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.