HOUSE WF R28. SCNT ATES:

Republic of the Philippings RECEIVED
HOUSE OF REPRESENTATIVES pare: 05 SEP 2016
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REEISTRATION UNIT
BILLS AND INDEX SERVICE

SEVENTEENTH (17TH) CO!
First Regular Session

346

House Bill No.

Introduced by: Rep. BERNADETTE R. HERRERA-DY

THE REVISED ANTI-HAZING LAW

EXPLANATORY NOTE

With the death of Marvin Reglos and the Supreme Court ruling on the Lenny
Villa case, the issue of hazing has once again come to the forefront of national
dialogue. Hazing has been, and continues to present, a serious problem in the
Philippines and in countries across the world, including Indonesia, Russia, India, and
the United States. A 2008 study on hazing in American universities found that fifty-
five percent of college students involved in clubs, teams, or organizations have
experienced hazing, forty percent of athletes noted that their coaches or advisers were
aware of the hazing activities and over twenty percent reported involvement by the
coach, and eighty-two percent of deaths from hazing involved alcohol.' Though
similar statistics for the Philippines are unavailable, anecdotal evidence suggests a
problem of like magnitude. More must be done to correct such ubiquitous and
institutionalized activity as hazing has become.

‘The Villa case highlights a number of issues with anti-hazing legislation, some
of which have already been corrected between the time of the incident and the
Supreme Court's final ruling. The Court, however, has flagged other issues as not yet
adequately handled in current legislation. This Bill incorporates both the suggested
corrections by the Supreme Court in the Lenny Villa case as well as additional
changes based on similarly devastating incidents and subsequent legislation from the
United States

This Amendment makes all hazing illegal, instead of just regulating hazing,
with penalties ranging from fines to life imprisonment, depending on the seriousness
of the hazing incident, and makes any crimes committed by the victim as a result of
the hazing attach to the perpetrator. Importantly, this Act also expands the definition
of hazing beyond just incidences related to gaining membership in an organization

* Elizabeth J. Allan and Mary Madden, Hazing in View: College Students At Risk (2008), available at
up: eww. hacingstudy. org publications/hazing. in view web pf.


Furthermore, psychological suffering is recognized in addition to physical
suffering. This Act also opens perpetrators up to civil, as well as criminal, liability for
their participation in hazing activities, and ensures that perpetrators are vulnerable to
the most severe criminal liability available, either through this Act or an alternate
criminal penalty calling for even more severe punishment. Additional aggravating
circumstances are included to ensure maximum sentences in the most egregious cases
Finally, anti-hazing policies are now mandated for institutions receiving public
assistance and enforcement mechanisms for those policies are also required.

For anti-hazing policies to truly take effect, more must be done on the local
level to inform about the dangers of these activities and to stay vigilant in enforcing
anti-hazing regulations. However, stricter legislation criminalizing all forms of
hazing, increasing penalties, and requiring enforcement at the institutional level will
give stronger tools in the fight against hazing. The urgent approval of this bill is
earnestly sought.

IRRERA-DY


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17TH) CONGRESS
First Regular Session

3467

House Bill No.” ~~

Introduced by: Rep. BERNADETTE R. HERRERA-DY.

REVISED ANTI-HAZING LAW

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

Section 1, Definitions. Hazing, as used in this Act, is an intentional,
knowing, of reckless act by a person acting alone or acting with others that is directed
against an individual and that the person knew or should have known endangers the
physical health or safety of the individual, and that is done for purposes including, but
not limited to, pledging, being initiated into, affiliating with, participating in, holding
office in, or maintaining membership in any organization. "Hazing" includes, but is
not limited to, pressuring or coercing the individual into violating the law, any
brutality of a physical nature, such as whipping, beating, striking, branding, electronic
shocking, placing of a harmful substance on the body, or similar activity, exposure to
the elements, forced consumption of any food, liquor, drug, or other substance, or
other forced physical activity that subjects the individual to an unreasonable risk of
harm or that could adversely affect the physical health or safety of the individual, and
also includes any activity that would subject the individual to extreme mental stress,
such as sleep deprivation, forced confinement in a small space, forced exclusion from
social contact, forced conduct that could result in extreme embarrassment, or other
forced activity that could adversely affect the mental health or dignity of the
individual

The term “organization” shall include fratemities, sororities, clubs, 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
Anny 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


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of the Philippines and the Director General of the Philippine National Police shall not
be considered as hazing for the purposes of this Act, nor shall customary athletic
‘events or other similar contests or competitions or any activity or conduct that furthers
a legal and legitimate objective.

Section 2. Notice. No initiation rites in any form or manner by an
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 harm of a kind defined by the first paragraph of
Section 1 shall be committed by anybody during such initiation rites

Section 3. Representatives. The head of the school or organization or their
representatives must assign at least two (2) representatives of the school or
organization, as the case may be, to be present during the initiation. It is the duty of
such representative to see to it that no harm of a kind as here above defined shall be
inflicted upon a recruit, neophyte or applicant.

Section 4, Prohibited Acts. — If the person subjected to hazing or other forms
of initiation rites suffers any physical or psychological injury or dies as a result
thereof, the officers and members of the 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:

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

2. 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.

