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University of San Jose-Recoletos: Civic Welfare Training Service

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University of San Jose-Recoletos


National Service Training Program
Civic Welfare Training Service
Cebu City

[Republic Act No. 11053]


AN ACT PROHIBITING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES,
SORORITIES AND ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 8049, ENTITLED “AN ACT REGULATING HAZING AND OTHER FORMS
OF INITIATION RITES IN FRATERNITIES, SORORITIES AND ORGANIZATIONS AND PROVIDING
PENALTIES THEREFOR “

Section 1. A new section to be denominated as Section 1 is hereby inserted in Republic Act.


No. 8049. To read as Follows:

Section 1. Short title – This act shall be known as the “Anti-Hazing Act of 2018”

SEC. 2 Section 1 of the same Act is herby amended to read as follows:

“SEC. 2. Definition of Terms. – As used in this Act:

“(a) Hazing refers to any act that results in physical or psychological sufferings, harm, or
injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or
practice made as a prerequisite for admission or a requirement for continuing membership in
a fraternity, sorority, or organization including, but not limited to, paddling, 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
and psychological health of such recruit, neophyte, applicant, or member. This shall also
include any activity, intentionally made or otherwise by one person alone or acting with
others, that tends to humiliate or embarrass, degrade, abuse, or endanger, by requiring a
recruit, neophyte, applicant or member to do menial, silly, or foolish tasks.

“(b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts,
whether formal or informal, that a person must perform or take part in order to be accepted
into a fraternity, sorority, or organization as a full-fledged member. It includes ceremonies,
practices, rituals, and other acts in all stages of membership in a fraternity, sorority or
organization.

“(c) Organization refers to an organized body of people which includes, but is not
limited to, any club, association, group, fraternity, and sorority. This term shall include the
Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the Philippine
Military Academy (PMA), the Philippine National Police Academy (PNPA), and other similar
uniformed service learning institutions.

“(d) Schools refer to colleges, universities, and all other educational institution.”

SEC. 3. A new section to be denominated as Section 3 hereby inserted in the same Act to
read as follows:
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“SEC. 3. Prohibition on Hazing. – All forms of hazing shall be prohibited in fraternities,


sororities, and organization In schools, including citizens’ military training and citizens’ army
training. This prohibition shall likewise apply to all other similar fraternities, sororities, and
organizations that are not school-based, such as community-based and other similar
fraternities, sororities and organizations: Provided, That the physical, mental, and
psychological testing and training procedures and practices to determine and enhance the
physical, mental, and psychological fitness of prospective regular members of the AFP and
the PNP as approved by the Secretary of National Defense and the National Police
Commission, duly recommended by the Chief of Staff of the AFP and the Director General of
the PNP, shall not be considered as hazing for purposes of this Act: Provided, further, That the
exception provided herein shall likewise apply to similar procedures and practices
approved by the respective heads of other uniformed learning institutions as to their
prospective member, nor this provision apply to any customary athletic events or other
similar contests or competitions or any activity or conduct that furthers a legal and legitimate
objective, subject to prior submission of medical clearance or certificate.

“In no case shall hazing be made a requirement for employment in any business or
corporation.”

SEC. 4. Section 2 of the same Act is hereby amended to read as follows:

“SEC. 4. Regulation of School-Based Initiation Rites. – Only initiation rites or practices


that do not constitute hazing shall be allowed: Provided, That:

“(a) A written application to conduct initiation rites shall be made to the proper
authorities of the school not later than seven (7) days prior to the scheduled initiation date;

“(b) The written application shall indicate the place and date of the initiation rites and
the names of the recruits, neophytes, or applicants to be initiated and the manner by which
they will conduct the initiated and the manner by which they will conduct the initiation rites.

“(c) Such written application shall further contain an undertaking that no harm of any
kind shall be committed by anybody during the initiation rites:

“(d) The initiation rites shall not last more than three (3) days:

“(e) The application shall contain the names of incumbent officers of the fraternity,
sorority, or organization and any person or persons who will take charge in the conduct of
the initiation rites.

