Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

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SIXTEENTH CONGRESS
First Regular Session

~ EXPLANATORY NOTE

Last year, Marvin Reglos, a freshman law student from San Beda Law School has produced
yet again another victim of fraternity-related violence. He is another name added to the many
victims of fraternities who have gone to extreme measures to foster brotherhood and kinship among
new members

In a landmark decision of Justice Maria Lourdes Sereno, the Supreme Court found five (5)
members of the Aquila Legis Juris Fraternity guilty of reckless imprudence resulting to the death of
Leonardo “Lenny” Villa twenty-one years ago during the organization's initiation rites.

In this 68-page decision, the high tribunal recommended that Congress amend the Anti-
Hazing Law “to include the fact of intoxication and the presence of non-resident or alumni fraternity
members during hazing as aggravating circumstances that would increase the applicable penalties.

This is the answer to the call. This bill seeks to include the said circumstances as aggravating
circumstances to consider in the application of penalties of violators of Republic Act 8049, also
known as the Anti-Hazing Law.

The State, as a declaration of policy, should condemn all acts of fraternity-related violence,
most especially thgse happening in an academic environment. This includes initiation rites that
subject the neophftds to intense physical and psychological torture

The bill w.
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CHRISTORHER S. CO Roo



Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

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House BILLNo,__ 6368

Introduced by CHRISTOPHER S. CO and RODEL M, BATOCABE

AN ACT INCLUDING THE FACT OF INTOXICATION AND THE PRESENCE OF NON-RESIDENT OR
ALUMNI FRATERNITY MEMBERS DURING HAZING AS AGGRAVATING CIRCUMSTANCES TO
INCREASE APPLICABLE PENALTIES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8049,
ALSO KNOWN AS THE ANTI-HAZING LAW.

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

SECTION 1, Section 4 of Republic Act 8049 shall be amended as follows:

Section 4. If the person subjected to hazing or other forms of 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:

1. The penalty of reclusion perpetua (life imprisonment) if death, 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,
ahand, 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 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 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 to8
years) ifn 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.

The intoxication of said officers and members and the presence of non-resident or alumni
fraternity members, regardless of active involvement in the hazing, shall be considered as
aggravating circumstances in the determination of penalties imposed.

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;

(a) when the hazing is committed outside of the school or institution; or
(©) 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.

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.

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. Separability Clause. - If any provision or part hereof is held invalid or unconstitutional,
the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SECTION 3. Repealing Claus e. - Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or inconsistent with, the provision of
this Act is hereby repealed, modified or amended accordingly.

6 Approved.

SECTION 4. Effectivity. This Act shall take effect fifteen (15) days in at least one (1) newspaper of
general circulation.