Anti-Hazing Act of 2018 Summary

Core policy, prohibitions, and coverage

All forms of hazing are prohibited in fraternities, sororities, and organizations in schools, including Citizens Military Training and Citizens Army Training. (Section 3)
The hazing prohibition also applies to other fraternities, sororities, and organizations that are not school-based, including community-based and similar fraternities, sororities, and organizations. (Section 3)
Hazing can never be required for employment in any business or corporation. (Section 3)
Initiation or initiation rites are regulated under the rule that only initiation rites or practices that do not constitute hazing are allowed. (Sections 4 and 10)

Express definitions under the Act

“Hazing” means 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 in a fraternity, sorority, or organization, including paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any brutal treatment or forced physical activity likely to adversely affect the person’s physical and psychological health. (Section 2(a))
Hazing also includes any activity, intentionally made or otherwise, by one person alone or acting with others, that tends to humiliate or embarrass, degrade, abase, or endanger, by requiring a recruit, neophyte, applicant, or member to do mental, silly, or foolish tasks. (Section 2(a))
“Initiation or Initiation Rites” refer to 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, or organization as full-fledged member, and they include ceremonies, practices, rituals, and other acts in all stages of membership. (Section 2(b))
“Organization” refers to an organized body of people which includes, but is not limited to, any club, association, group, fraternity, and sorority, and includes the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), Philippine Military Academy (PMA), Philippine National Police Academy (PNPA), and other similar uniformed service learning institutions. (Section 2(c))
“Schools” refer to colleges, universities, and all other educational institutions. (Section 2(d))

Exceptions and special allowances

Prospective regular members of the AFP and the PNP whose physical, mental, and psychological fitness procedures are approved by the Secretary of National Defense and the National Police Commission, duly recommended by the Chief of Staff of the AFP and the Director General of the PNP, are not considered hazing for purposes of the Act. (Section 3)
The same exception applies to similar procedures and practices approved by the respective heads of other uniformed learning institutions for prospective members. (Section 3)
The Act does not apply to customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective, subject to prior submission of medical clearance or certificate. (Section 3)

Regulation of school-based initiation rites

Only initiation rites or practices that do not constitute hazing are allowed in schools. (Section 4)
A written application to conduct initiation rites must be filed with the proper authorities of the school not later than seven (7) days before the scheduled initiation date. (Section 4(a))
The written application must indicate the place and date, and the names of the recruits, neophytes, or applicants, and the manner by which the rites will be conducted. (Section 4(b))
The application must contain an undertaking that no harm of any kind will be committed by anybody during the initiation rites. (Section 4(c))
The initiation rites must not last more than three (3) days. (Section 4(d))
The application must include the names of the incumbent officers of the fraternity, sorority, or organization and any persons who will take charge in the conduct of the initiation rites. (Section 4(e))
The application must be under oath and must declare that it has been posted on the official school bulletin board, the bulletin board of the office of the fraternity/sorority/organization, and two (2) other conspicuous places in the school or premises of the organization. (Section 4(f))
The application must be posted from submission until removed, and can only be removed three (3) days after the initiation rites. (Section 4(g))
Schools, fraternities, sororities, and organizations must provide their respective bulletin boards for purposes of this section. (Section 4)
Schools must promulgate guidelines for approval or denial of the application not later than sixty (60) days after the approval of the Act. (Section 4)
School authorities must disapprove applications that do not conform with the requirements, and must state the reasons clearly and in unequivocal terms in a formal advice, considering safety and security of participants. (Section 4)
School authorities may impose disciplinary sanctions after due notice and summary hearing, including reprimand, suspension, exclusion, or expulsion, on the head and all other officers who conduct an initiation without first securing approval. (Section 4)
All members who participated in unauthorized initiation rites are punished accordingly even if no hazing was conducted. (Section 4)
If an application contains false or inaccurate information, sanctions ranging from reprimand to expulsion must be imposed after due notice and summary hearing on:
- the person who prepared the application or supplied the false and inaccurate information; and
- the head and other officers of the concerned fraternity/sorority/organization. (Section 4)

School monitoring duties and reporting

The head of the school or an authorized representative must assign at least two (2) school representatives to be present during the initiation rites. (Section 5)
School representatives must ensure that no hazing is conducted and must document the entire proceedings. (Section 5)
School representatives must then report the initiation rites to appropriate school officials regarding the conduct of the initiation. (Section 5)
If hazing is still committed despite their presence, no liability attaches to the representatives unless it is proven that they failed to perform an overt act to prevent or stop the hazing. (Section 5)