“(f) The application shall be under oath with a declaration that it has been posted in
the official school bulletin board, the bulletin board of the office of the fraternity, sorority, or
organization, and two (2) other conspicuous places in the school or in the premises of the
organization; and

“(g) The application shall be posted from the time of submission of the written notice
to the school authorities or head of organization and shall only be removed from its posting
three (3) days after the conduct of the initiation rites.

“ The school, fraternity, sorority, or organization shall provide for their respective bulletin
boards for purposes of this section.
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“Guidelines for the approval or denial of the application to conduct initiation rites by a
registered fraternity, sorority, or organization shall be promulgated by the appropriate school
officials no later than sixty (60) days after the approval of this Act. The appropriate school
authorities shall have the obligation to disapprove the application to conduct initiation rites
that do not conform with any of the requirements of this section, and the reasons thereof
shall be stated clearly and in unequivocal terms in a formal advice to the fraternity, sorority,
or organization concerned, taking into consideration the safety ad security of participants in
the activity.

“School officials shall have the authority to impose, after due notice and summary
hearing, disciplinary sanction, in accordance with the schools guidelines and regulation on
the matter which shall include but shall not be limited to reprimand, suspension, exclusion or
expulsion, to the head and all other officers if the fraternity, sorority, or organization which
conducts an initiation without first securing the necessary approval of the school as required
under this section. All members of the fraternity, sorority or organization who participated in
the unauthorized initiation rites, even if no hazing was conducted, shall also be punished
accordingly.

“In case the written application for the conduct of initiation rites contains false or
inaccurate information, appropriation disciplinary sanction in accordance with the schools
guidelines and regulation shall be imposed, after due notice and summary healing, against
the person who prepared the application or supplied the false and inaccurate information
and to the head and other officers of the fraternity, sonority or organization concerned.”

SEC. 5. Section 3 of the same Act is hereby amended to read as follows:

“SEC. 5. Monitoring of Initiation Rites. – The head of the school or an authorized


representative must assign at least two (2) representatives of the school to be present during
the initiation. It is the duty of the school representatives to see to it that no hazing is
conducted during the initiation rites, and to document the entire proceedings. Thereafter,
said representatives who were present during the initiation shall make a report of the
initiation: Provided, That if hazing is still committed despite their presence, no liability shall
attach to them unless it is proven that they failed to perform an overt act to prevent or stop
the commission thereof.”

SEC. 6. A new section to be denominated as Section 6 is hereby inserted in the same


Act to read as follows:

“SEC. 6. Registration of Fraternities, Sororities and Other Organization. – All existing


fraternities, sororities, and other organization otherwise not created pr organized by the
school but has existing members who are students or plans to recruit students to be its
members shall be required to register with the proper school authorities before it conduct
activities whether on or off-campus, including recruitment of members.

“A newly established fraternity, sorority, or organization in a school shall immediately


register with the proper school authorities during the semester or trimester in which it was
established or organized: Provided, That the new fraternity, sorority or organization has
complied with the requirements prescribed by the school in establishing a fraternity, sorority,
or organization: Provided, further, That schools shall promulgate their guidelines in the
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registration of fraternities, sororities, and organization within their jurisdiction not later than
sixty (60) days from the approval this Act.

“Upon registration, all fraternities, sororities, and organization shall submit a


comprehensive list of member, which shall be updated no later than thirty (30) days from the
start of every semester or trimester, depending on the academic calendar of the school.

“School officials shall have the authority to impose, after due notice and summary
hearing, disciplinary penalties in accordance with the school’s guidelines and regulations on
the matter including suspension to the head and other officers of the fraternity, sorority, or
organization who fail to register or update their roster of members as required under this
section.

“failure to comply with any of the requirements in this section shall result in the
cancellation of the registration of the fraternity, sorority, or organization.

SEC. 7. A new section to be denominated as Section 7 is hereby inserted in the same Act not
read as follows:

“SEC. 7 Faculty Adviser. – Schools shall require all fraternities, sororities and
organization, as a condition to the grant of accreditation or registration, to submit the name
or names of their respective faculty adviser or advisers who must now be member of the
respective fraternity, sorority, or organization. The submission shall also include a written
acceptance or consent on the part of the selected faculty adviser or advisers.

