Welfare of the Child:

Health
Education
Disability

David, Mariel Josine

Resabal, Jan Karel

UN CRC

Article 23 (Children with disabilities)

Article 24 (Health and Health services)
Article 25 (Review of treatment in care)
Article 26 (Social Security)
Article 27 (Adequate Standard of Living)
Article 28 (Right to Education)
Article 29 (Goals of Education)

Article 23

I. ART. 23 CHILDREN WITH DISABILI

TIES
1. States Parties recognize that a mentally or physically

disabled child should enjoy a full and decent life, in

conditions which ensure dignity, promote self-reliance and
facilitate the child's active participation in the community.

2. States Parties recognize the right of the disabled child

to special care and shall encourage and ensure the exte
nsion, subject to available resources, to the eligible child
and those responsible for his or her care, of assistance
for which application is made and which is appropri
ate to the child's condition and to the circumstance
s of the parents or others caring for the child.

3. Recognizing the special needs of a disabled child,

assistance extended in accordance with paragraph 2 of the
present article shall be provided free of charge, whenever
possible, taking into account the financial resources of the
parents or others caring for the child, and shall be
designed to ensure that the disabled child has effective
access to and receives education, training, health
care services, rehabilitation services, preparation
for employment and recreation opportunities in a
manner conducive to the child's achieving the fullest
possible social integration and individual development,
including his or her cultural and spiritual development

 4. States Parties shall promote, in the spirit of international cooper

ation, the exchange of appropriate information in the field of preve
ntive health care and of medical, psychological and functional treat
ment of disabled children, including dissemination of and access to
information concerning methods of rehabilitation, education and v
ocational services, with the aim of enabling States Parties to improv
e their capabilities and skills and to widen their experience in these
areas. In this regard, particular account shall be taken of the needs
of developing countries.

RA 7277 MAGNA CARTA FOR DISABLED

PERSONS
Disabled Person
those suffering from restriction or different abiliti
es, as a result of a mental, physical or sensory impair
ment, to perform an activity in the manner or within
the range considered normal for a human being
Impairment
any loss, diminution or aberration of psychological, physi
ological or anatomical structure or function

 Disability
a. a physical or mental impairment that substa
ntially limits one or more psychological, physiological
or anatomical function of an individual or activities
of such individual
b. a record of such an impairment or
c. Being regarded as having such an impairment
Handicap
a disadvantage for a given individual, resulting from
an impairment or a disability, that limits or prevents t
he function or activity, that is considered normal give
n the age and sex of the individual

RIGHTS AND PRIVILEGES OF DISABLED

PERSON
A. Education

B.
C.
D.
E.

Access to quality education

Assistance to disabled students
Special Education
Vocational or Technical and other Training Programs
Non-Fomal Education
State Universities and Colleges

Health
Auxiliary Service
Telecommunications
Accessibility

Discrimination on Transportation
Discrimination on the Use of Public Accommodations and Service
s

Sec. 2 (b) Disabled persons have the same rights as

other people to take their proper place in society. T
he should be able to live freely and as independentl
y as possible. This must be the concern of everyone
the family, community and all government and no
n government organizations. Disabled persons right
s must never be perceived as welfare services by th
e Government.

PENALTY
Section 46
1st violation fine not less than fifty thousand pesos (P 5
0,000.00) but not exceeding one hundred thousand peso
s (P 100,000.00) or imprisonment of not less than six (6)
months but not more than two (2) years or both at the d
iscretion of the court;
Subsequent Violation fine not less than one hundred t
housand pesos (P 100,000.00) but not exceeding two hu
ndred thousand pesos (P 200,000.00) or imprisonment f
or not less than two (2) years but not more than six (6) y
ears or both at the discretion of the court;

 Any person who abuses the privileges granted therein s

hall be punished with imprisonment of not less than six
(6) months or a fine of five thousand pesos (P 5,000.00)
but not more than fifty thousand pesos ( P 50,000.00) or
both at the discretion of the court;
If the violator is a corporation, organization or any simil
ar entity, the officials directly involved shall be liable;
If the violator is an alien or a foreigner, he shall be depo
rted immediately after service of sentence without furth
er deportation proceedings.

