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.