What hazing means under law
- Section 1 defines hazing as an initiation rite or practice that is a prerequisite for admission into membership in a fraternity, sorority, or organization.
- Hazing exists when the recruit, neophyte, or applicant is placed in embarrassing or humiliating situations, including forcing the person to do menial, silly, foolish and similar tasks or activities.
- Hazing also includes subjecting the recruit, neophyte, or applicant to physical or psychological suffering or injury (Section 1).
- The term organization includes any club and the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, and the officer and cadet corps of the Citizen’s Military Training or Citizen’s Army Training (Section 1).
- Physical, mental, and psychological testing and training of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police, as approved by the Secretary of National Defense and the National Police Commission and duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police, is not considered hazing for purposes of the Act (Section 1).
Coverage: who and what it regulates
- The Act regulates hazing and other initiation rites conducted by a fraternity, sorority, or organization (Section 1).
- The Act covers hazing conducted within organizations that include clubs and specified components of the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, and Citizen’s Military Training/Citizen’s Army Training (Section 1).
- The Act imposes requirements and penalties when hazing is committed in connection with admission into membership and initiation practices (Sections 1–4).
- Section 4 applies the criminal and accessory-liability framework broadly to persons who participate, plan, cooperate, or have specified responsible relationships to hazing acts.
- Section 4 applies to corporate responsible officers when a corporation is engaged in hazing as a requirement for employment in the manner provided in the Act (Section 4).
Prohibited hazing and notice requirements
- No fraternity, sorority, or organization may conduct hazing or initiation rites “in any form or manner” without prior written notice to the school authorities or the head of organization (Section 2).
- The notice must be filed seven (7) days before the initiation conduct (Section 2).
- The written notice must indicate the period of the initiation activities, which must not exceed three (3) days (Section 2).
- The notice must include the names of those to be subjected to such activities (Section 2).
- The notice must contain an undertaking that no physical violence will be employed by anybody during the initiation rites (Section 2).
Mandatory supervision duties
- The head of the school or organization, or their representatives, must assign at least two (2) representatives to be present during the initiation (Section 3).
- The representatives must be from the school or the organization, depending on which is applicable in the situation (Section 3).
- The assigned representatives must ensure that no physical harm of any kind is inflicted upon the recruit, neophyte, or applicant (Section 3).
Criminal and administrative liability rules
- If the person subjected to hazing suffers physical injury or dies as a result of hazing, the officers and members who actually participated in the infliction of physical harm are liable as principals (Section 4).
- Section 4 sets the following penalties depending on the result of hazing:
- Reclusion perpetua if death, rape, sodomy, or mutilation results (Section 4).
- Reclusion temporal (maximum period) if the victim becomes insane, imbecile, impotent, or blind (Section 4).
- Reclusion temporal (medium period) if the victim loses the use of speech, or the power to hear or smell, or loses an eye, a hand, a foot, an arm or a leg, or becomes incapacitated for the activity or work the victim habitually engaged in (Section 4).
- Reclusion temporal (minimum period) if the victim becomes deformed, or loses any other part of the body, or loses the use thereof, or is ill/incapacitated for performing the activity or work habitually engaged in for a period of more than ninety (90) days (Section 4).
- Prision mayor (maximum period) if the victim is ill or incapacitated for the habitually engaged activity or work for more than thirty (30) days (Section 4).
- Prision mayor (medium period) if the victim is ill or incapacitated for the habitually engaged activity or work for ten (10) days or more, or if the injury sustained requires medical attendance for the same period (Section 4).
- Prision mayor (minimum period) if the victim is ill or incapacitated for the habitually engaged activity or work for one (1) to nine (9) days, or if the injury sustained requires medical attendance for the same period (Section 4).
- Prision correccional (maximum period) if the victim sustains physical injuries that do not prevent engagement in habitual activity or work and do not require medical attendance (Section 4).
- Section 4 authorizes responsible school or training organization officials to impose appropriate administrative sanctions on charged persons even before conviction.
- The maximum penalty applies in any of these instances (Section 4):
- Recruitment is accompanied by force, violence, threat, intimidation, or deceit on the person of the recruit who refuses to join.
- The recruit initially consents but, upon learning that hazing will be committed, is prevented from quitting.
- The recruit, neophyte, or applicant, after undergoing hazing, is prevented from reporting to parents/guardians, school authorities, or police authorities through force, violence, threat, or intimidation.
- Hazing is committed outside of the school or institution.
- The victim is below twelve (12) years of age at the time of hazing.
- Section 4 establishes accomplice and principal liability for specific actors:
- The owner of the place where hazing is conducted is liable as an accomplice if the owner has actual knowledge of the hazing and fails to prevent it.
- If hazing is held in the home of an officer or member, parents are liable as principals when they have actual knowledge and fail to prevent it.
- School authorities including faculty members who consent to hazing or have actual knowledge and fail to prevent it are punished as accomplices.
- Officers, former officers, or alumni who actually planned the hazing are principals even if not present when the hazing acts were committed.
- Officers or members who knowingly cooperated by inducing the victim to be present are principals.
- A fraternity or sorority adviser present when the hazing acts occur and who fails to prevent them is liable as principal.
- 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.
- A person charged under Section 4 is not entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.
- Section 4 applies to the president, manager, director, or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided in the Act.
Administrative sanctions, procedure timing, liability effects
- Administrative sanctions may be imposed by responsible officials of the school or training organization even before conviction (Section 4).
- Criminal liability attaches based on the type of harm result (death, injuries, incapacity, specific impairments, or duration of illness/incapacity), as determined under Section 4.
Severability, repeal, and transitory rules
- If any provision or part of Republic Act No. 8049 is declared invalid or unconstitutional, the remaining parts remain valid and effective (Section 5).
- All laws, orders, rules, or regulations inconsistent with or contrary to Republic Act No. 8049 are amended or repealed accordingly (Section 6).