PD 603 CHILD AND YOUTH WELFARE CODE

Mentally Retarded Children
Socially incompetent
Mentally subnormal
Retarded intellectually from birth or early ag
e
Retarded at maturity
Mentally deficient as a result of constitution
al origin, through hereditary or disease
Essentially incurable

Classification
1. Custodial Group
2. Trainable Group
3. Educable Group
4. Borderline or Low Normal Group

Physically Handicapped Children

those who are crippled, deaf-mute, blind, or otherwis
e defective which restricts their means of action on co
mmunication with others.
Emotionally Disturbed Children
those who, although not afflicted with insanity or men
tal defect, are unable to maintain normal social relati
ons with others and the community in general due to
emotional problems or complexes.
Mentally Ill Children
are those with any behavioral disorder, whether funct
ional or organic, which is of such a degree of severity
as to require professional help or hospitalization.

Training and Opportunities for Disabled Chil

dren
Vocational rehabilitation and manpower conserva
tion agencies shall train disabled children for speciali
zed types of jobs, services and business which could
be learned only by them and shall help provide oppo
rtunities for their future occupational placement: Tha
t the agencies and organizations engaged in program
s and services for the disabled need not be limited to
minors. Persons of legal age may be admitted whene
ver facilities are available for them.

Petition for Commitment

when a child needs to be institutionalized and the
parents or guardians opposed, the Department of So
cial Welfare or any duly licensed child placement age
ncy or individual, shall have the authority to file a pet
ition for commitment of the child to any reputable in
stitution.
the petition shall be filed with the Juvenile and D
omestic Relations Court or the regional Trial Cou
rt of the province or city where the parent or guardi
an resides or where the child if found.

Contents of the Petition

1. The facts showing that the child appears to be mentally retarded,
physically handicapped, emotionally disturbed or mentally ill and n
eeds institutional care;
2. The Fact that the parents or guardians or any duly licensed disabl
ed child placement agency, as the case may be, has opposed the co
mmitment of such child;
3. The name of the parents and their residence, if known or if the c
hild has no parents or parent living, the names and residence of th
e guardian, if any; and
4. The name of the institution where the child is to be committed.

Discharge of Child Voluntarily Committ

ed
Any child voluntarily committed to an institution f
or disabled children may be discharged by the Dep
artment of Social Welfare motu proprio or upon
the request of his parents or guardian on any of t
he grounds specified in the preceding article. In the l
atter case, the Department of Social Welfare may
refuse to discharge the child if, in its opinion, his
release would be prejudicial to him or to the co
mmunity.

BP 344
Sec. 1 Educational institutions, airports, sports a
nd recreation centers and complexes, shopping cen
ters or establishments, public parking places, workplaces, public utilities, shall be granted or issued unl
ess the owner or operator thereof shall install and i
ncorporate in such building, establishment, instituti
on or public utility, such architectural facilities or str
uctural features as shall reasonably enhance the m
obility of disabled persons such as sidewalks, ramps
, railings and the like .

in case of government buildings, street and hig

hways, the Ministry of Public Works and Highways sh
all see to it that the same shall be provided with arch
itectural facilities or structural features for disabled p
ersons. In the case of the parking place of any of the
above institutions, buildings, or establishment, or pu
blic utilities, the owner or operator shall reserve suffi
cient and suitable space for the use of disabled perso
ns.

