Law Summary
Notice Requirement for Initiation Rites
- No hazing or initiation rites are permitted without prior written notice to school authorities or the head of the organization.
- Notice must be given seven (7) days before the initiation.
- The notice must state the duration of initiation (not exceeding three days).
- It must include the names of individuals subjected to initiation.
- It must contain an undertaking that no physical violence will be used.
Supervision During Initiation
- The head of the school or organization must assign at least two (2) representatives to monitor the initiation rites.
- These representatives are tasked with ensuring no physical harm is inflicted on the subjects.
Liability and Penalties for Hazing Resulting in Injury or Death
- All officers and members who participate in hazing causing injury or death are liable as principals.
- Penalties vary according to the severity of injury or consequence:
- Death, rape, sodomy, mutilation: Reclusion perpetua
- Insanity, imbecility, impotence, blindness: Maximum period of reclusion temporal
- Loss of speech, hearing, smell, eye, hand, foot, arm, or leg: Medium period of reclusion temporal
- Deformity or loss of other body parts, or incapacitation over 90 days: Minimum period of reclusion temporal
- Incapacitation over 30 days: Maximum period of prision mayor
- Incapacitation over 10 days or medical attendance needed for 10 days: Medium period of prision mayor
- Incapacitation from 1 to 9 days or medical attendance same period: Minimum period of prision mayor
- Physical injury without preventing habitual activity or medical attendance: Maximum period of prision correccional
- Administrative sanctions may also be imposed by educational or police/military authorities even before conviction.
Circumstances for Imposition of Maximum Penalty
- Use of force, violence, threat, intimidation, or deceit against a recruit refusing to join.
- Preventing withdrawal of consent after learning of hazing.
- Obstruction from reporting hazing by force or intimidation.
- Hazing conducted outside the school or institution.
- Victims below twelve (12) years of age.
Liability of Third Parties
- Owners of premises where hazing occurs with actual knowledge but no preventive action are liable as accomplices.
- Parents with actual knowledge of hazing in their home who fail to act are liable as principals.
- School authorities and faculty members with actual knowledge who fail to prevent hazing are liable as accomplices.
Liability of Organizers and Advisors
- Officers, former officers, alumni who planned hazing but were not physically present are principals.
- Members who induce victims to be present during hazing are principals.
- Advisers present who fail to prevent hazing are principals.
- Presence at hazing is prima facie evidence of participation, unless actively preventing the act.
No Mitigating Circumstance for Intent
- Those charged cannot claim lack of intent to commit grave harm as a mitigating factor.
- The law applies also to corporate officers if hazing is a requirement for employment.
Severability Clause
- If any provision is declared invalid or unconstitutional, other provisions remain effective.
Repealing Clause
- Laws, orders, rules, or regulations inconsistent with this Act are amended or repealed.
Effectivity Clause
- The Act takes effect fifteen (15) days after its publication in at least two (2) national newspapers of general circulation.