Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Seventeenth Congress
Second Regular Session

HOUSE OF REPRESENTATIVES
H.B. No. 64

Introduced by Representative H. Harry L. Roque Jr.

Republic Act No, 8049, also known as the “Anti-Hazing Law of 1995” is now 22
years old. Over that period of time, there is an expectation of strong deterrence.
However, it did not happen, as shown by even just the more recent cases of the
fatal hazing of students in the last five or so years, the latest of which was that of 22-
year old University of Sto, Tomas Law Student Horacio Castillo IIL, alllegedly by
officers and members of the Aegis Juris Fraternity, on September 16, 2017 at the
fraternity house in Manila.

There is a need to revisit the law to give it more teeth. Firstly, the law as it stands, in
particular through sections 1,2 and 3, only regulates hazing but does not really
prohibit it. The way to do it is to declare as illegal all organizations that practice all
forms of hazing, in addition to criminalizing hazing.

Secondly, in Section 4 of the law, there is a need to impose higher penalties as well as
to penalize other acts arising from hazing, if only to ensure greater deterrence, Also,
section 4, third to the last sentence of said Act states that the mere 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 therein.

The sentence was inserted to ensure that every person witness to a hazing should do
his part to prevent it. Thus, failure to act on his part would make him a principal.

Thirdly, there is a need to fine tune this portion of Section 4 of the law, as there are
circumstances when the mere presence of any person during the hazing does not
make him a principal because there are instances where the person present is unable
to prevent the commission of the acts punishable, as when he is subjected to some
insuperable force as defined under Art. 12 (7) of the Revised Penal Code.

‘Therefore, in order to make the law conform to the Constitution and to reality, the
said sentence should also be amended as to follow det der the
Revised Penal Code.

H. HARRY L. ROQUE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

HOUSE OF REPRESENTATIVES
HB. No.

Introduced by Representative H. Harry L, Roque Jr.
AN ACT AMENDING REPUBLIC ACT NO, 8049, ALSO KNOWN AS THE ANTI-
HAZING LAW OF 1995, SECTION 4 ON THE PENALTIES FOR THE VIOLATION
OF THE ACT

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Sections 1 and 2 and 4 of Republic Act No, 8049, also known as
the Anti-Hazing Law of 1995 is hereby amended to read as follows:

“Section 1, Hazing, as used in this Act, is an initiation rite or practice imposed
as prerequisite for admission into membership in a fraternity, sorority or any
organization, by subjecting the recruit, neophyte or applicant to any form of physical
and/or psychological suffering or injury, including, but not limited to, beating,
burning, cutting, kicking, slapping, punching, boxing or wounding him in any part
of the body with the use of any object or tool and/or subjecting him to serious
emotional or psychological injury as may later on be determined by any competent
professional. The term does not include any activity in which the recruit, neophyte
or applicant is asked to do menial, silly, foolish and other similar tasks or
activities that does not involve any physical or serious emotional and psychological


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harm. Any organization that practices initiation rites through hazing as defined by
the law is hereby declared illegal.

‘The term "organization" shall include any club or the Armed Forces of the
Philippines, Philippine National Police, Philippine Military Academy, or officer and
cadet corp of the Citizen's Military Training and Citizen's Army Training. The
physical, mental and psychological testing and training procedure and practices to
determine and enhance the physical, mental and psychological fitness 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 duly recommended by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the Philippine National Police shall not be
considered as hazing for the purposes of this Act.”

“Section 2. No initiation rites in any form or manner by a fraternity, sorority
or organization shall be allowed without prior written notice to the school
authorities or head of organization seven (7) days before the conduct of such
initiation. The written notice shall indicate the period of the initiation activities
which shall not exceed three (3) days, shall include the names of those to be
subjected to such activities, and shall further contain an undertaking that no physical
violence be employed by anybody during such initiation rites.”