Article 24

II. ART. 24 HEALTH AND HEALTH SER

VICE
States Parties shall pursue full implementation of this right and, i
n particular, shall take appropriate measures:
a. To diminish infant and child mortality;
b. To ensure the provision of necessary medical assistance and
health care to all children with emphasis on the development
of primary health care;
c. To combat disease and malnutrition, including within the fram
ework of primary health care, through, inter alia, the applicati
on of readily available technology and through the provision o
f adequate nutritious foods and clean drinking-water, taking i
nto consideration the dangers and risks of environmental poll
ution;

d. To ensure appropriate pre-natal and post-natal he

alth care for mothers;
e. To ensure that all segments of society, in particula
r parents and children, are informed, have access
to education and are supported in the use of basi
c knowledge of child health and nutrition, the adv
antages of breastfeeding, hygiene and environme
ntal sanitation and the prevention of accidents;
f. To develop preventive health care, guidance for p
arents and family planning education and services.

PD 603
Promotion of Health
shall begin with adequate pre-natal and post-natal care both f
or him and his mother. All appropriate measures shall be take
n to insure his normal total development.
It shall be the responsibility of the health, welfare, and educati
onal entities to assist the parents in looking after the health of
the child.
Medical and Dental Services
the childs parents shall be entitled to such assistance from th
e government as may be necessary for his care and treatment
in addition to other benefits provided for under existing law.

Puericulture or Health Centers

Functions:
1. Disseminate information concerning the health of child
ren and expectant or nursing mothers;
2. Provide consultation service and treatment, whenever
necessary, for the children and the expectant or nursin
g mothers;
3. Provide guidance and special treatment to children wit
h physical handicaps; and
4. Advise child welfare institutions on matters relating to
nutrition and hygiene.

Article 25

III.ART. 25
States Parties recognize the right of a child who has been place
d by the competent authorities for the purposes of care, protect
ion or treatment of his or her physical or mental health, to a pe
riodic review of the treatment provided to the child and all othe
r circumstances relevant to his or her placement.

Article 26: Social Security

Article 26
1. State Parties shall recognize for every child to benefit fr
om social security, including social insurance, and shall
take the necessary measures to achieve the full realizat
ion of this right in accordance with their national law.
2. The benefits should, where appropriate, be granted, ta
king into account the resources and circumstances of t
he child and persons having responsibility for the main
tenance of the child, as well as any other consideration
relevant to an application for benefits made by or on b
ehalf of the child.

Social Security
Children either through their guardians or directly ha
ve the right to help from the government if they are poo
r or in need.
What is Social Security?
Based on Article 22 of the Universal Declaration of Human Rights
Everyone, as a member of society, has the right to social secu
rity and
is entitled to realization, through national effort and in
ternational co- operation and in accordance with the organization
and resources of each State, of the economic, social and cultural
rights indispensable for
his dignity and the free development o
f his personality.

PD 603: The Child and Youth Welfare

Code
Article 3. Rights of the Child
(10) Every child has the right to the care, assistance, and protecti
on of the State, particularly when his parents or guardians fail or
are unable to provide him with his fundamental needs for growt
h, development, and improvement.

Article 63. Financial Aid and Social Services to Needy Fa

milies
Special financial or material aid and social services shall be given
to any needy family, to help maintain the child or children in the
home and prevent their placement elsewhere.

Article 27: Adequate Standard of Li

ving

Article 27
1. State Parties recognize the right of every child to a standard of living adequate fo
r the childs physical, mental, spiritual, moral and social development.
2. The parent(s) or others responsible for the child have the primary responsibility t
o secure, within their abilities and financial capacities, the conditions of living ne
cessary for the childs development.
3. State Parties, in accordance with national conditions and within their means, shal
l take appropriate measures to assist parents and others responsible for the chil
d to implement this right and shall in case of need provide material assistance an
d support programmes, particularly with regard to nutrition, clothing, and housin
g.
4. State Parties shall take all appropriate measures to secure the recovery maintena
nce for the child from the parents or other persons having financial responsibilit
y for the child, both within the State Party and from abroad. In particular, where
the person having financial responsibility for the child lives in a State different fr
om that of a child, State Parties shall promote the accession to international agre
ements or the conclusion of such agreements, as well as the making of other app
ropriate arrangements.

