Republic of the Philippines

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HOUSE OF REPRESENTATIVES ie
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Quezon City pate 5 Or 204 a5
17 CONGRESS we
First Regular Session Ye 2
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House Bill No. 32 QS

Introduced by Representative Wes Gatchalian

EXPLANATORY NOTE

The ability and desire to organize and associate is not only a
constitutional right, it is also at the core of being a human. It is perhaps for these
accepted postulates that fraternities and sororities have thrived for centuries.
They have been near the centers of a number of social movements and they have
well and truly brought a lot of positive changes through their collective actions.
These are all conceded. All these notwithstanding, it is submitted in this proposal
that the good that these organizations bring do not in any way shape of form
justify the barbaric act of hazing. If indeed these organizations are driven by a
collective desire to do good, they should be able to do so even without hazing.

RA 8049, “The Anti-Hazing Law”, was enacted in 1995, yet a score year
later the situation is still just as bad as it was when that law was enacted. Well-
documented are still the deaths, or the irreversible physical damage to a person,
that are occasioned in the process of hazing. It is therefore proposed that a more
comprehensive solution is required and demanded by the situation. This act
provides an encompassing definition of hazing, regulates admission processes,
requires the registration of all fraternities and sororities, and provides for
penalties. If enacted into law, the hope is that no more life will be lost and
sacrificed at the altar of senseless violence.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
17% CONGRESS
First Regular Session

House Bill No. 3S

Introduced by Representative Wes Gatchalian

SECTION 1. Short Title. - This Act shall be known as the “ANTI-
HAZING ACT OF 2016”

SEC. 2. Prohibition on Hazing. - Any physical or psychological
suffering, harm or injury inflicted on a recruit, member, neophyte or
applicant as a form of an initiation rite or practice made as a
prerequisite for admission or a requirement for continuing
membership in a fraternity, sorority or organization shall be
considered as hazing and is hereby prohibited. Hazing shall also
include any activity, intentionally made or otherwise, by one person
alone or acting with others, that tends to humiliate or embarrass,
degrade, abuse or endanger, by requiring a recruit, member,
neophyte or applicant to do menial, silly, or foolish tasks. All forms of
hazing shall be prohibited at whatever stage of the initiation rites or
practice.

Fraternities, sororities, and organizations not based in schools such
as those which are community based are likewise covered by the
prohibition under this Section.

As used in this Act, the term “school” shall include colleges,
universities, and all other educational institutions, while the term
“organization” shall include but is not limited to any club, association
or group as well as the officer and cadet corps of the Citizens’ Military
Training and Citizens’ Army Training.

SEC. 3. Regulation of Initiation Rites. - Only initiation rites or
practices which do not inflict direct or indirect physical or
psychological suffering, harm or injury to the recruit, neophyte, or
applicant of a fraternity, sorority or organization shall be allowed:
Provided;

That a written application to conduct the same shall be made to the


proper authorities of the school not later than seven (7) days prior to
the scheduled initiation date;

That the written application shall indicate the place and date of the
initiation rites and the names of the recruit, neophyte or applicant to
be initiated;

That the initiation rites shall not last more than three (3) days;

The application shall contain the names of the incumbent officers of
the fraternity, sorority or organization and any person or persons
that will take charge in the conduct of the initiation rites;

The application shall be under oath with a declaration that it has
been posted in the official school bulletin board, the bulletin board of
the office of the fraternity, sorority, or organization, and two other
conspicuous places in the school or in the premises of the
organization;

The application shall be posted from the time of submission of the
written notice to the school authorities or head of organization and
shall only be removed from its posting three (3) days after the
conduct of the initiation rites;

The school, organization, fraternity, or sorority shall provide for their
respective bulletin boards for the purposes of this section.

The appropriate authorities of the school shall have the right to
approve or disapprove the application, and the reasons thereof shall
be stated clearly and in unequivocal terms in a formal advice to the
fraternity, sorority or organization concerned taking into
consideration the safety and security of participants in the activity.
Guidelines for the approval or denial of the application to conduct
initiation rites by a registered fraternity, sorority or organization
shall be promulgated by the appropriate school officials not later
than sixty (60) days after the approval of this Act.

School officials shall have the authority to impose, after due notice
and summary hearing, disciplinary sanctions to the head and all
other officers of the fraternity, sorority, or organization which
conducts an initiation without first securing the necessary approval
of the school as required under this Section. All members of the
fraternity, sorority or organization, who participated in the
unauthorized initiation rites, even if no hazing was conducted, shall
also be punished accordingly.

In case the written application for the conduct of initiation rites
contains false or inaccurate information, appropriate disciplinary
sanctions shall be imposed, after due notice and summary hearing,
against the person who prepared the application or supplied the false
and inaccurate information and to the head and other officers of the



fraternity, sorority, or organization concerned.

