QuestionsQuestions (Republic Act No. 11053)
Under RA 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 required for admission or continued membership. It includes acts such as paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food/liquor/drug/substance, brutal treatment, forced physical activity likely to adversely affect physical and psychological health, and activities intentionally (or otherwise) made to humiliate or embarrass, degrade, abuse, or endanger—by requiring mental/silly/foolish tasks.
RA 11053 defines “initiation” or “initiation rites” as ceremonies, practices, rituals, or other acts (whether 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 acts in all stages of membership.
Yes. The law’s definition of “organization” includes, among others, the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), and other similar uniformed service learning institutions.
All forms of hazing are prohibited in fraternities, sororities, and organizations in schools, including citizens’ military training and citizens’ army training. The prohibition also applies to non-school-based organizations such as community-based ones.
Yes. The physical, mental, and psychological fitness procedures for prospective regular members of the AFP and PNP—if approved by the Secretary of National Defense and the National Police Commission, duly recommended by the AFP Chief of Staff and the PNP Director General—are not considered hazing for purposes of the Act. The exception is also stated to apply to similar procedures approved by heads of other uniformed learning institutions.
The law states that the hazing prohibition does not apply to customary athletic events or similar contests/competitions or any activity/conduct that furthers a legal and legitimate objective, subject to prior submission of a medical clearance or certificate.
No. The law expressly provides that “in no case shall hazing be made a requirement for employment in any business or corporation.”
Among others: (1) a written application to the proper school authorities at least 7 days prior; (2) indicate place/date and names of recruits/neophytes/applicants and the manner of initiation; (3) undertaking that no harm of any kind will be committed; (4) initiation rites not lasting more than 3 days; (5) include names of incumbent officers and persons in charge; (6) application must be under oath and declared posted on official school bulletin board, bulletin board of the organization office, and two other conspicuous places; (7) posting starts upon submission and remains for 3 days after the rites. Schools must promulgate approval/denial guidelines within 60 days.
After due notice and summary hearing, school officials may impose disciplinary sanctions (reprimand, suspension, exclusion, expulsion) on the head and other officers of the fraternity/sorority/organization that conducted the initiation without securing approval. Participants in the unauthorized initiation may also be punished accordingly, even if no hazing was conducted.
The head of the school must assign at least two representatives to be present during the initiation. Their duty is to ensure no hazing is conducted and to document the proceedings, then report to appropriate school officials. If hazing is committed despite their presence, no liability attaches unless it is proven they failed to perform an overt act to prevent or stop the hazing.
For school-based organizations: existing organizations not created by the school but with student members, or planning to recruit students, must register with proper school authorities before conducting activities on or off-campus. Newly established ones must register immediately during the semester/trimester of establishment. They must submit and update a comprehensive list of members (not later than 30 days from start of each semester/trimester). Failure to comply can lead to cancellation of registration. For community-based organizations: they must register with the barangay, municipality, or city where primarily based, and submit/update a comprehensive list yearly.
Schools must require each fraternity/sorority/organization, as a condition for accreditation/registration, to submit the name(s) of a faculty adviser who must not be a member of the organization and must be in good standing as an active faculty member. The adviser must accept in writing. In case of violation, it is presumed that the faculty adviser has knowledge and consented to the commission of unlawful acts stated in the Act.
No. Any form of approval, consent, agreement, or express waiver of the right to object to an initiation rite that consists of hazing is void and without binding effect. Also, the defense that the recruit/neo/applicant consented to being subjected to hazing is not available for persons prosecuted under the Act.
Under Section 13, responsible officials of schools, uniformed learning institutions, and AFP/PNP 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, those who actually planned or participated in the hazing are punished with reclusion perpetua and a fine of PHP 3,000,000.
The law provides a penalty of prision correccional in its minimum period. It also states that persistent and repeated proposals/invitations to a person who twice refused is prima facie evidence of vexation for this purpose.
Yes, administratively. The Act states school authorities (including faculty members) and barangay/municipal/city officials may be held administratively accountable as accomplices if it is shown they allowed/consented to hazing or where there is actual knowledge and they failed to take action or promptly report if they could do so without peril.