Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City
SEVENTEENTH (17°) CONGRESS
Second Regular Session

House Bill No. 6895

—

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

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EXPLANATORY NOTE

The enactment of Republic Act 8049 or the Anti-Hazing Law of 1995
did not stop the brutal rites to admit new members into a brotherhood, sorority,
club, organization or profession. Inflicting serious injuries to most, if not to all
initiates and even resulting to deaths.

According to reports, from 2000 up to 2014, twenty two (22) deaths were
reported with ages ranging from 15 to 25 years old. In 2009 a young girl, Glacy
Monique Dimaranan, a 15 year old died during an initiation rite with a single
gunshot wound in the head when a member of the brotherhood accidentally
pulled a loaded gun he was pointing to the victim.

The following year, another 15 year old, Noel Borja an elementary pupil
was beaten to death when the members of the fraternity he is being initiated into
learned that his father belonged to a rival fraternity.

In 2012, two San Beda law students, Marvin Reglos and Marc Andre
Marcos, were reportedly killed in separate initiation rites by two different
fraternities. The accused in marcos’ death were cleared of the charges the
following year. Another victim died the following year, John Mark Dugan, a 19
year old student of Maritime Academy of Asia and the Pacific. In 2014, a Benilde
sophomore, Guillo Servando also died after suffering severe beating in an
initiation rite of a fraternity.

In 2001, four deaths were reportedly linked to initiation rites with two
victims were military cadets, one (1) is an 18 year-old probationary midshipman
and another was an aspiring doctor. That year registered the most number of
deaths linked to initiation rites.


Many of these victims’ families and loved ones are still crying for
justice.

Violence and the use of it against a person without due cause such as
protection and defense of self against an imminent threat to life and liberty, is
inherently evil. No reason can justify the use of violence or inflicting harm to
another person whether it be physical or psychological. In the case of initiation
rites, inflicting harm to an initiate to test his or her will, determination and
instilling loyalty to a fraternity, sorority, club, organization or profession does not
negate the malevolence in said act.

After twenty two (22) years and twenty two (22) deaths after the
passage of R.A. 8049 or the Anti-hazing Law of 1995, it is high time that we
revisit the law and strengthen it to prevent another death resulting from hazing
during initiation rites.

Hence, the immediate passage of this bill is earnestly sought.

eu Coy

ERIC OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17) CONGRESS
Second Regular Session
House Bill no.6895

_—_—_—

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

OO

AN ACT STRENGTHENING REPUBLIC ACT 8049 OR THE ANTI-HAZING
LAW OF 1995, AMENDING IT FOR THAT PURPOSE

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

Section 1. Sections 1, 2 and 3 of R.A. shall read as follows:

“Section 1. Hazing, as used in this Act, is an INTENTIONAL, KNOWING,
OR RECKLESS ACT 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 as a Prerequisite for admission into
membership in a fraternity, sorority or organization AFFILIATING WITH,
PARTICIPATING IN, HOLDING OFFICE IN, OR MAINTAINING MEMBERSHIP IN
ANY ORGANIZATION. “HAZING” INCLUDES, BUT IS NOT LIMITED 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
ELEMENTS, FORCED CONSUMPTION OF ANY FOOD, LIQUOR, DRUG OR
SUBSTANCE, OR OTHER FORCED PHYSICAL ACTIVITY THAT SUBJECTS THE
INDIVIDUAL TO AN UNREASIONABLE 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 FROMN 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, any
club or the Armed Forces of the Philippines, Philippine National Police, Philippine
Military Academy, or officer and cadet corp of the Citizen's Military Training and
Citizen's Army Training. The physical, mental and psychological testing and
training 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.”

Section 2. No initiation rites in any form or manner by a fraternity,
sorority or organization shall 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 ANY KIND AS DEFINED IN SECTION 1 SHALL be employed by
anybody during such initiation rites.