Adequate Standard of Living

Children have the right to a standard of living that is goo
d enough to meet their physical and mental needs. Gove
rnments should help families and guardians who cannot
afford to provide this, particularly with regard to food, cl
othing, and housing.

PD 603: The Child and Youth Welfare

Code
Article 3. Rights of the Child
(4) Every child has the right to a balanced diet, adequate clothing,
sufficient shelter, proper medical attention, and all the basic phy
sical requirements of a healthy and vigorous life.

Article 141. Definition of Terms

3. A neglected child is one whose basic needs have been delibera
tely unattended or inadequately attended. Neglect may occur in t
wo ways:
(a) There is physical neglect when the child is malnourished, ill
clad, and without proper shelter.xx

Article 28: Right to Education

Video
Video 2

Article 28
1. State Parties recognize the right of the child to education, and with a view
to achieving this right progressively and on the basis of equal opportunity, th
ey shall, in particular:
(a) Make primary education compulsory and available free to all;
(b) Encourage the development of different forms of secondary education, in
cluding general and vocational education, make them available and acces
sible to every child, and take appropriate measures such as the introducti
on of free education and offering financial assistance in case of need;
(c) Make higher education accessible to all on the basis of capacity by every
appropriate means;
(d) Make educational and vocational information and guidance available and
accessible to all children;
(e) Take measures to encourage regular attendance at schools and the reduc
tion of drop out rates.

Article 28
2. State Parties shall take all appropriate measures to ensu
re that school discipline is administered in a manner consi
stent with the childs human dignity and in conformity wit
h the present Convention.
3. State Parties shall promote and encourage international
cooperation in matters relating to education, in particular
with a view to contributing to the elimination of ignorance
and illiteracy throughout the world and facilitating access t
o scientific and technical knowledge and modern teaching
methods. In this regard, particular account shall be taken
of the needs of developing countries.

Right to Education
All children have the right to primary education
Wealthy countries should help poorer countries achieve
this right
The convention does not address such issues as school
uniforms, dress codes, the singing of the national anthe
m or prayer in schools.

PD 603
Article 3. Rights of the Child
(6) Every child has the right to an education commensurate with
his abilities and to the development of his skills for the improve
ment of his capacity for service to himself and to his fellowmen
Article 4. Responsibilities of the Child
(4) Exert his utmost to develop his potentialities for service, parti
cularly by undergoing a formal education suited to his abilities, i
n order that he may become an asset to himself and to society;
Article 12. Education
The schools and other entities engaged in non-formal education
shall assist the parents in providing the best education for the ch
ild.

PD 603
Article 59. Crimes
(4) Neglects the child by not giving him the education whic
h the familys station in life and financial conditions permit
Article 71. Admission to Schools
Article 72. Assistance
Article 73. Nursery School
Article 74. Special Classes
Article 75. School Plants and Facilities
Article 110. Education of Children Employed as Domestic
s

Article 29: Goals of Education

Article 29
1. State Parties agree that the education of the child shall be directed to:
(a) The development of the childs personality, talents and mental and physic
al abilities to their fullest potential;
(b) The development of respect for human rights and fundamental freedoms
, and for the principles enshrined in the Charter of the United Nations;
(c) The development of respect for the childs parents, his or her own cultura
l identity, language and values, for the national values of the country in w
hich the child is living, the country from which he or she may originate, a
nd for civilizations different from his or her own;
(d) The preparation of the child for responsible life in a free society, in the sp
irit of understanding, peace, tolerance, equality of sexes, and friendship a
mong all peoples, ethnic, national, and religious groups and persons of in
digenous origin;
(e) The development of respect for the natural environment
2. No part of this present article or article 28 shall be construed so as to interf
ere with the liberty of individuals and bodies to establish and direct education
al institutions, subject always to the observance of the principle set forth in pa
ragraph 1 of the present article and to the requirements that the education gi
ven in such institutions shall conform to such minimum standards as may be l

Goals of Education
Childrens education should develo
p each childs personality, talents,
and abilities to the fullest
It should encourage children to re
spect others, human rights, and th
eir own and other cultures.
It should also help them learn to li
ve peacefully, protect the environ
ment, and respect other people.

