service learning
left with psychological scars. institutions.
covers emotional and psychological hazing,
aside from physical hazing.

covers acts ranging from paddling to


whipping, beating, branding, forced
calisthenics, exposure to the
weather, forced consumption of any
food, liquor, beverage, drug or other
substance or any brutal treatment or
forced physical activity likely to
adversely affect the physical and
psychological health of such recruit.

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