Anti-Hazing Law of 2018: Regulation and Penalties

Legal basis and predecessor law amended

Section 1 inserts the short title into Republic Act No. 8049, establishing the “Anti-Hazing Act of 2018”.
Sections 2, 3, and 4 to 14 amend specific provisions of Republic Act No. 8049 to strengthen the definition, prohibition, regulation, monitoring, and penalties for hazing.
Section 17 repeals or modifies Republic Act No. 8049 and other inconsistent laws, decrees, executive orders, proclamations, rules, or regulations, or portions thereof.
Section 15 requires the promulgation of Implementation Rules and Regulations (IRR) by designated government agencies.

Policy and declared protections

Schools must exercise reasonable supervision in loco parentis over students to protect them from hazing dangers.
Schools must take more proactive steps to protect students from the dangers of participating in activities that involve hazing.
Schools must conduct an information dissemination program and an orientation program each semester or trimester regarding hazing consequences and membership-related concerns.
Schools must encourage fraternities, sororities, and organizations to undertake activities fostering holistic personal growth and development and activities that address relevant and pressing societal issues.

Key definitions for hazing and membership

“Hazing” is any act resulting in physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice that is a prerequisite for admission or a requirement for continuing membership in a fraternity, sorority, or organization, including—by way of example—paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any brutal treatment or forced physical activity likely to adversely affect physical and psychological health.
“Hazing” includes any activity intentionally made by one person alone or acting with others that tends to humiliate or embarrass, degrade, abuse, or endanger by requiring mental, silly, or foolish tasks.
“Initiation or Initiation Rites” refers to ceremonies, practices, rituals, or other acts—formal or informal—that a person must perform or take part in to be accepted into a fraternity, sorority, or organization as a full-fledged member, including acts in all stages of membership.
“Organization” means any organized body of people including, but not limited to, any club, association, group, fraternity, and sorority, and it includes the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Military Academy (PMA), the Philippine National Police Academy (PNPA), and other similar uniformed service learning institutions.
“Schools” means colleges, universities, and all other educational institutions.

Prohibition of hazing and key limits

All forms of hazing are prohibited in fraternities, sororities, and organizations in schools, including Citizens Military Training and Citizens Army Training.
The hazing prohibition likewise applies to other fraternities, sororities, and organizations that are not school-based, such as community-based and other similar fraternities and sororities.
Hazing is prohibited as a requirement for employment in any business or corporation.
The Act recognizes an exception: the physical, mental, and psychological fitness of prospective regular members of the AFP and PNP, as approved by the Secretary of National Defense and the National Police Commission, duly recommended by the Chief of Staff of the AFP and the Director General of the PNP, is not considered hazing for purposes of the Act.
The exception also applies to similar procedures and practices approved by the respective heads of other uniformed learning institutions for their prospective members.
Hazing prohibitions do not apply to customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective, subject to prior submission of medical clearance or certificate.
Only hazing-free initiation rites or practices are allowed in regulated contexts under the Act’s separate procedures for school-based and community-based organizations.

Regulated initiation rites for schools

Only initiation rites or practices that do not constitute hazing are allowed for school-based fraternities, sororities, and organizations.
Before a scheduled school-based initiation rite, a written application must be submitted to the proper authorities of the school not later than seven (7) days prior to the scheduled initiation date.
The written application must indicate the place and date and the names of the recruits, neophytes, or applicants and the manner by which the initiation rites will be conducted.
The application must include an undertaking that no harm of any kind shall be committed by anybody during the initiation rites.
The initiation rites must not last more than three (3) days.
The application must name the incumbent officers of the fraternity, sorority, or organization and any person(s) who will take charge in conducting the initiation rites.
The application must be under oath and must declare that it has been posted on the official school bulletin board, the bulletin board of the fraternity/sorority/organization office, and in two (2) other conspicuous places in the school or premises of the organization.
The application must be posted starting from the time of submission to school authorities or the head of the organization and removed only three (3) days after the conduct of the initiation rites.
Schools must provide bulletin boards for this section’s posting requirements.
Guidelines on approval or denial must be promulgated by appropriate school officials not later than sixty (60) days after approval of the Act.
School authorities must disapprove applications that fail to meet requirements, and must state reasons clearly and in unequivocal terms in a formal advice, taking into account safety and security.
If an initiation is conducted without the required school approval, school officials may impose disciplinary sanctions, after due notice and summary hearing, including reprimand, suspension, exclusion, or expulsion, on the head and all other officers of the fraternity, sorority, or organization.
All members who participated in unauthorized initiation rites must also be punished accordingly, even if no hazing was conducted.
If an application contains false or inaccurate information, the person who prepared it or supplied the false information and the head and other officers must face sanctions after due notice and summary hearing, with sanctions ranging from reprimand to expulsion under school guidelines.