RA 8049:
ANTI-HAZING LAW

Trivia
History of fraternities and sororities in the Philippines
Marcos Era
Final Rites and Physicals

HAZING
Initiation rite or practice as a prerequisite for admission
into membership in a fraternity, sorority, or organization
Placing the neophyte in embarrassing situations or subj
ecting him to physical or psychological suffering or injur
y

Procedure
School authorities or organization heads must be notifie
d in writing seven (7) days before the conduct of hazing
or initiation in ANY manner.
Written notice shall contain:
period of initiation activities which shall not exceed 3 days
names of neophytes
An undertaking that no physical violence will be employed

Head of school or organization or their representatives

must assign at least two (2) representatives to be presen
t during the initiation.

Penalties
Who are liable?
Officers & members of fraternities, sororities, and organizations
who actually participated in the infliction of physical harm
Result

Penalty

Death, rape, sodomy, mutilation

Reclusion Perpetua

Insane, imbecile, impotent, blind

Reclusion Temporal in Maximum Period

(17y, 4m & 1d~20y)

Loss of use of speech, hearing, smell, vision,

foot, arm, leg, incapacitated to work

Reclusion Temporal in Medium Period

(14y, 8m & 1d~17y & 4m)

Deformed, lost any part of the body or use

thereof, incapacitated for more than 90 days

Reclusion Temporal in Minimum Period

(12y & 1d~14y & 8m)

Ill or incapacitated for more than 30 days

Prision Mayor in Maximum Period

(10y &1d~12y)

Ill or incapacitated for more than 10 days

Prision Mayor in Medium Period

(8y & 1d~10y)

Ill or incapacitated for 1-9 days

Prision Mayor in Minimum Period

(6y & 1d~8y)

Physical injuries which did not incapacitate him

nor required medical assistance

Prision Correccional in Maximum Period

(4y, 2m & 1d~6y)

Maximum penalty may be imposed whe

n:
Recruitment is accompanied by force, violence, threat, intimidatio
n, or deceit on the person of the recruit who refuses to join
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
When the recruit, neophyte, or applicant having undergone hazin
g is prevented from reporting the unlawful act to his parents or g
uardians, to the proper school authorities, or to the police author
ities, through force, violence, threat, or intimidation
When the hazing is committed outside the school or institution
When the victim is below twelve (12) years of age at the time of th
e hazing

Penalties
Owner of the place liable as accomplice
Home of one of the officers and members
parents shall be liable as principals whe
n they have actual knowledge
School authorities liable as accomplice w
hen they have actual knowledge and faile
d to prevent
Officers, former officers, alumni of the fra
t, soro, org liable as principals when they
actually planned the hazing although not
present or present but did not prevent th
e same
No mitigating circumstance that there was
no intention to commit so grave a wrong

Famous Hazing Cases

(that never reached the Supreme Court)
Guillo Cesar Servando June 28, 2014
Investigation ongoing

Marc Andre Marcos July 30, 2012

Dismissed

Marvin Reglos February 19, 2012

Settled

Chester Paulo Abracias August 7, 2008

One of the accused filed motion to have provisions
of the Anti- Hazing law declared as unconstitutiona
l

Cris Anthony Mendez August 27, 2007

pending

Alex Icasiano 1998

Some accused were convicted

RA 10627: ANTI-BULLYING ACT OF

2013

Video

What is Bullying?
Severe, repeated use of
:

Written
Verbal
Electronic Expression
Physical Act or Gesture

By one student to anot

her
Effect:
Placing the latter in reaso
nable fear of physical or e
motional harm or damag
e to his property

Acts of Bullying
Unwanted physical contact

Punching
Pushing
Shoving
Kicking
Slapping
Tickling
Headlocks
Inflicting school pranks
Teasing
Fighting
Use of objects as weapons

