Anti-Hazing Act of 2018

Case Overview and Summary

Summary of Republic Act No. 11053 (Anti-Hazing Act of 2018)

Definitions (Section 2):
- Hazing: Any act resulting in physical or psychological harm as part of initiation rites.
- Initiation Rites: Ceremonies or acts to gain membership in a group.
- Organization: Includes clubs, fraternities, sororities, AFP, PNP, PMA, PNPA.
- Schools: Colleges, universities, and educational institutions.

Prohibition on Hazing (Section 3):
- All forms of hazing are prohibited in school and non-school organizations.
- Exception for physical testing of AFP and PNP recruits approved by authorities.

Regulation of School-Based Initiation Rites (Section 4):
- Only non-hazing initiation rites allowed with prior written application.
- Application requirements: date, place, names, manner of conduct, undertaking of no harm.
- Initiation rites limited to 3 days, with school representatives monitoring.
- Disciplinary sanctions for unauthorized initiation or false information.

Monitoring of Initiation Rites (Section 5):
- School must assign at least 2 representatives to monitor and document proceedings.
- Representatives not liable if hazing occurs unless they failed to prevent it.

Registration of School Organizations (Section 6):
- All school organizations must register with school authorities.
- New organizations must register in the same semester they are established.
- Must submit and update member lists; failure leads to cancellation of registration.

Faculty Adviser (Section 7):
- School organizations must have a non-member faculty adviser.
- Adviser presumed to have knowledge and consent to violations.

Role of Educational Institutions (Section 8):
- Schools must exercise reasonable supervision over students.
- Conduct information campaigns and orientation programs on hazing.
- Encourage organizations to engage in positive activities.

Registration of Community Organizations (Section 9):
- Community organizations must register with local government units.
- Must submit and update member lists.

Regulation of Community Initiation Rites (Section 10):
- Only non-hazing initiation rites allowed with prior written application.
- Application requirements similar to school organizations.
- Medical certificate required for physical activities.

Monitoring of Community Initiation Rites (Section 11):
- Local officials must assign at least 2 representatives to monitor and document proceedings.
- Representatives not liable if hazing occurs unless they failed to prevent it.

Nullity of Waiver and Consent (Section 12):
- Any waiver or consent to hazing by recruits is void and has no effect.
- Consent is not a defense for hazing.

Administrative Sanctions (Section 13):
- School and law enforcement officials may impose administrative sanctions before conviction.

Penalties (Section 14):
- Reclusion perpetua and P3,000,000 fine if hazing results in death, rape, sodomy, or mutilation.
- Reclusion perpetua and P2,000,000 fine for planners, participants, officers present, advisers, alumni present, intoxicated members.
- Reclusion temporal maximum and P1,000,000 fine for those present during hazing.
- Reclusion temporal and P1,000,000 fine for covering up hazing.
- Prision correccional minimum for vexation in recruitment.
- P1,000,000 fine for schools if hazing occurs during approved initiation.
- Owners/lessees liable if they had knowledge but failed to act.
- Parents liable if hazing occurred at home with their knowledge.
- School/local officials liable as accomplices if they allowed or failed to prevent hazing.
- Presence is prima facie evidence of participation unless prevented or reported.
- No mitigating circumstance for lack of intent.
- Conviction reflected in scholastic/employment record.

Implementing Rules and Regulations (Section 15):
- To be promulgated by CHED, DepEd, DOJ, DILG, DSWD, AFP, PNP, NYC within 90 days.