Title
Anti-Hazing Law of 2018: Regulation and Penalties
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, establishing strict regulations for initiation rites and imposing penalties for violations to ensure the safety and well-being of participants.

Law Summary

Definition of Key Terms

  • "Hazing" includes any act causing physical or psychological suffering to recruits, neophytes, applicants, or members during initiation rites, involving paddling, whipping, forced activities, or humiliating acts.
  • "Initiation or Initiation Rites" are ceremonies or practices required for full membership in fraternities, sororities, or organizations, covering all membership stages.
  • "Organization" refers broadly to clubs, associations, fraternities, sororities, including uniformed service institutions like AFP, PNP, PMA, and PNPA.
  • "Schools" include colleges, universities, and all other educational institutions.

Prohibition on Hazing

  • Hazing is prohibited in all fraternities, sororities, and organizations, including those within schools, community-based, and uniformed services.
  • Physical and psychological fitness tests approved by relevant authorities for AFP and PNP members are excluded from being considered hazing.
  • Customary athletic or legal activities are excluded but subject to medical clearance.
  • Hazing is never to be a requirement for employment.

Regulation of School-Based Initiation Rites

  • Only initiation rites free from hazing are permitted.
  • Fraternities, sororities, or organizations must submit a written application at least seven days before the initiation, specifying location, date, participants, and details of the rites.
  • The application must declare no harm will occur, specify officers in charge, and be posted on official bulletin boards.
  • Rites may not exceed three days.
  • School authorities must promulgate guidelines for approval or denial.
  • Disapproval must be clearly stated in writing with safety as a priority.
  • Unauthorized initiation or false information in applications results in disciplinary actions, including reprimand to expulsion.

Monitoring of Initiation Rites in Schools

  • Schools must assign at least two representatives to monitor and document initiation rites.
  • Representatives report on the initiation conduct to school officials.
  • Representatives have no liability if hazing occurs unless they failed to take overt action to stop it.

Registration of School-Based Organizations

  • All fraternities, sororities, and other organizations recruiting students or with student members must register immediately.
  • They must file a comprehensive member list updated at the start of each academic period.
  • Failure to register or update results in suspension or cancellation of registration.

Faculty Adviser Requirement

  • Registration requires submitting the name(s) of faculty adviser(s) who are not organization members.
  • Advisers must be active, recognized faculty members.
  • Advisers are responsible for monitoring activities.
  • Advisers are presumed knowledgeable and consenting when violations occur.

Duties of Educational Institutions

  • Schools hold in loco parentis responsibility to supervise and protect students.
  • They must conduct information campaigns each semester on the hazards of hazing.
  • Orientation programs on fraternity or organization membership are mandatory.
  • Schools must encourage organizations to focus on personal growth and societal issues.

Registration and Regulation of Community-Based Organizations

  • All community-based fraternities, sororities, and similar groups must register with their local barangay or city/municipality officials.
  • Registration requires submission of an updated member and officers list yearly.
  • Initiation rites require prior written application to the local chief executive seven days before, including a medical certificate for initiates.
  • Application posting requirements mirror those for school-based organizations.

Monitoring of Community-Based Initiation Rites

  • Local officials must assign at least two representatives to be present and document initiation rites.
  • Representatives report the conduct to the local chief executive.
  • Representatives are not liable if hazing occurs unless they failed to take action to prevent it.

Nullity of Waivers and Consent

  • Any consent or waiver by recruits or applicants to hazing acts is void and unenforceable.
  • Consent cannot be used as a defense by accused persons.

Administrative Sanctions

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

Penalties

  • Reclusion perpetua and fines up to Three million pesos (₱3,000,000) for those planning or participating in hazing causing death, rape, sodomy, or mutilation.
  • Similar penalties and fines up to ₱2,000,000 apply to actual participants, officers present, advisers failing to act, former officers/alumni present, and those cooperating in hazing.
  • Disciplinary proceedings by the Supreme Court or PRC are mandated for professional members involved.
  • Lesser penalties (reclusion temporal and fines) apply for presence without active participation and obstruction of investigations.
  • Prision correccional for vexation or harassment related to recruitment.
  • Schools imposing the initiation application yet failing to prevent hazing face fines of One million pesos (₱1,000,000).
  • Owners or lessees of venues are liable if knowingly allowing hazing without action.
  • Parents liable if hazing occurs at home with their knowledge and inaction.
  • School and local officials may be held accomplices or administratively liable if they allow or fail to report hazing.
  • Presence at hazing is prima facie evidence of participation unless the person prevented or reported it.
  • No mitigating circumstance for lack of intent applies.
  • Convictions must be recorded in personal, scholastic, or employment records.

Implementation and Miscellaneous Provisions

  • The CHED, DepEd, DOJ, DILG, DSWD, AFP, PNP, and NYC must promulgate implementing rules and regulations within 90 days.
  • Invalidity of any part of the Act does not affect other provisions.
  • This Act supersedes inconsistent laws including Republic Act No. 8049.
  • The Act takes effect 15 days after publication in the Official Gazette or two national newspapers.

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