QuestionsQuestions (Republic Act No. 8049)
Hazing is an initiation rite or practice as a prerequisite for admission into membership by placing the recruit/neophyte/applicant in embarrassing or humiliating situations such as forcing menial, silly, foolish tasks, or otherwise subjecting the person to physical or psychological suffering or injury.
“Organization” includes any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or the officer and cadet corps of the Citizen’s Military Training/Citizen’s Army Training.
No. The physical, mental, and psychological testing/training procedures and practices approved by the Secretary of National Defense and the National Police Commission, duly recommended by the proper AFP/PNP authorities, are not considered hazing for purposes of the Act.
There must be prior written notice to school authorities or head of organization seven (7) days before the initiation.
It must indicate the period of initiation activities (not exceeding three (3) days), include the names of those to be subjected to the activities, and contain an undertaking that no physical violence will be employed.
At least two (2) representatives of the school or organization must be assigned to be present, and their duty is to ensure that no physical harm of any kind is inflicted upon the recruit/neophyte/applicant.
If the victim suffers physical injury or dies as a result, those officers and members who actually participated in inflicting the physical harm are liable as principals.
Reclusion perpetua.
Reclusion perpetua.
Reclusion temporal (maximum period).
Reclusion temporal (medium period) if the victim loses speech/hearing/smell, loses an eye/hand/foot/arm/leg or the use thereof, or becomes incapacitated for habitual activity/work.
Reclusion temporal (minimum period).
Reclusion temporal minimum categories cover >90 days. For 30+ days: prision mayor maximum; for 10+ days (or medical attendance 10+ days): prision mayor medium; for 1–9 days (or medical attendance 1–9 days): prision mayor minimum; if physical injuries do not prevent habitual activity/work and do not require medical attendance: prision correccional maximum.
Responsible officials of the school or the police/military/citizen’s army training organization may impose appropriate administrative sanctions on the persons charged even before conviction.
Maximum penalty applies when: (1) recruitment includes force/violence/threat/intimidation/deceit for refusal to join; (2) initial consent is obtained but upon learning hazing will occur, the recruit is prevented from quitting; (3) after undergoing hazing, the victim is prevented from reporting to parents/guardians, proper school authorities, or police through force/violence/threat/intimidation; (4) hazing is committed outside the school/institution; or (5) the victim is below 12 years old at the time of hazing.
The owner of the place is liable as an accomplice when he has actual knowledge and failed to take action to prevent. If hazing is in an officer/member’s home, parents are liable as principals when they have actual knowledge and failed to prevent. School authorities (including faculty members) who consent or have actual knowledge but fail to act are punished as accomplices.
Presence is prima facie evidence of participation as a principal unless the person prevented the commission of the acts punishable under the section.
No. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.