SEC. 4. Monitoring of Initiation Rites. - The head of the school or an
authorized representative must assign at least two (2)
representatives of the school to be present during the initiation. It is
the duty of the school representatives to see to it that no hazing is
conducted during the initiation rites. The representatives of the
school who were present during the initiation shall make a report to
the appropriate officials of the school regarding the conduct of the
initiation.

SEC. 5. Registration of Fraternities, Sororities, and Other
Organizations. - All existing fraternities, sororities, and other
organizations otherwise not created or organized by the school but
has existing members who are students or plans to recruit students
to be its members shall be required to register with the proper
authorities of the school before it conducts activities whether on or
off-campus including recruitment of members.

A newly established fraternity, s 'y, or organization in a school
shall immediately register with the proper authorities of the school
during the semester or trimester in which it was established or
organized: Provided, That the new fraternity, sorority, or
organization has complied with the requirements prescribed by the
school in establishing a fraternity, sorority, or organization:
Provided, further, That schools shall promulgate their guidelines in
the registration of fraternities, sororities, and organizations within
their jurisdiction not later than sixty (60) days from the approval of
this Act.

Upon registration, all fraternities, sororities, and organizations shall
submit a comprehensive list of members, which shall be updated not
later than thirty (30) days from the start of every semester or
trimester, depending on the academic calendar of the school.

School officials shall have the authority to impose, after due notice
and summary hearings, disciplinary penalties to the head and other
officers of the fraternity, sorority, or organization who fails to
register or update their roster of members as required under this
Section.

SEC. 6. Faculty Adviser. - All fraternities, sororities, and
organizations must be assigned a faculty adviser responsible for
monitoring the activities of the fraternity, sorority, or organization.
The faculty adviser must be a duly recognized active member, in


good standing, of the faculty at the school in which the fraternity,
sorority, or organization is registered.

SEC. 7. Role of Educational Institutions. - Schools shall implement an
information dissemination campaign at the start of every semester or
trimester to provide adequate information to students regarding the
consequences of conducting and participating in hazing.

An orientation program relating to membership in a fraternity,
sorority, or organization shall also be conducted by schools at the
start of every semester or trimester.

Schools shall encourage fraternities, sororities, and organizations to
engage in undertakings that foster holistic personal growth and
development and activities that contribute to solving relevant and
pressing issues of society.

SEC.8. Registration of community based fraternities, sororitie
organizations. ~ All new and existing community based fratern
sororities, or organizations shall register with the barangay or
municipality or city wherein it is primarily based.

Upon registration, all community based fraternities, sororities, or
organizations shall submit a comprehensive list of members and
officers which shall be updated yearly from the date of registration.

Sec. 9. Regulation of initiation rights for community based
fraternities, sororities, or organizations. - Only initiation rites or
practices which do not inflict direct or indirect physical or
psychological suffering, harm, or injury to the recruit, neophyte, or
applicant of a fraternity, sorority, or organization shall be allowed.
Provided;

That a written application to conduct the same shall be made to the
barangay captain in the barangay or the municipal or city mayor in
the city or municipality where the community based fraternity,
sorority, or organization is based not later than seven (7) days prior
to the scheduled initiation date;

That the written application shall indicate the place and date of the
initiation rites and the names of the recruit, neophyte or applicant to
be initiated;

‘That the initiation rites shall not last more than three (3) days;

The application shall contain the names of the incumbent officers of
the community based fraternity, sorority or organization and any
person or persons that will take charge in the conduct of the
initiation rites;



The application shall be under oath with a declaration that it has
been posted in the official bulletin board of the barangay hall or the
municipal or city hall where the community based fraternity,
sorority, or organization is based and the bulletin board of the office
of the community based fraternity, sorority, or organization,
The application shall be posted from the time of submission of the
written notice to the barangay captain or municipal or city mayor
and shall only be removed from its posting three (3) days after the
conduct of the initiation rites.

SEC. 10. Monitoring of initiation rites of community based
fraternities, sororities, or organizations. - The barangay captain of
the barangay or the municipal or city mayor of the municipality or
city where the community based fraternity, sorority, or organization
is based must assign at least two (2) barangay or municipal or city
officials to be present during the initiation. It shall be their duty to
see to it that no hazing is conducted during the initiation rites. The
representatives who were present during the initiation shall make a
report to the barangay captain, or the municipal or city mayor
regarding the conduct of the initiation.

SEC. 11. Nullity of Waiver and Consent. - Any form of approval,
consent or agreement, whether written or otherwise, or of an express
waiver of the right to object to the initiation rite or proceeding which
consists of hazing as defined in this act made by a recruit, neophyte
or applicant prior to an initiation rite that involves inflicting physical
or psychological suffering, harm or injury shall be void and without
any binding effect on the parties.

The defense that the recruit, neophyte or applicant consented to
being subjected to hazing shall not be available to persons
prosecuted under this Act.

