Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH (15TH) CONGRESS
__ Regular Session

House Bill No, _ UU84

Introduced by: Rep. Bernadette Herrera-Dy

EXPLANATORY NOTE,

With the recent 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 fifly-
five percent of college students inyolved 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

Furthermore, psychological suffering is recognized in addition to physical
suffering, This Act also opens perpetrators up to civil, as well as criminal, liability for

" Elizabeth J. Allan and Mary Madden, Hazing in View: College Students At Risk (2008), available at
hiip:/waw. hazingstudy.org/publicationv/hazing in view webpdf.



their participation in hazing activities, and ensures that perpetrators are vulnerable to
the most severe criminal liability available, either through this Act or an alicrnate
criminal penalty calling for even more severe punishment. Additional aggravating
circumstances are included to ensure maximum sentences in the most epreaious 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



Republic of the P
HOUSE OF REPRI
Quezon Cit

ilippines
(TATIVES

FIFTEENTH (18TH) CONGRE:
Second (2") Regular §

House Bill No.

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT AMENDING REPUBLIC ACT NO. 8049 OTHERWISE KNOWN AS
“AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION
RITES IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS

AND PROVIDING PENALTIES THEREFOR,” AND FOR OTHER
PURPOS!

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

Section 1. Short Title. - This Act shall be known as “TILE REVISED AD
ILAZING LAW OF 2012.”

Section 2. Definitions Vazing, as used in this Act. is an intentional,
knowing, or rec ct 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, bul
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 limiled 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 clements, forced consumption of any food, liquor, drug, or other substance, ot
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 fraternities, sororities, clubs, or the
Armed Forces of the Philippines, Philippine National Police, Philippine Military
Academy, or officer and cadet corps of the Citizen's Military ‘Training and Citizen's
Aumy Training. The physical, mental and psychological testing and traming 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
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
a legal and legitimate objective.

ot any activity or conduct that furthers

Section 3. Notice. No initiation rites in any form or manner by an
organization shail 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 | shall be committed by anybody during such initiation rites.

Section 4. Representatives.
Fepresentatives must assign a
organization, as the case m:

‘The head of the school or organization or theit
least two (2) representatives of the school or
y 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

Prohibited Acts. \f the person subjected to hazing or other forms

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 fiable 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,

of

i

The penalty of reclusion temporal in its maximum period (17 years, 4

months and J 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, & 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
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 activily 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 yeats) 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 correcci

nal in its minimum period (6 months and one
day {0 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 ta 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

Jearning that hazing will be committed on bis person, is prevented fiom
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,
(£) when the hazing involves the operation or other use of a motor vehicle;

(g) when the hazi

involves the consumption of an alcoholic product,

(h) when the hazing
substance;

nvolves the consumption of a drug or other illegal

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

(J) when non-resident or alumni organization members are present,

irtespective of active participation in the hazing activities,

Seetion 6. Other Conditions. As a condition of any sentence imposed
pursuant {o 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 7. 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 (o 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 lake 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

Lion 8. Impermissible Defenses

itis nota defe

nse (9 a charge of hazin

that

(a) The consent of the victim

ad 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 asa condition of membership to an
organization.

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 9, 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 10, 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 (9a), 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 11, Suits by the Victim The person against whom the having 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 secking membership whose agents, directors, trustees, managers, ot
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 12. Administrative Sanctions.

The responsible officials of the
school or of the polic

, 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 13, Anti-hazing Policy Requirement, Institutions that receive, oF

judents receive, government financial assistance, and that house any of the
organizations as defined in this Aet, must adopt a written anti-hazing policy and under
such policy mus( 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 vialations
of such rules, fo be administered by the person at the institution responsible for the
sanctioning of such organizations.

whose

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

In the case of an organization that authorizes hazing in blatant disregard of

such tules, 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 Jaws 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 therelo, the institution shall provide a copy of such policy, rules, and
penalties to cach individual at that institution and shall require the inclusion of such

policy, rules, and penalties in the bylaws of every organization operating under the
sanetion of the institution

Section 14. Separabitity Clause — In the event that any provision of this Act
is declared unconstitutional, invalid, or illegal, the constitutionality, validity, ot
fegality of the remainder of the provisions of this Act shall not be affected thereby

Section 15. Repealing Clause, Republic Act No 8049, as amended, is hereby
repealed, All laws, presidential deciees, fetlers of instructions, executive orders,
administrative orders, rules, regulations, and other issuances or parts thereof which



are contrary to of inconsistent with the provisioi
Fepealed or modified accordingly

mn 16, y. ‘This Act shall take effect fifteen (15) days following

the completion of its publication in any two (2) national newspapers of general
circulation

s of this Act are hereby revoked,

See

Approved,...