“The faculty adviser or advisers shall be responsible for monitoring the activities of the
fraternity, sorority, or organization. Each faculty adviser must be duly recognized active
member in good standing of the faculty at the school in which the fraternity, sorority, or
organization is established or registered.

“In case of violation of any of the provisions of this Act, it is presumed that the faculty
adviser has knowledge and consented to the commission of any of the unlawful acts stated
therein.”

SEC. 8. A new section to be denominated as Section 8 is hereby inserted in the same Act to
read as follows:

“SEC. 8. Role of Educational Institutions. – The responsibility of schools to exercise


reasonable supervision in loco parentis over the conduct of its students requires the diligence
that prudent parents would employ in the same circumstance when disciplining and
protecting their children. To this end, it shall be the duty of schools to take more proactive
steps to protect its students from the dangers of participating in activities that involve hazing.

“Schools shall implement an information dissemination campaign at the start of every


semester or trimester to provide adequate information to students and parents or guardians
regarding the consequences of conducting and participating in hazing.

“An orientation program relating to membership in a fraternity, sorority, or organization


shall also be conducted by schools at the start of every semester or trimester.
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“Schools shall encourage fraternities, sororities and organization to engage in


undertakings that foster holistic personal growth and development and activities that
contribute to solving relevant and pressing issues of society.”

SEC. 9. . A new section to be denominated as Section 8 is hereby inserted in the same Act to
read as follows:

SEC 9. Registration of Community-Based and Other Similar Fraternities, Sororities, or


Organization. – All new and existing community- based fraternities, sororities, or organizations,
including their respective local chapters, shall register with the barangay, municipality, or city
wherein they are primarily based.

“Upon registration, all community-based fraternities, sororities, or organization,


including their respective local chapters, shall submit a comprehensive list of members and
officers which shall be updated yearly from the date of registration.”

SEC. 10. . A new section to be denominated as Section 10 is hereby inserted in the same Act
to read as follows:

“SEC. 10 Regulation of Initiation Rites for Community-Based Fraternities, Sororities, or


Organization. – Only initiation rites or practices that do not constitute hazing shall be allowed:
Provided, That:

“(a) A written application to conduct the same shall be made to the punong
barangay in the barangay or the municipal or city mayor in the municipality or city where
the community-based fraternity, sorority or organization is based, not later than seven (7)
days prior to the scheduled initiation date:

“(b) The written application shall indicate the place and date of the initiation rites and
the names of the recruits, neophytes, or applicants to be initiated;

(c) such written application shall further contain an undertaking that no harm of any kind
shall be committed bu anybody during the initiation rites;

“(d) A medical certificate of the recruit, neophytes, or applicant must be attached to


the application to ensure fitness to undergo initiation when it involves physical activity not
falling hinder the definition of hazing as used in this Act;

“(e) The initiation rites shall now last more than three (3) days:

“(f) The application shall contain the names of the incumbent officers of the
community-based fraternity, sorority, or organization and any person or persons who will take
charge in the conduct of the initiation rites:

“(g) The application shall be under oath with a declaration that it has been posted on
the official bulletin board of the barangay hall or the municipal or city hall where the
community-based fraternity, sorority, or organization is based, and on the bulletin board of
the office of the community-based fraternity, sorority, or organization: and

“(h) The application shall be posted from the time of submission of the written notice to
the punong barangay or municipal or city mayor and shall only be removed from its posting
three (3) days after the conduct of the initiation rites. “
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SEC. 11. . A new section to be denominated as Section 11 is hereby inserted in the same Act
to read as follows:

“SEC. 11. Monitoring of Initiation Rites if Community-Based and All Similar Fraternities,
Sororities, or Organization. – The punong barangay of the barangay or the municipal or city
mayot of the municipality or city where the community-based fraternity, sorority, or
organization is based must assign at least two (2) barangay or municipal or city officials to be
present during the initiation and to document the entire proceedings. Thereafter, said
representatives who were present during the initiation shall make a report of the initiation
rites to the punong barangay, or the municipal or city mayor regarding the conduct of the
initiation: Provided, That if hazing is still committed despite their presence, no liability shall
attach to them unless it is proven that they failed to perform an overt act to prevent or stop
the commission thereof.”

