ANTI-HAZING LAW

Case Overview and Summary

Summary of Republic Act No. 8049 (Anti-Hazing Law):

Definition of Hazing (Section 1):
- Hazing is an initiation rite or practice for admission into membership in a fraternity, sorority, or organization that involves embarrassing, humiliating, or subjecting the recruit to physical or psychological suffering.
- The term "organization" includes clubs, the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, and officer and cadet corps of the Citizen's Military Training and Citizen's Army Training.
- Physical, mental, and psychological testing procedures for determining fitness of prospective members of the Armed Forces and Philippine National Police are excluded.

Regulation of Initiation Rites (Section 2):
- No hazing or initiation rites shall be allowed without prior written notice to school authorities or head of organization seven (7) days before the conduct.
- The written notice shall indicate the period of initiation activities, not exceeding three (3) days, names of those subjected to the activities, and an undertaking that no physical violence will be employed.

Supervision of Initiation Rites (Section 3):
- The head of the school or organization must assign at least two (2) representatives to be present during the initiation.
- It is the duty of the representatives to ensure that no physical harm is inflicted upon the recruit, neophyte, or applicant.

Penalties for Hazing (Section 4):
- If the victim suffers physical injury or dies, the officers and members who participated in inflicting physical harm shall be liable as principals.
- Penalties range from reclusion perpetua (life imprisonment) for death, rape, sodomy, or mutilation, to prison correccional for physical injuries not requiring medical attention.
- The maximum penalty shall be imposed in certain aggravating circumstances, such as the use of force, violence, threat, intimidation, or deceit, preventing the victim from quitting or reporting, hazing conducted outside the school or institution, or if the victim is below 12 years old.
- Owners of the place where hazing occurred, parents with actual knowledge but failed to prevent it, school authorities who consented or failed to prevent it, officers or alumni who planned the hazing, and advisers present but failed to prevent it shall also be held liable.
- The presence of any person during hazing is prima facie evidence of participation unless they prevented the commission of the acts.

Other Provisions (Sections 5-7):
- If any part of the Act is declared invalid or unconstitutional, the other parts shall remain valid and effective (Section 5).
- All laws, orders, rules, or regulations inconsistent with this Act are amended or repealed accordingly (Section 6).
- The Act shall take effect fifteen (15) calendar days after its publication in at least two (2) national newspapers of general circulation (Section 7).