Monitoring, registration, faculty advisers, and school role

For school-based initiation, the head of the school or authorized representative must assign at least two (2) representatives of the school to be present during the initiation.
School representatives must ensure no hazing is conducted and must document the entire proceedings, then report to appropriate school officials regarding conduct of the initiation.
If hazing is committed despite their presence, no liability attaches to the school representatives unless it is proven they failed to perform an overt act to prevent or stop the commission.
Schools must require all existing fraternities, sororities, and other organizations not created or organized by the school but with members who are students, or planning to recruit students, to register with proper school authorities before conducting activities whether on or off-campus, including recruitment.
A newly established school-based fraternity, sorority, or organization must immediately register with proper school authorities during the semester or trimester of establishment or organization, provided it has complied with the school requirements.
Schools must promulgate their guidelines in the registration of fraternities, sororities, and organizations within their jurisdiction not later than sixty (60) days from approval of the Act.
After registration, fraternities, sororities, and organizations must submit a comprehensive list of members, updated not later than thirty (30) days from the start of every semester or trimester, depending on the academic calendar.
School officials may impose disciplinary penalties after due notice and summary hearing, including suspension, on the head and other officers who fail to register or fail to update the roster.
Failure to comply with any requirements results in cancellation of the registration of the fraternity, sorority, or organization.
Schools must require each fraternity, sorority, or organization (as a condition to accreditation or registration) to submit the name(s) of its faculty adviser(s), who must not be members of the fraternity, sorority, or organization.
The faculty adviser(s) must submit a written acceptance or consent.
Each faculty adviser must be a duly recognized active member, in good standing, of the faculty at the school where the fraternity, sorority, or organization is established or registered.
If any provision of the Act is violated, the faculty adviser is presumed to have knowledge and consented to the commission of unlawful acts under the Act.
Schools must implement an information dissemination campaign at the start of every semester or trimester to provide adequate information to students and parents or guardians regarding consequences of conducting and participating in hazing.
Schools must conduct an orientation program relating to membership at the start of every semester or trimester.
Schools must encourage fraternities, sororities, and organizations to undertake holistic personal growth and development activities and activities that contribute to solving relevant and pressing issues of society.

Community-based and similar organizations regulation

Community-based and similar fraternities, sororities, and organizations must register with the barangay, municipality, or city where they are primarily based.
New and existing community-based fraternities, sororities, and organizations, including local chapters, must submit a comprehensive list of members and officers updated yearly from the date of registration.
For community-based initiation rites, only initiation rites or practices that do not constitute hazing are allowed.
Before a scheduled community-based initiation rite, a written application must be made to the punong barangay or to the municipal or city mayor where the community-based organization is based not later than seven (7) days prior to the initiation date.
The written application must state the place and date of the initiation rites and the names of the recruits, neophytes, or applicants.
The application must include an undertaking that no harm of any kind shall be committed during the initiation rites.
A medical certificate of the recruit, neophyte, or applicant must be attached when the initiation involves physical activity that does not fall under the definition of hazing used in the Act, to ensure fitness to undergo initiation.
Community-based initiation rites must not last more than three (3) days.
The application must list incumbent officers and any person(s) who will take charge in conducting the initiation rites.
The application must be under oath and must declare it has been posted on the official bulletin board of the barangay hall or the municipal or city hall and on the bulletin board of the community-based fraternity/sorority/organization office.
The posting must start from the time of submission to the punong barangay or municipal or city mayor and may be removed only three (3) days after the conduct of the initiation rites.
For monitoring, the punong barangay or municipal or city mayor must assign at least two (2) barangay or municipal or city officials to be present during initiation and to document the entire proceedings.
The officials present must report to the punong barangay or the municipal or city mayor regarding conduct of the initiation.
If hazing is committed despite their presence, no liability attaches unless it is proven they failed to perform an overt act to prevent or stop the commission.

Nullity of waiver and consent

Any approval, consent, or agreement (written or otherwise) or express waiver of the right to object to an initiation rite or proceeding that consists of hazing is void and without binding effect if made by the recruit, neophyte, or applicant prior to hazing-involving initiation.
The defense that the recruit, neophyte, or applicant consented to being subjected to hazing is not available to persons prosecuted under the Act.

Administrative sanctions and penalties

Responsible officials of the school, uniformed learning institutions, the AFP, or the PNP may impose appropriate administrative sanctions after due notice and summary hearing on persons charged under the Act even before conviction.