3. 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 or shall have become ill or incapacitated for the activity
or work in which he was habitually engaged

4. 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,

5. 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


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incapacitated for the performance on the activity or work in which he was
habitually engaged for a period of more than thirty (30) days

6. 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

7. 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.

8. 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
sustained physical injuries, which do not prevent him from engaging in his
habitual activity or work nor require medical attendance.

9. The penalty of prison correccional in its minimum period (6 months and one
day to 2 years and 4 months) if in consequence of the hazing the victim was
subject to substantial risk of physical injury or death, but did not sustain actual
physical injuries.

10. The penalty of a fine not to exceed FIFTY THOUSAND PESOS
(P50,000.00) if in consequence of the hazing the victim did not sustain and
‘was not subject to substantial risk of physical injury or death.

‘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
leaming 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;

(c) when the victim is below twelve (12) years of age at the time of the hazing:
(f) when the hazing involves the operation or other use of a motor vehicle;

(g) when the hazing involves the consumption of an alcoholic product;


(h) when the hazing involves the consumption of a drug or other illegal
substance;

(i) when the hazing involves the use of a dangerous weapon; or

(i) when non-resident or alumni organization members are present,
itrespective of active participation in the hazing activities.

Section 5. Other Conditions. As a condition of any sentence imposed
pursuant to Section 4, the court shall order the defendant to attend and complete a 4-
hour hazing education course and may also impose a condition of drug or alcohol
probation,

Section 6. Other Principals, Accessories, and Accomplices. 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 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
of 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.

‘The officers, former officers, or alumni of the organization who actually
planned the hazing although not present when the acts constituting the hazing were
committed shall be liable as principals. An organization'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,

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 7. Impermissible Defenses.— \t is not a defense to a charge of hazing
that:

(a) The consent of the victim had been obtained;

(b) The conduct or activity was not part of an official organizational event or
‘was not otherwise sanctioned or approved by the organization; or

(c) The conduct or activity was not done as a condition of membership to an
organization.


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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.

Section 8, Victim. This Act does not apply to an individual who is the
subject of the hazing, regardless of whether the individual voluntarily allowed himself
or herself to be hazed.

Section 9, Liability for Other Offenses. A prosecution under this Act does
not bar a prosecution of the defendant for:

(a) any other offense for which the defendant may be liable as a party for
conduct committed by the person hazed; or

(b) any offense, caused in the course of the hazing, that the defendant commits
against the person who is hazed.

Under Section (9(a), a person may be separately punished, both for the hazing
offense and the conduct committed by the person hazed.

Under Section (9)(b), a person may not be punished both for hazing and for
the other offense, but shall be punished for the offense carrying the greater maximum
penalty.

Section 10. Suits by the Victim.— The person against whom the hazing is
directed may commence a civil action for injury or damages. The action may be
brought against any participants in the hazing, or any organization to which the
individual is seeking membership whose agents, directors, trustees, managers, or
officers authorized, requested, commanded, participated in, or ratified the hazing
Wrongful death suits may be brought in instances where the victim of hazing has died
asa result

Section 11, Administrative Sanctions. 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.

Section 12. Anti-hazing Policy Requirement. Institutions that receive, ot
whose students receive, government financial assistance, and that house any of the
organizations as defined in this Act, must adopt a written anti-hazing policy and under
such policy must adopt rules prohibiting individuals or other persons associated with
any organization from engaging in hazing. Such institutions must provide a program
for the enforcement of such rules and must adopt appropriate penalties for violations
of such rules, to be administered by the person at the institution responsible for the
sanetioning of such organizations.

Such penalties may include the imposition of fines; the withholding of
diplomas or transcripts pending compliance with the rules or pending payment of
fines; and the imposition of probation, suspension, or dismissal


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In the case of an organization that authorizes hazing in blatant disregard of
such rules, penalties may also include rescission of permission for that organization to
operate under the sanction of the institution,

All penalties imposed under the authority of this Section shall be in addition to
any penalty imposed for violation of any criminal laws or for violation of any other
rule of the institution to which the violator may be subject.

Upon approval of the anti-hazing policy and of the rules and penalties adopted
pursuant thereto, the institution shall provide a copy of such policy, rules, and
penalties to each individual at that institution and shall require the inclusion of such
policy, rules, and penalties in the bylaws of every organization operating under the
sanction of the institution

Section 13. Separability Clause — in the event that any provision of this Act
is declared unconstitutional, invalid, or illegal, the constitutionality, validity, or
legality of the remainder of the provisions of this Act shall not be affected thereby.

Section 14, Repealing Clause. Republic Act No. 8049, as amended, is hereby
repealed. All laws, presidential decrees, letters of instructions, executive orders,
administrative orders, rules, regulations, and other issuances or parts thereof which
are contrary to or inconsistent with the provisions of this Act are hereby revoked,
repealed or modified accordingly.

Section 15. Effectivity. This Act shall take effect fifteen (15) days following
the completion of its publication in any two (2) national newspapers of general
circulation.

Approved,...