FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
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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 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. 
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 
punishable in the Anti-Hazing Law. This, notwithstanding the 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.' 
' This hill was originally filed in the Thirteenth Congress, Third Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
-7 
.\ilk -4 ,'I 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING REPUBLIC ACT NO. 8049, ALSO KNOWN AS 
VIOLATION OF THE ACT 
THE ANTI-HAZING LAW OF 1995, SECTION 4 ON THE PENALTIES FOR THE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 4 of Republic Act No. 8049, also known as the Anti-Hazing Law 
of 1995 is hereby amended to read 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, 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. 
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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 perfonnance on the activity or work in which he was 
habitually engaged for a period of more than ninety (90) days. 
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5. The penalty ofprison 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. 
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same period. 
6. The penalty ofprison 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 
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period. 
7. The penalty ofprison 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 
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medical attendance. 
8. The penalty ofprison 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 
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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 
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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; 
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(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 howledge 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. 
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[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. 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, 
jps15-7-01 
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