SEC. 12 . A new section to be denominated as Section 12 is hereby inserted in the same Act
to read as follows:

“SEC. 12. Nullity of waiver and Consent, - Any form of approval, consent or agreement,
whether or written or otherwise, or of an express waiver of the right to object to the initiation
rite or proceeding which consists of hazing, as defined in this Act made by a recruit,
neophyte, or applicant prior to an initiation rite that involves inflicting physical or
psychological suffering, harm or injury shall be void and without any binding effect on the
parties.

“The defense that the recruit, neophyte or applicant consented to being subjected to
hazing shall not be available to persons prosecuted under this Act.”

SEC. 13. . A new section to be denominated as Section 13 is hereby inserted in the same Act
to read as follows:

“SEC. 13. Administrative Sanctions. – The responsible officials of the school, the
uniformed learning institutions, the AFP or the PNP may impose the appropriate
administrative sanctions, after due notice and summary hearing, on the person or the
persons charged under this Act even before their conviction.”

SEC. 14. Section 4 of the same Act hereby amended to read as follows:

“SEC. 14. Penalties. – The Following penalties shall be imposed:

“(a) The penalty of reclusion perpetua and a fine of Three million pesos (Php.
3,000,000.00) shall be imposed upon those who actually planned or participated in the
hazing if as consequence of the hazing, death, rape, sodomy, or mutilation results therefrom;

“(b) The penalty of reclusion perpetua and a fine of Two million pesos (Php.
2,000,000.00) shall be imposed upon:

“(1) All persons who actually planned or participated in the conduct of the hazing;

“(2) All officers of the fraternity, sorority or organization who are actually present during
the hazing;
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“(3) The adviser of a fraternity, sorority, or organization who is present when the acts
constituting the hazing were committed and failed to take action to prevent the same from
occurring or failed to promptly report the same to the law enforcement authorities if such
adviser or advisers can do so without peril to their person or their family;

“(4) All former officers, nonresident members, or alumni of the fraternity, sorority, or
organization who are also present during the hazing: Provided, That should the former officer,
nonresident member, or alumnus be a member of the Philippine Bar, such member shall
immediately be subjected to disciplinary proceedings by the Supreme Court pursuant to its
power to discipline members of the Philippine Bar: Provided, further, That should the former
officer, nonresident member, or alumnus belong to any other profession subject to regulation
by the Professional Regulation Commission (PRC),such professional shall immediately be
subjected to disciplinary proceedings by the concerned Professional Regulator Board, the
impossible penalty for which shall include, but is not limited to, suspension for a period of not
less than three (3) years revocation of the professional license pursuant to this section may
be reinstated upon submission of affidavits from at least three (3) disinterested persons, good
moral certification from different unaffiliated and credible government, religious, and socio-
civic organizations, and such other relevant evidence to show that the concerned
professional has become morally fit for readmission into the profession: Provided, that said
readmission into the profession shall be subject to the approval of the respective Professional
Regulatory Board;

“(5) Officers of members of the fraternity, sorority or organization who knowingly


cooperated in carrying out the hazing by including the victim to be present thereat; and

“(6) Members of the fraternity, sorority, or organization who are present during the
hazing when they are intoxicated or under the influence of alcohol or illegal drugs;

“(c) The penalty of reclusion temporal in its maximum period and a fine of One Million
pesos (Php. 1,000,000.00) shall be imposed upon all persons who are present in the conduct
of the hazing;

“(d) The Penalty of reclusion temporal and a fine of One Million pesos (Php.
1,000,000.00) shall be imposed upon former officers, nonresident members, or alumni of the
fraternity, sorority, or organization acts proscribed herein, will perform any act to hide,
conceal, or otherwise hamper to obstruct any investigation that will be conducted
thereafter: Provided, that should the former officer, nonresident member, or alumnus be a
member of the Philippine Bar, such member shall immediately be subjected to the
disciplinary proceedings by the Supreme Court pursuant to its power to its power to
discipline members of the Philippine Bar: Provided further, That should the former officer,
nonresident member, or alumnus belong to any profession subject to regulation by the PRC,
such professional shall immediately be subjected to disciplinary proceedings by the
concerned Professional Regulatory Board, the imposable penalty for which shall include, but
is not limited to suspension for a period of not less than three (3) years or revocation of the
professional license. A suspended or revoked professional license pursuant to this section
may be reinstated upon submission of affidavits from at least three (3) disinterested persons,
good moral certifications from different unaffiliated and credible government, religious, and
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socio-civic organizations, and such other relevant evidence to show that the concerned
professional has become morally fit for readmission into the profession: Provided, that said
Readmission into the profession shall be subject to the approval of the respective
Professional Regulatory Board.”

