Question & AnswerQ&A (Republic Act No. 11053)
The short title of Republic Act No. 11053 is the "Anti-Hazing Act of 2018".
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 a requirement for continuing membership. This includes acts like paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of substances, or any brutal treatment or forced physical activity likely to adversely affect their physical and psychological health. It also includes acts intended to humiliate, embarrass, degrade, abuse, or endanger by requiring mental, silly, or foolish tasks.
The Act covers fraternities, sororities, and other organizations, including those based in schools (colleges, universities, and other educational institutions), community-based organizations, as well as uniformed service learning institutions such as the AFP, PNP, PMA, and PNPA.
No forms of hazing are allowed. However, the physical, mental, and psychological fitness tests of prospective regular members of the AFP and PNP and other similar procedures approved by respective officials in uniformed learning institutions are not considered hazing. Also, customary athletic events and contests or activities with legal and legitimate objectives, subject to medical clearance, are exempted.
Initiation rites must: (a) Have a written application submitted to school authorities at least seven days before the initiation date; (b) Indicate the place, date, names of recruits, and the manner of initiation; (c) Contain an undertaking that no harm shall be committed; (d) Last no more than three days; (e) Include names of officers in charge; (f) Be posted on official bulletin boards under oath; and (g) Be publicly posted from submission until three days after the initiation rites.
They shall be punished with reclusion perpetua and a fine of three million pesos (₱3,000,000.00).
Liable persons include officers present during hazing, faculty advisers who failed to stop or report hazing, former officers or alumni present during hazing, members who cooperated or induced victims, intoxicated members present, owners or lessees of the venue with actual knowledge, and school or local officials who allowed or failed to prevent or report hazing.
No, any form of approval, consent, or waiver by a recruit for initiation rites involving hazing is null and void and without binding effect. Consent cannot be used as a defense in prosecution under the Act.
School officials can impose disciplinary actions including reprimand, suspension, exclusion, or expulsion on heads and officers of fraternities, sororities, or organizations that conduct initiation rites without approval. Members who participate in unauthorized initiations may also be punished.
Faculty advisers must be submitted as a condition for registration or accreditation, must be active non-member faculty in good standing, and are responsible for monitoring the activities of the fraternity, sorority, or organization. They can be presumed to have knowledge and consented to unlawful acts if violations occur.