Registration of school-based organizations

Existing fraternities, sororities, and other organizations not created or organized by the school but having members who are students, or planning to recruit students, must register with proper school authorities before conducting activities whether on or off-campus, including recruitment. (Section 6)
A newly established school-based fraternity, sorority, or organization must immediately register during the semester or trimester it was established or organized, provided it complied with the school requirements for establishment. (Section 6)
Schools must promulgate registration guidelines within their jurisdiction not later than sixty (60) days from approval of the Act. (Section 6)
After registration, organizations must submit a comprehensive list of members and update it not later than thirty (30) days from the start of every semester or trimester, based on the school’s academic calendar. (Section 6)
School officials may impose disciplinary penalties after due notice and summary hearings for failure to register or update the roster, including suspension to the head and other officers. (Section 6)
Failure to comply with any requirements in this section results in cancellation of the registration. (Section 6)

Faculty adviser requirement and presumption

Schools must require fraternities, sororities, and organizations, as a condition to accreditation or registration, to submit the name or names of their faculty advisers, who must not be members of the respective fraternity/sorority/organization. (Section 7)
The submission must include a written acceptance or consent by the faculty adviser(s). (Section 7)
Faculty advisers must be duly recognized active members, in good standing, of the faculty at the school where the fraternity/sorority/organization is established or registered. (Section 7)
Faculty advisers are responsible for monitoring activities of the fraternity/sorority/organization. (Section 7)
In case of violation of any Act provisions, it is presumed that the faculty adviser has knowledge and consented to the commission of unlawful acts stated in the Act. (Section 7)

Educational institutions’ role and campaigns

Schools must exercise reasonable supervision in loco parentis and must take more proactive steps to protect students from the dangers of participating in hazing-involving activities. (Section 8)
Schools must implement an information dissemination campaign at the start of every semester or trimester to inform students and parents or guardians about the consequences of conducting and participating in hazing. (Section 8)
Schools must conduct an orientation program on membership in a fraternity/sorority/organization at the start of every semester or trimester. (Section 8)
Schools must encourage fraternities/sororities/organizations to undertake activities that foster holistic personal growth and contribute to solving relevant and pressing societal issues. (Section 8)

Community-based registration and local oversight

All new and existing community-based fraternities, sororities, or organizations, including local chapters, must register with the barangay, municipality, or city where they are primarily based. (Section 9)
Upon registration, community-based organizations must submit a comprehensive list of members and officers, updated yearly from the date of registration. (Section 9)
Only initiation rites or practices that do not constitute hazing are allowed for community-based fraternities/sororities/organizations. (Section 10)

Community-based initiation rites procedure

A written application to conduct the initiation rites must be filed with the punong barangay or the municipal or city mayor where the organization is based, not later than seven (7) days before the scheduled initiation date. (Section 10(a))
The written application must indicate the place and date and the names of the recruits, neophytes, or applicants. (Section 10(b))
The application must contain an undertaking that no harm of any kind will be committed during the initiation rites. (Section 10(c))
A medical certificate of the recruit, neophyte, or applicant must be attached to ensure fitness to undergo initiation when it involves physical activity falling within the hazing definition framework used in the Act. (Section 10(d))
The initiation rites must not last more than three (3) days. (Section 10(e))
The application must include the names of the incumbent officers and persons who will take charge in the conduct of the initiation rites. (Section 10(f))
The application must be under oath and must declare it has been posted on the official bulletin board of the barangay hall or municipal/city hall and on the bulletin board of the community-based organization. (Section 10(g))
The application must be posted from submission to the punong barangay or mayor and can be removed only three (3) days after the initiation rites. (Section 10(h))

Community-based initiation monitoring

The punong barangay or the municipal or city mayor must assign at least two (2) barangay or municipal or city officials to be present during the initiation and to document the entire proceedings. (Section 11)
The officials present must report the initiation rites to the punong barangay or the municipal or city mayor regarding the conduct of the initiation. (Section 11)
If hazing is still committed despite their presence, no liability attaches unless it is proven that they failed to perform an overt act to prevent or stop the commission. (Section 11)

Waiver and consent rendered void

Any approval, consent, agreement, or express waiver of the right to object, made by a recruit, neophyte, or applicant prior to an initiation rite that involves inflicting physical or psychological suffering, harm, or injury that constitutes hazing, is void and without binding effect. (Section 12)
The defense that the recruit, neophyte, or applicant consented to being subjected to hazing is not available to persons prosecuted under the Act. (Section 12)

Administrative sanctions before conviction

Responsible officials of schools, uniformed learning institutions, the AFP, or the PNP may impose appropriate administrative sanctions after due notice and summary hearing on persons charged under the Act even before conviction. (Section 13)