SEC. 12. The Inter Agency Committee Against Hazing. - The
Commission on Higher Education (CHED), Department of Education
(DepEd), Department of Justice (DOJ), Philippine National Police
(PNP), Armed Forces of the Philippines (AFP), Department of Interior
and Local Government (DILG), Department of Social Welfare and
Development (DSWD), National Youth Commission (NYC) and an
organization representing educational institutions, schools, colleges
and universities shall create an inter-agency committee that shall
promulgate guidelines and implementing rules and regulations in
order to carry out the provisions of this act.


SEC. 13. Administrative Sanctions. - The responsible officials of the
school or of the police or military may impose the appropriate
administrative sanctions, after due notice and summary hearing, on
the person or the persons charged under this Act even before their
conviction.

SEC. 14. Penalties and Liability of Those Involved in Hazing. -

The following penalties shall be imposed:

The penalty of reclusion temporal and a fine of one million pesos
(P1,000,000.000) shall be imposed upon the participating officers
and members of the fraternity, sorority or organization involved in
the hazing,

The penalty of reclusion perpetua and a fine of two million pesos
(P2,000,000.00) shall be imposed upon the members of the
fraternity, sorority or organization who were intoxicated or under
the influence of alcohol or illegal drugs when they actually
participated in the hazing.

The same penalty shall be imposed upon the no!
members of the fraternity, sorority or organi
participated in the hazing.

The penalty of reclusion perpetua and a fine of three million pesos
(P3,000,000.00) shall be imposed upon those who actually
participated in the hazing if, as a consequence of the hazing, death,
rape, sodomy or mutilation results therefrom;

4) A fine of one million pesos (P1,000,000.00) shall be imposed on
the school if the fraternity, sorority or organization filed a written
application to conduct an initiation which was subsequently
approved by the school and hazing occurred during the initiation
rites or when no representatives from the school were present
during the initiation as provided under Section 4 of this Act.

5) It shall be unlawful for any person to intimidate, threaten, force, or
to employ, or administer any form of vexation against another person
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 the proposed fraternity, sorority, or organization
shall be prima facie vexation for purposes of this section. Provided
further, that violation of this section shall be punished by prision
correccional in its minimum period.

ident or alumni
jon who actually



b) The owner of the place where hazing is conducted shall be liable
as a principal when he has actual knowledge of the hazing conducted
therein but failed to take any action to prevent the same from
occurring or failed to promptly report the same to the law
enforcement authorities if he can do so without peril to himself or his
family. If the hazing is held in the home of one of the officers or
members of the fraternity, sorority, or organization, the parents shall
be held liable as principals when they have actual knowledge of the
hazing conducted therein but failed to take any action to prevent the
same from occurring or failed to promptly report the same to the law
enforcement authorities if he can do so without peril to himself or his
family.

c) The school authorities including faculty members as well as
barangay, municipal or city officials shall be held administratively
liable for hazing conducted by fraternities, sororities and other
organizations if it can be shown that the school or barangay,
municipal or city official allowed or consented to the conduct of
hazing or where there is actual knowledge of hazing, but failed to
take any action to prevent the same from occurring or failed to
promptly report to the law enforcement authorities if the same can
be done without peril to the person reporting or his/her family.

d) The officers, former officers, or alumni of the fraternity, sorority,
or organization who actually planned the hazing although not
present when the acts constituting the hazing were committed shall
be liable as principals. A fraternity, sorority or organization's faculty
adviser who is present when the acts constituting the hazing were
committed and failed to take action to prevent the same from
occurring or failed to promptly report the same to the law
enforcement authorities if he can do so without peril to himself or his
family shall be liable as principal.

e) The presence of any person during the hazing is prima facie
evidence of participation therein as principal unless he prevented the
commission of the acts punishable herein or promptly reported the
same to the law enforcement authorities if he can do so without peril
to himself or his family.

f) The incumbent officers of the fraternity, sorority or organization
concerned shall be jointly liable with those members who actually
participated in the hazing. The prima facie presumption that arises
herein shall be rebutted only by the individual defense of desistance
and renunciation by the accused.

g) Any person charged under this Act shall not be entitled to the
mitigating circumstance that there was no intention to commit so



grave a wrong.
h) This Section shall apply to the president, manager, director or
other responsible officer of a corporation engaged in hazing as a
requirement for employment in the manner provided herein.

Any judgment of final conviction shall be reflected in the scholastic
record, personal or employment record of the person convicted,
regardless of when the conviction is arrived at.

SEC. 12. Separability Clause. - If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or
provisions not affected thereby shall remain in full force and effect.

SEC. 13. Repealing Clause. - Republic Act No. 8049 is hereby
repealed. All other laws, decreed, executive orders, proclamations,
rules and regulations, or parts thereof inconsistent with the
provisions of this Act are hereby amended, repealed or modified
accordingly.

SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in any newspaper

of general circulation.

Approved,