“Section 4. If the person subjected to hazing or any initiation rites suffers
any physical injury or dies as a result thereof, the officers and members of the
fraternity, sorority or organization who actually participated in the infliction of
physical harm shall be liable as principals. The person or persons who participated
in the hazing shall suffer:

i The penalty of reclusion perpetua (life imprisonment) if death, rape,
sodomy or mutilation results there from.


The penalty of reclusion temporal in its maximum period (17 years, 4
months and 1 day to 20 years) if in consequence of the hazing the victim
shall become insane, imbecile, impotent or blind.

.. The penalty of reclusion temporal in its medium period (14 years, 8

months and one day to 17 years and 4 months) if in consequence of the
hazing the victim shall have lost the use of speech or the power to hear or
to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall
have lost the use of any such member shall have become incapacitated for
the activity or work in which he was habitually engaged.

.. The penalty of reclusion temporal in its minimum period (12 years and

one day to 14 years and 8 months) if in consequence of the hazing the
victim shall become deformed or shall have lost any other part of his body,
or shall have lost the use thereof, or shall have been ill or incapacitated for
the performance on the activity or work in which he was habitually
engaged for a period of more than ninety (90) days,

. The penalty of prison mayor in its maximum period (10 years and one day

to 12 years if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance on the activity or work in which he was
habitually engaged for a period of more than thirty (30) days.

.. The penalty of prison mayor in its medium period (8 years and one day to

10 years) if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance on the activity or work in which he was
habitually engaged for a period of ten (10) days or more, or that the injury
sustained shall require medical assistance for the same period.

. The penalty of prison mayor in its minimum period (6 years and one day

to 8 years) if in consequence of the hazing the victim shall have been ill or
incapacitated for the performance on the activity or work in which he was
habitually engaged from one (1) to nine (9) days, or that the injury
sustained shall require medical assistance for the same period.

.. The penalty of prison correccional in its maximum period (4 years, 2

months and one day to 6 years) if in consequence of the hazing the victim


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sustained physical injuries which do not prevent him from engaging in his
habitual activity or work nor require medical attendance.

The responsible officials of the school or of the police, military or citizen's
army training organization, may impose the appropriate administrative sanctions on
the person or the persons charged under this provision even before their conviction.
The maximum penalty herein provided shall be imposed in any of the following

instances:

(a) when the recruitment is accompanied by force, violence, threat,
intimidation or deceit on the person of the recruit who refuses to join;

(b) when the recruit, neophyte or applicant initially consents to join but upon
learning that hazing will be committed on his person, is prevented from
quitting;

(c) when the recruit, neophyte or applicant having undergone hazing is
prevented from reporting the unlawful act to his parents or guardians, to
the proper school authorities, or to the police authorities, through force,
violence, threat or intimidation;

(d) when the hazing is committed outside of the school or institution; or

(e) when the victim is below twelve (12) years of age at the time of the
hazing.

‘The owner of the place where hazing is conducted shall be liable as an
accomplice, when he has actual knowledge of the hazing conducted therein but
failed to take any action to prevent the same from occurring. If the hazing is held in
the home of one of the officers or members of the fraternity, group, 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.

The school authorities including faculty members who consent to the hazing
or who have actual knowledge thereof, but failed to take any action to prevent the
same from occurring shall be punished as accomplices for the acts of hazing
committed by the perpetrators.


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‘The officers, former officers, or alumni of the organization, group, fraternity
or sorority who actually planned the hazing although not present when the acts
constituting the hazing were committed shall be liable as principals. A fraternity or
sorority's adviser who is present when the acts constituting the hazing were
committed and failed to take action to prevent the same from occurring shall be
liable as principal.

‘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 he was prevented from doing so by some lawful insuperable
cause,

Any person charged under this provision shall not be entitled to the
mitigating circumstance that there was no intention to commit so grave a wrong,

‘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.

SECTION 2, Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified or amended accordingly.

SECTION 3, Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation,

Approved,