Criminal penalties and fines

Reclusion perpetua and a fine of PHP 3,000,000.00 are imposed on those who actually planned or participated in hazing if, as a consequence, death, rape, sodomy, or mutilation results. (Section 14(a))
Reclusion perpetua and a fine of PHP 2,000,000.00 are imposed on all persons who:
- (1) actually planned or participated in the conduct of the hazing; (2) all officers actually present during the hazing; (3) the adviser who is present when the hazing acts were committed and failed to prevent them or failed to promptly report to law enforcement authorities when the adviser can do so without peril to their person or family; (4) all former officers, nonresident members, or alumni present during the hazing; (5) officers or members who knowingly cooperated by inducing the victim to be present; and (6) members present during hazing when intoxicated or under the influence of alcohol or illegal drugs. (Section 14(b)(1)-(6))
Professional consequences for lawyers and regulated professionals are triggered for the former officer, nonresident member, or alumnus provisions in Section 14(b)(4):
- If the person is a member of the Philippine Bar, the member must be subjected to disciplinary proceedings by the Supreme Court. (Section 14(b)(4))
- If the person belongs to a profession subject to PRC regulation, disciplinary proceedings by the concerned Professional Regulatory Board follow, with penalties that include suspension for a period of not less than three (3) years or revocation of the professional license. (Section 14(b)(4))
A suspended or revoked professional license may be reinstated upon submission of affidavits from at least three (3) disinterested persons, good moral certifications from different unaffiliated and credible government, religious, and socio-civic organizations, and other relevant evidence showing moral fitness; reinstatement requires approval of the respective Professional Regulatory Board. (Section 14(b)(4))
Reclusion temporal in its maximum period and a fine of PHP 1,000,000.00 are imposed on all persons present in the conduct of hazing. (Section 14(c))
Reclusion temporal and a fine of PHP 1,000,000.00 are imposed on former officers, nonresident members, or alumni who, after commission of any prohibited acts, perform acts to hide, conceal, or hamper or obstruct any investigation conducted thereafter. (Section 14(d))
The lawyer and PRC-regulated professional disciplinary/reinstatement rules in Section 14(b)(4) apply to Section 14(d) former officers, nonresident members, or alumni under the same conditions. (Section 14(d))
Prision correccional in its minimum period is imposed on any person who intimidates, threatens, forces, employs, or administers any form of vexation for the purpose of recruitment into or promoting a particular fraternity or sorority; persistent and repeated proposal or invitation to a person who refused twice is prima facie evidence of vexation. (Section 14(e))
A fine of PHP 1,000,000.00 is imposed on the school if the fraternity/sorority/organization 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 under Section 5; if hazing is committed in circumvention of Act provisions, school officials must investigate motu propio and take an active role to ascertain factual events and identify witnesses to determine disciplinary sanctions and provide assistance to police authorities. (Section 14(f))

Principal, accomplice, and presumptions of participation

The owner or lessee of the place where hazing is conducted is liable as principal under Section 14(a) or Section 14(b) when the owner or lessee has actual knowledge of the hazing but fails to prevent it or fails to promptly report it to law enforcement authorities when they can do so without peril to their person or family. (Section 14)
If hazing occurs in the home of an officer or member, the parents are liable as principals under Section 14(a) or Section 14(b) when they have actual knowledge but fail to prevent it or fail to promptly report it to law enforcement authorities when they can do so without peril to their person or family. (Section 14)
School authorities, including faculty members, and barangay, municipal, or city officials are liable as accomplices and administratively accountable if it is shown they allowed or consented to hazing, or had actual knowledge of hazing, but failed to prevent it or failed to promptly report to law enforcement authorities when it can be done without peril to their person or family. (Section 14)
The presence of any person during hazing is prima facie evidence of participation as a principal unless the person prevented the commission of punishable acts or promptly reported the matter to law enforcement authorities when they can do so without peril to their person or their family. (Section 14)
Incumbent officers of the fraternity/sorority/organization are jointly liable with those members who actually participated in hazing. (Section 14)
No person charged under the Act is entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. (Section 14)
The president, manager, director, or other responsible officer of businesses or corporations engaged in hazing as a requirement for employment is covered; the Act applies to them. (Section 14)
A conviction by final judgment must be reflected in the scholastic record, personal, or employment record of the convicted person regardless of when the judgment of conviction becomes final. (Section 14)

Implementation rules, separability, and repeal

The Commission on Higher Education (CHED), together with the Department of Education (DepEd), Department of Justice (DOJ), Department of the Interior and Local Government (DILG), Department of Social Welfare and Development (DSWD), AFP, PNP, and National Youth Commission (NYC) shall promulgate the IRR within ninety (90) days from the effectivity of the Act. (Section 15)
The Act contains a separability clause: if any provision or part is declared invalid or unconstitutional, the remaining provisions remain valid and effective. (Section 16)
The Act amends Republic Act No. 8049 and repeals or modifies inconsistent rules or regulations: Republic Act No. 8049 and all other inconsistent laws, decrees, executive orders, proclamations, rules or regulations, or parts thereof are amended or modified accordingly. (Section 17)