Acts causing damage to a victims psyche and/or emotional well-being

Slanderous statement
Cyber-bullying or any bullying through electronic means

Prohibited Acts
Bullying on:
School grounds
Property immediately adjacent to school grounds
School buses

Bullying at:
School-sponsored or school-related activities, functions, programs
Location, activity, function, or program that is not school-related
School bus stops

Bullying through:
Use of technology leased or used by a school

Retaliation against a person who:

Provides information during an investigation of bullying
Is a witness or has reliable information about bullying

Anti-Bullying Policies
Identify range of disciplinary administrative actions that may be tak
en against a perpetrator
Perpetrator to undergo rehabilitation program
Establish clear procedures & strategies for:

Reporting acts of bullying or retaliation

Responding promptly to and investigating reports of bullying
Restoring sense of safety for a victim
Protecting from bullying or retaliation
Providing counseling or referral to appropriate services

Enable students to anonymously report bullying or retaliation

Subject a student to knowingly makes a false accusation of bullying
to disciplinary administrative action
Educate students on the dynamics of bullying
Educate parents & guardians on the dynamics of bullying
Maintain a public record of relevant information and statistics

Mechanisms
Notify the law enforcement agenc
y if the school principal or design
ee believes that criminal charges
under the Revised Penal Code ma
y be pursued against the perpetra
tor;
Take appropriate disciplinary adm
inistrative action;
Notify the parents or guardians of
the perpetrator; and
Notify the parents or guardians of
the victim regarding the action tak
en to prevent any further acts of
bullying or retaliation.

Reporting Requirement
All schools shall inform their respective school division s
uperintendents in writing about the anti-bullying policie
s formulated within six (6) months
Every first week of the school year: schools shall submit
a report to their respective school division superintende
nts all relevant information and statistics on acts of bully
ing or retaliation.

RA 6972: Barangay Level

Total Development and Protection of Children Act

Declaration of Policy
Defend the right of children t
o:
Assistance
Proper care and nutrition
Special protection against all for
ms of neglect, abuse, cruelty, exp
loitation, and other conditions pr
ejudicial to their development

Coverage:
Filipino children up to six (6) year
s of age

Program Framework
Monitoring of registration of births and completion of the immunization series f
or the prevention of tuberculosis, diptheria, tetanus, measles, poliomyelitis, and
other diseases
Growth and nutritional monitoring with supplementary feeding
Care for children of working mothers
Materials and network of surrogate mothers-teachers who will provide intellect
ual and mental stimulation to the children
A sanctuary for abused, neglected, or exploited children
A referral and support system for pregnant mothers for prenatal and neonatal c
are
Support system and network of assistance from among the members of the bar
angay for the total development and protection of children

Implementation
Implementing Agency Barangay
Functions of the DSWD
Formulate the criteria for the selection, qualific
ations, training
Coordinate activities of NGOs
Protect and assist abused, neglected, or exploit
ed children

Funds for the Center, Program, and Day

Care Workers
Appropriated from national budget
Province, city, or municipality shall provide fina
ncial assistance
Barangay day care workers shall receive a mon
thly allowance of not less than Five Hundred (5
00) Pesos
A portion of health programs available to the P
hilippines under official aid or official debt arra
ngements with foreign countries shall be exten
ded in support of day care centers

RA 10533: Enhanced Basic Education

Act of 2013

Salient Features

Coverage
Primary Education 6 years
Junior HS 4 years
Senior HS 2 years

Jurisprudence

Ebralinag vs.
Division Superintendent of Schools of Cebu
Facts:
Members of Jehovahs Witness refused to sing the Philippine
National Anthem, salute the flag, and recite the Patriotic Pled
ge
Issue:
W/N expulsion of the members of Jehovahs Witness from th
e schools violates right to receive free education
Held:
The expulsion of members of Jehovah's Witnesses from the s
chools where they are enrolled will violate their right as Phili
ppine citizens, under the 1987 Constitution, to receive free e
ducation, for it is the duty of the State to "protect and promo
te the right of all citizens to quality education . . . and to mak
e such education accessible to all

