, HI' 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~J:: 
S. No. 
i:!~57 
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 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 
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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 confonn to the Constitution and to reality, the said 
sentence should be deleted. 1 
I This bill was originally filed in the Thirteenth Congress, Third Regular Session. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 
2257 
-
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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AMENDING REPUBLIC ACT NO. 8049, ALSO KNOWN AS THE ANTI-HAZING LAW 
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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: 
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SECTION I. Section 4 of Republic Act No. 8049, also known as the Anti-Hazing Law of 
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1995 is hereby amended to read as follows: 
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"Section 4. If the person subjected to hazing or other forms of initiation 
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rites suffers any physical injury or dies as a result thereof, the officers and 
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members of the fraternity, sorority or organization who actually participated in the 
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infliction of physical harm shall be liable as principals. The person or persons 
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who participated in the hazing shall suffer: 
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I. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or 
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mutilation results there from. 
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2. The penalty of reclusion temporal in its maximum period (17 years, 4 months 
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and I day to 20 years) if in consequence of the hazing the victim shall become 
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insane, imbecile, impotent or blind. 
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3. The penalty of reclusion temporal in its medium period (14 years, 8 months 
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and one day to 17 years and 4 months) if in consequence of the hazing the victim 
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shall have lost the use of speech or the power to hear or to smell, or shall have lost 
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an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such 
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member shall have become incapacitated for the activity or work in which he was 
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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 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 prision mayor in its maximum period (10 years and one day to 
12 years) if in consequence of the hazing the victim shaH 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 prision 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 shaH require medical assistance for the period. 
7. The 'penalty of prision mayor in its minimum period (6 years and one day to 8 
years) if in consequence of the hazing the victim shaH 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 medical attendance. 
8. The penalty of prision 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 assistance. 
The responsible officials of the school or ofthe 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 shaH be imposed in any of the 
following instances: 
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(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 tbe 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 nnlawful act to his parents or guardians, to the 
proper school authorities, or to the police authorities, through force, violence, 
threat or intimidation; 
hazing. 
(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 
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. 
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[The presence of any person during the hazing is prima facie evidence of 
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participation therein as principal unless he prevented the commission of the acts 
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punishable herein.] 
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Any person charged under this proVISIOn shall not be entitled to the 
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mitigating circumstance that there was no intention to commit so grave a wrong. 
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This section shall apply to the president, manager, director or other 
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responsible officer of a cOlporation engaged in hazing as a requirement for 
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employment in the manner provided herein." 
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SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in:at least two (2) newspapers of general circulation. 
Approved, 
iptmt05juiy201O 
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