THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Third Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Republic Act No. 8049, also known as the “Anti-Hazing Law of 1995” is the law 
specifically crafted to combat the then rising incident of hazing. Section 4, third to the last 
sentence of said Act provides that the mere presence of any person during the hazing is piimu 
Jncie evidence of participation therein as principal unless he prevented the conniiissioii 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. 
However, the sentence should be removed because it goes against the constitutional right 
to presumption of innocence. The mere presence of any person during the hazing should not 
make him a principal because there are instances where the person present is unable to prevent 
the commission of the acts punishable therein. For instance, a house help present during a 
hazing would automatically qualify as a principal unless he prevented the commission of the acts 
piuiishable in the Anti-Hazing Law. This, notwithstauding thc reality that a house help, more 
often than not, has no voice in the household where he serves. Speaking up to prevent hazing 
would most likely cost him his job. 
Therefore, in order to make the law conform to the Constitution and to reality, the said 
sentence should be deleted. 


TI-IIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Third Regular Session 
1 
Introduced by Senator Miriain Defensor Santiago 
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 irr 
Congress assembled: 
SECTiON 1. Section 4 of Republic Act No. 8049, also known as tlie Anti-Hazing Law 
of 1995 is hereby amended to read as follows: 
Section 4. If tlie person subjected to hazing or other forms of initiation rites suffers any 
physical injury or dies as a result thereof, tlie officers and meiiibers or tlie fraternity, sorority or 
organization who actually participated in the infliction of physical hanii 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, rape, sodomy or 
mutilation results there from. 
2. The penally of reclusion temporal in its inaximum period (17 yeai-s, 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 iiiedium 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. 


4. The penalty of recfusiori lenzporcil 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 tlie use thereof, or shall have 
been ill or incapacitated for tlie perromance on the activity or work in which he was 
habitually engaged for a period of inore than ninety (90) days. 
S .  The penalty ofprison mayor in its maxinium period (IO 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. 
6. The penalty ofprison nzuyor in its medium period (8 years and one day to 10 ycars) if 
in consequence of the hazing the victim shall have been ill or incapacitated for the 
performance on the activity or work in which hc 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 orprison mayor in its ininiinuin 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 reqnire medical assistance for the saine 
period. 
8. The penally ofprison corueccional in its maximum period (4 years, 2 months and one 
day to G years) if in consequence of the hazing the victim sustained physical injuries 
which do not prevent him fiom engaging in his habitual activity or work nor require 
medical attendance. 
The responsible officials oC 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 licrcin 
provided shall be imposed in any of the following instances: 
(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit 
011 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 tlie recruit, neophyte or applicant having undergone hazing is prevented from 
reporting the unlawfLi1 act to his parents or guardians, to the proper scliool authorities, or 
to the police authorities, through force, violence, threat or intimidation; 
(d) when tlie hazing is committed outside of the school or institution; or 
(e) when the victim is below twelve (12) years of age at the time ofthe hazing 
The owner ofthe place where hazing is conducted shall be liable as an accomplice, when 
lie 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 
tlie fraternity, group, or organization, the parents shall be held liable as principals when they 
have actual knowledge of tlie hazing conducted therein but failed to take any action to prevent 
the same fiom occurring. 
Thc school authorities including raculty 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 cominitted by the perpetrators. 
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 wcre 
coinniitted shall be liable as principals. A fraternity or sorority's adviser who is present when tlie 
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.] 
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 thc manner provided 
herein. 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter o f  instruction, adininistrative order, rule or regulation contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 3. Efectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
jpsI5-7-07