Hazing penalties and fines

Reclusion perpetua and a fine of PHP 3,000,000.00 are imposed on those who actually planned or participated in hazing if, as a consequence, death, rape, sodomy, or mutilation results.
Reclusion perpetua and a fine of PHP 2,000,000.00 are imposed on:
- All persons who actually planned or participated in the conduct of hazing;
- All fraternity, sorority, or organization officers actually present during the hazing;
- The adviser of a fraternity, sorority, or organization who is present and failed to take action to prevent the acts or failed to promptly report them to law enforcement authorities if the adviser could do so without peril to the adviser’s person or family;
- All former officers, nonresident members, or alumni present during the hazing, subject to special professional disciplinary rules for members of the Philippine Bar or other PRC-regulated professions;
- Officers or members who knowingly cooperated in carrying out the hazing by inducing the victim to be present;
- Members present during hazing who are intoxicated or under the influence of alcohol or illegal drugs.
The Act provides special consequences for former officers, nonresident members, or alumni who are:
- Members of the Philippine Bar, who must be subjected to disciplinary proceedings by the Supreme Court pursuant to its power to discipline lawyers; and
- Professionals regulated by the Professional Regulation Commission (PRC), whose imposable penalties include suspension for a period of not less than three (3) years or revocation of the professional license, with possible reinstatement only upon submission of affidavits from at least three (3) disinterested persons, good moral certifications from different unaffiliated and credible government, religious, and socio-civic organizations, and other relevant evidence, subject to approval of the respective Professional Regulatory Board.
Reclusion temporal in its maximum period and a fine of PHP 1,000,000.00 are imposed on persons present in the conduct of the hazing.
Reclusion temporal and a fine of PHP 1,000,000.00 are imposed on former officers, nonresident members, or alumni who, after any prohibited act, perform acts to hide, conceal, or hamper or obstruct investigations thereafter, subject to the same Philippine Bar and PRC-regulated profession disciplinary rules.
Prision correccional in its minimum period is imposed on any person who intimidates, threatens, forces, employs, or administers any form of vexation for the purpose of recruitment in joining or promoting a particular fraternity, sorority, or organization.
The persistent and repeated proposal or invitation made to a person who had twice refused to participate or join is prima facie evidence of vexation for purposes of that recruitment vexation penalty.
A fine of PHP 1,000,000.00 is imposed on the school if:
- The fraternity/sorority filed a written application to conduct initiation rites that was approved by the school, but hazing occurred during the initiation rites; or
- Hazing occurred when no school representatives were present during initiation as required under Section 5.
If hazing is committed in circumvention of the Act, school officials must investigate motu propio and take an active role to ascertain factual events and identify witnesses to determine disciplinary sanctions and to provide assistance to police authorities.

Liability of owners/parents/schools; evidence rules

The owner or lessee of the place where hazing is conducted is liable as principal and penalized under the death/rape/sodomy/mutilation penalty or the reclusion perpetua/fine penalty if the owner or lessee has actual knowledge of hazing and fails to take action to prevent it or fails to promptly report it to law enforcement authorities if the owner or lessee can do so without peril to person or family.
If hazing is held in the home of an officer or member of the fraternity, sorority, or organization, parents are liable as principals and penalized under the same penalty categories if they have actual knowledge of hazing and fail to prevent it or fail to promptly report it, if they can do so without peril to person or family.
School authorities—including faculty members—and barangay, municipal, or city officials are liable as accomplices and administratively accountable if it is shown that they allowed or consented to hazing, or had actual knowledge and failed to prevent it or failed to promptly report it to law enforcement authorities if it can be done without peril.
The presence of any person during hazing is primo facie evidence of participation as a principal unless the person prevented the commission of punishable acts or promptly reported to law enforcement authorities if it can be done without peril.
Incumbent officers of the fraternity, sorority, or organization are jointly liable with those members who actually participated in the hazing.
A person charged under the Act is not entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.
The Act applies to the president, manager, director, or other responsible officer of businesses or corporations engaged in hazing as a requirement for employment.

Record consequences of conviction

A conviction by final judgment must be reflected in the scholastic record, personal record, or employment record of the person convicted, regardless of when the judgment becomes final.

Implementation rules, separability, and repeal

Section 15 requires the Commission on Higher Education (CHED) together with the Department of Education (DepEd), Department of Justice (DOJ), Department of the Interior and Local Government (DILG), Department of Social Welfare and Development (DSWD), AFP, PNP, and National Youth Commission (NYC) to promulgate the IRR within ninety (90) days from the effectivity of the Act.
Section 16 provides that if any provision or part of the Act is declared invalid or unconstitutional, the remaining parts remain valid and effective.
Section 17 amends or modifies Republic Act No. 8049 and all other inconsistent laws, decrees, executive orders, proclamations, rules, or regulations, or parts thereof, in accordance with the Act.