Title
Anti-Hazing Act of 2018 Summary
Law
Republic Act No. 11053
Decision Date
Jun 29, 2018
The Anti-Hazing Act of 2018 prohibits all forms of hazing in fraternities, sororities, and organizations in schools and community-based groups in the Philippines, defining hazing as any act causing physical or psychological harm during initiation rites, and imposing penalties for those involved in hazing activities.

Law Summary

Definition of Terms

  • Hazing includes any act inflicting physical or psychological suffering as part of initiation or membership requirements in fraternities, sororities, or organizations; examples include paddling, whipping, forced consumption, or humiliating tasks.
  • Initiation or Initiation Rites encompass ceremonies or rituals for acceptance or membership in such groups.
  • Organization covers clubs, fraternities, sororities, including uniformed service learning institutions like AFP, PNP, PMA, and PNPA.
  • Schools include all educational institutions such as colleges and universities.

Prohibition on Hazing

  • All forms of hazing are prohibited in school-based and non-school-based fraternities, sororities, and organizations, including citizen military and army training.
  • Exceptions exist for physical and psychological fitness tests approved by heads of AFP, PNP, and similar uniformed institutions.
  • Hazing cannot be a job employment requirement.

Regulation of School-Based Initiation Rites

  • Only non-hazing initiation rites are permitted.
  • Written application must be filed at least seven days prior, containing detailed information about the initiation and participants.
  • Initiations must not exceed three days.
  • Applications must be posted publicly in designated bulletin boards.
  • Schools have the authority to approve or deny applications based on safety and compliance.
  • Unauthorized or false applications lead to disciplinary actions, including suspension or expulsion.

Monitoring of Initiation Rites

  • Schools must assign at least two representatives to monitor and document initiation rites.
  • Representatives must report on the initiation's conduct.
  • Representatives are not liable if hazing occurs despite their presence unless they fail to act.

Registration of Fraternities, Sororities, and Organizations

  • Existing and newly formed groups with student members must register with school authorities before activities or recruitment.
  • Schools must promulgate registration guidelines within 60 days.
  • Lists of members must be updated each academic term.
  • Failure to register or update membership results in cancellation of registration and possible disciplinary penalties.

Faculty Adviser

  • Registered groups must have faculty advisers who are not members, duly recognized, and responsible for monitoring activities.
  • Advisers are presumed to have knowledge and consent if violations occur.

Role of Educational Institutions

  • Schools act in loco parentis to protect students and must conduct information campaigns on hazing consequences each semester.
  • Orientation programs on fraternity, sorority, or organization membership are mandated.
  • Schools encouraged to promote activities fostering student growth and social contribution.

Registration of Community-Based Organizations

  • Community-based fraternities, sororities, and organizations must register with barangay, municipal, or city offices.
  • Member and officer lists must be updated annually.

Regulation of Community-Based Initiation Rites

  • Non-hazing rites allowed upon written application filed at least 7 days before initiation.
  • Applications must include initiation details, participant names, an undertaking of no harm, and attached medical certificates ensuring fitness.
  • Initiations cannot exceed three days, and applications must be posted publicly.

Monitoring of Community-Based Initiations

  • Barangay or local officials must assign at least two representatives to monitor, document, and report on initiations.
  • Officials are not liable if hazing occurs despite their monitoring unless they fail to act.

Nullity of Waiver and Consent

  • Any waiver or consent by recruits to hazing is null and void.
  • Consent cannot be a legal defense for violators.

Administrative Sanctions

  • School and uniformed institution officials may impose administrative sanctions after due notice and hearing even before conviction.

Penalties

  • Reclusion perpetua and fines up to 3 million pesos for hazing resulting in death, rape, sodomy, or mutilation.
  • Similar penalties apply to planners, participants, present officers, advisers who fail to act, and alumni present during hazing.
  • Disciplinary proceedings for professionals involved can include suspension or revocation of license.
  • Lesser penalties for other participants and those obstructing investigations.
  • Penalties for intimidation and vexation related to recruitment.
  • Schools face fines for negligence in preventing hazing.
  • Liability extends to property owners where hazing occurs and guardians if hazing happens in a member’s home.
  • Officials who allow or fail to report hazing are liable as accomplices.
  • Presence during hazing is prima facie evidence of participation unless intervention or reporting occurs.
  • Convictions are recorded in personal or employment records.

Implementation Rules and Regulations (IRR)

  • CHED, DepEd, DOJ, DILG, DSWD, AFP, PNP, and NYC to issue IRR within 90 days.

Separability Clause

  • Invalid provisions do not affect the validity of remaining provisions.

Repealing Clause

  • Previous inconsistent laws, including Republic Act No. 8049, are amended or repealed accordingly.

Effectivity Clause

  • The Act takes effect 15 days after publication in official or widely circulated newspapers.

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