QuestionsQuestions (Republic Act No. 11053)
“Hazing” refers to any act that results in physical or psychological suffering, 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 requirement for continuing membership in a fraternity, sorority, or organization. It includes, among others, paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of food/liquor/drugs/substances, brutal treatment, forced physical activity likely to adversely affect health, and activities (by one person or with others) that tend to humiliate, embarrass, degrade, abuse, or endanger by requiring mental/silly/foolish tasks.
“Initiation or Initiation Rites” refers to ceremonies, practices, rituals, or other acts—formal or informal—that a person must perform or take part in to be accepted into a fraternity/sorority/organization as a full-fledged member. It includes such acts in all stages of membership. It is important because hazing prohibitions and regulatory requirements apply specifically to initiation rites.
It covers fraternities, sororities, and organizations in schools, including those under the CTs/Uniformed service learning institutions (AFP, PNP, PMA, PNPA, and similar). It also applies to non-school-based organizations, such as community-based and other similar organizations, with additional barangay/city registration and permit requirements.
All forms of hazing are prohibited in fraternities, sororities, and organizations in schools, and the prohibition likewise applies to other non-school-based fraternities/sororities/organizations.
RA 11053 provides that the physical, mental, and psychological fitness procedures of prospective regular members of the AFP and PNP (as approved by the Secretary of National Defense and the National Police Commission, with proper recommendations) are not considered hazing for purposes of the Act. Similar exceptions apply to procedures approved by other uniformed learning institutions. However, the Act also clarifies that the provisions do not apply to customary athletic events/contests/competitions or other activities that further legal and legitimate objectives, subject to prior submission of medical clearance/certificates.
Only initiation rites/practices that do not constitute hazing are allowed. For school-based rites, a written application must be filed with proper school authorities at least 7 days prior, stating place/date and names of recruits/neophytes/applicants and manner of initiation; with an undertaking that no harm will be committed; initiation rites must not exceed 3 days; include names of incumbent officers and persons in charge; be under oath and include proof of posting in official and conspicuous bulletin boards; and the application must remain posted from submission until 3 days after the rites.
School officials must disapprove non-conforming applications and may impose disciplinary sanctions after due notice and summary hearing, including sanctions to the head and officers for conducting initiation without required approval. Members who participated in unauthorized initiation rites may also be punished even if no hazing was conducted.
The head of the school or authorized representative must assign at least two school representatives to be present. Their duty is to ensure no hazing is conducted and to document proceedings. They then report to appropriate school officials. If hazing occurs despite their presence, they are not liable unless it is proven they failed to perform an overt act to prevent or stop the hazing.
No. Any form of approval/consent/agreement or express waiver of the right to object, made prior to an initiation involving hazing as defined, is void and without binding effect. Further, consent is not a valid defense for persons prosecuted under the Act.
Responsible officials may impose appropriate administrative sanctions after due notice and summary hearing on persons charged under the Act even before their conviction.
If, as a consequence of hazing, death, rape, sodomy, or mutilation results, the penalty is reclusion perpetua and a fine of P3,000,000.00 for those who actually planned or participated in the hazing.
Examples include: (1) persons who actually planned or participated in the hazing (and officers present during hazing are also included under this penalty tier); (2) fraternity/sorority advisers present when hazing acts occurred who failed to prevent or promptly report; (3) former officers/nonresident members/alumni present during the hazing; (4) officers or members who knowingly cooperated by inducing the victim to be present; (5) members present while intoxicated or under influence of alcohol/illegal drugs; and similar persons expressly enumerated in the text.
The penalty is reclusion temporal in its maximum period and a fine of P1,000,000.00 for all persons who are present during the conduct of the hazing.
The penalty is reclusion temporal and a fine of P1,000,000.00 for former officers/nonresident members/alumni who, after commission of prohibited acts, perform any act to hide, conceal, or hamper or obstruct investigation.
A fine of P1,000,000.00 may be imposed on the school if the fraternity/sorority filed a written application later approved by the school and hazing occurred during the initiation rites or when no school representatives were present as required. The text also provides for administrative/accomplice accountability of school authorities and barangay/municipal/city officials if they allowed/consented or had actual knowledge of hazing and failed to act to prevent or report without peril.
The owner or lessee of the place where hazing is conducted is liable as principal if they have actual knowledge of hazing and failed to prevent or promptly report without peril. If hazing is held in an officer/member’s home, parents are liable as principals when they have actual knowledge and similarly failed to prevent or promptly report without peril. The common element is “actual knowledge” plus failure to act.
They must submit a written application to the punong barangay or the city/municipal mayor at least 7 days prior, with details on place/date and names of recruits/neophytes/applicants, an undertaking of no harm, and a medical certificate if physical activity not falling under hazing definition is involved. The initiation must not exceed 3 days; include names of incumbent officers and persons in charge; the application must be under oath with proof of posting in relevant bulletin boards; and posted from submission until 3 days after the rites.
Existing and newly established fraternities/sororities/organizations (not created/organized by the school) with student members or recruiting students must register with proper school authorities before conducting activities (on or off-campus). New organizations must register immediately during the semester/trimester established/organized. Upon registration, they must submit and update member rosters within 30 days from start of every semester/trimester. Failure to register/update results in cancellation of registration, and officers may face disciplinary penalties. This registration framework connects to compliance and monitoring, and noncompliance can be used as basis for sanctions.