“(e) The penalty of prision correccional in its minimum period shall be imposed upon
any person who shall intimidate, threaten, force, or any employ, or administer any form of
vexation against another person for the purpose of recruitment in joining or organization. The
persistent and repeated proposal or invitation made to a person who had twice refused to
participate or join the proposed fraternity, sorority, or organization, shall be prima facie
evidence or vexation for purposes of this section; and

‘’(f) A fine of one million pesos (Php. 1,000,000.00) shall be imposed on the school if
the fraternity, sorority, or organization filed a written application to conduct an initiation
which was subsequently approved by the school and hazing occurred during the initiation
rites or when no representatives from the school were present during the initiation as
provided under Section 5 of this Act; Provided, That if hazing has been committed in
circumvention of the provision of this Act, it is incumbent upon school officials to investigate
motu proprio and take an active role to ascertain factual events and identify witnesses in
order to determine the disciplinary sanctions it may impose as well as provide assistance to
police authorities.’’

“The owner or lessee of the place where hazing is conducted shall be liable as principal and
penalized under paragraphs (a) or (b) of this section when such owner or lessee has actual
knowledge of the hazing conducted therein but failed to take any action to prevent the
same from occurring or failed to promptly report the same to the law enforcement
authorities if they can do so without peril to their person or their family. If the hazing is held in
the home of one of the officers or members of the fraternity, sorority, or organization, the
parents shall be held liable as principals and penalized under paragraphs (a) or (b) hereof
when they have actual knowledge of the hazing conducted therein but failed to take any
action to prevent the same from occurring or failed to promptly report the same to the law
enforcement authorities if such parents can do so without peril to their person or their family.

“ The school authorities including faculty members as well as barangay, municipal or


city officials shall be liable as an accomplice and likewise be held administratively
accountable for hazing conducted by fraternities, sororities, and other organizations, if it can
be shown that the school or barangay, municipal, or city officials allowed or consented to
the conduct of hazing, but such officials failed to take any action to prevent the same from
occurring or failed to promptly report to the law enforcement authorities if the same can be
done without peril to their person or their family.

“The presence of any person, even if such person is not a member of the fraternity,
sorority or organization, during the hazing is prima facie evidence of participation therein as
a principal unless such a person or persons prevented the commission of the acts punishable
herein or promptly reported the same to the law enforcement authorities if they can do so
without peril to their person or their family.

“The incumbent officers of the fraternity, sorority, or organization, concerned shall be


jointly liable with those members who actually participated in the hazing.
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“Any person charged under this Act shall not be entitled to the mitigating
circumstance that there was no intention to commit so grave a wrong.

“This section shall apply to their president, manager, director, or other responsible officer of
businesses or corporations engaged in hazing as a requirement for employment in the
manner provided herein.

“Any conviction by final judgment shall be reflected in the scholastic record, personal, or
employment record of the person convinced, regardless of when the judgment of
conviction has become final.”

SEC. 15 A new section to be denominated as Section 15 is hereby inserted in the same Act to
read as follows:

SEC. 15 Implementing Rules and Regulations (IRR), The Commission of Higher


Education (CHED), together with the Department of Education (DepEd), Department of
Justice (DOJ), Department of the Interior and Local Government (DILG), Department of
Social Welfare and Development (DSWD).

Sec. 16. Separability Clause

– If any provision or part of this act is declared invalid or unconstitutional, the other
parts or provision hereof shall remain valid and effective.

Sec 17. Repealing Clause

- Republic Act 8049 and all other laws, decrees executive orders, proclamations, rules and
regulations, or parts thereof which are inconsistent with a contrary or modified accordingly.

Sec. 18. Effectivity Clause

-This act shall take effect fifteen (15) days after its publication in the Official Gazette or
in at least two (2) national newspapers of general circulation.

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