Alcuaz vs PSBA
Facts:
Petitioners are students of PSBA who participated in mass assemblies. They w
ere subsequently blacklisted and denied admission for the second semester.
Issue:
W/N there has been deprivation of due process for petitioners who have been
barred from re-enrollment on account of their participation in rallies against t
he school administration
Held:
Termination of contract theory
A student once admitted by the school is considered enrolled for one semeste
r. It is thus evident that after the close of the first semester, the PSBA no longe
r has an existing contract with the student.
The contract having been terminated, there is no more contract to speak of. Th
e school cannot be compelled to enter into another contract with said student
s.

Alcuaz vs PSBA (Dissenting Opinio

n)
Sarmiento
Education is a concern impressed with a public interest,
It is a matter of State policy, a policy enshrined in the Co
nstitution, to "protect and promote the right of all citize
ns to qualify education at all levels and shall take appro
priate steps to make such education accessible to all.

Non Et Al vs. Danes II Et Al

Facts:
Petitioners are students of Mabini Colleges. They were not allowed to re-e
nroll by the school for leading or participating in student mass actions agai
nst the school in the preceding semester
Issue:
W/N students may be denied their right to education as a form of disciplin
ary action
Held:
1. The student does not shed his constitutionally protected rights at the s
choolgate
2. Permissible limitations on student exercise of constitutional rights withi
n the school
3. Academic Freedom not a ground for denying students rights
4. Termination of Contract Doctrineoverturned

Villareal vs People
(Lenny Villa case)
Facts:
February 1991- 7 freshmen law students of ADMU signified their
intention to join the Aquila Legis fraternity. They were met by m
embers of AL at the lobby of Ateneo Law. They were informed th
at there will be physical beatings and that they can quit anytime.
The rites were scheduled to last 3 days. They were subjected to t
raditional Aquilan initiation rites such as the Indian Run, Bicol
Express, Rounds, Auxies Privilege Round, rough basketball, c
omic plays, and other forms of paddling. Lenny received several
blows, one of which was so strong that it sent him sprawling to t
he ground. When they were already sleeping, the neophytes wer
e roused by Lennys shivering and mumblings. He was brought t
o the hospital but was pronounced dead on arrival.

Villareal vs People
(Lenny Villa case)
No crime without a law punishing it
Thus, having in mind the potential conflict between the proposed law and the
core principle ofmala in seadhered to under theRevised Penal Code, Congre
ss did not simply enact an amendment thereto. Instead, it created a special la
w on hazing, founded upon the principle of mala prohibita. This dilemma face
d by Congress is further proof of how the nature of hazing unique as again
st typical crimes cast a cloud of doubt on whether society considered the a
ct as an inherently wrong conduct ormala in seat the time.
Consequently, the collective acts of the fraternity members were tantamount
to recklessness, which made the resulting death of Lenny a culpable felony. It
must be remembered that organizations owe to their initiates a duty of care n
ot to cause them injury in the process.With the foregoing facts, we rule that t
he accused are guilty of reckless imprudence resulting in homicide. Since the
NBI medico-legal officer found that the victim's death was the cumulative effe
ct of the injuries suffered, criminal responsibility redounds to all those who di
rectly participated in and contributed to the infliction of physical injuries

Villareal vs People
(Lenny Villa case)
Our finding of criminal liability for the felony of reckless
imprudence resulting in homicide shall cover only accus
ed Tecson, Ama, Almeda, Bantug, and Dizon. Had the An
ti-Hazing Law been in effect then, these five accused frat
ernity members would have all been convicted of the cri
me of hazing punishable byreclusion perpetua(life impr
isonment).Since there was no law prohibiting the act of
hazing when Lenny died, we are constrained to rule acco
rding to existing laws at the time of his death.

Thank you!