Section 3. The head of the school or organization or their representatives
must assign at least two (2) representatives of the school or organization, as the
case may be, to be present during the initiation. It is the duty of such
representative to see to it that no harm of any kind AS DEFINED ABOVE shall be
inflicted upon a recruit, neophyte or applicant.

Section 2. Section 4 shall be amended and additional sub-
paragraphs added, and shall read as follows:

“Section 4. If the person subjected to hazing or other forms of initiation
rites 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 OR PSYCHOLOGICAL 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,
INCLUDING SUICIDE, 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.


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 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.

9. THE PENALTY OF PRISON CORRECIONAL IN TS MINIMUM PERIOD
(6 MONTHS AND ONE DAY TO 2 YEARS AND 4 MONTHS) IF IN CONSEQUENCE
OF THE HAZING THE VICTIM WAS SUBJECT TO SUBSTANTIAL RISK OF
PHYSICAK INJURY OR DEATH, BUT DID NOT SUSTAIN ACTUAL PHYSICAL
INJURIES.

10. THE PENALTY OF A FINE NOT TO 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 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;

d. when the hazing is committed outside of the school or institution;

e. when the victim is below twelve (12) years of age at the time of the
hazing;

f. WHEN THE HAZING INVOLVES THE OPERATION OR OTHER USE OF
A MOTOR VEHICLE;

g- WHEN THE HAZING INVOLVES THE CONSUMPTION OF AN
ALCOHOLIC PRODUCT, A DRUG OR OTHER ILLEGAL SUBSTANCE;

h. WHEN THE HAZING INVOLVES THE USE OF A DANGEROUS
WEAPON; OR

i, WHEN NON-RESIDENT OR ALUMNI ORGANIZATION MEMBERS ARE
PRESENT, IRRESPECTIVE OF ACTIVE PARTICIPATION IN THE HAZING
ACTIVITIES.

XXX"

Section 3. New sections: Sections 5, 6, 7, 8 and 9 shall be added and the
following sections shall be renumbered accordingly:

“SECTION 5. IMPERMISSIBLE DEFENSES, - IT IS NOT A DEFENSE TO A
CHARGE OF HAZING THAT:

a, THE CONSENT OF THE VICTIM HAD 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 AS A CONDITION OF
MEMBERSHIP TO AN ORGANIZATION.

ANY PERSON CHARGED UNDER THIS ACT SHALL NOT BE ENTITILED
TO THE MITIGATING CIRCUMSTANCE THAT THERE WAS NO INTENTION TO.
COMMIT SO GRAVE A WRONG.


SECTION 6. VICTIM . - THIS ACT SHALL 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 7. 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 (7)(a), A PERSON MAY BE SEPARATELY PUNISHED,
BOTH FOR THE HAZING OFFENSE AND THE CONDUCT COMMITTED BY THE
PERSON HAZED.

UNDER SECTION (7)(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 8. SUITS BY THE VICTIM. - THE PERSON AGAINST WHOM THE
HAZING 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
SEEKING MEMBERSHIP WHOSE AGENTS, DIRECTORS, TRUSTEES,
MANAGERS, OR 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
AS A RESULT.

SECTION 9. ADMINISTRATIVE SANCTIONS. - 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.

SECTION 10. ANTI-HAZING POLICY REQUIREMENT. - INSTITUTIONS
THAT RECEIVE, OR WHOSE STUDENTS RECEIVE, GOVERNMENT FINANCIAL
ASSISTANCE, AND THAT HOUSE ANY OF THE ORGANIZATIONS AS DEFINED
IN THIS ACT, MUST ADOPT A WRITTEN ANTI-HAZING POLICY AND UNDER
SUCH POLICY MUST 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 VIOLATIONS OF SUCH RULES, TO BE ADMINISTERED BY
THE PERSON AT THE INSTITUTION RESPONSIBLE FOR THE SANCTIONING OF
SUCH ORGANIZATIONS.


SUCH PENALTIES MAY INCLUDE THE IMPOSITION OF FINES; THE
WITHOLDING OF DIPLOMAS OR TRANSCRIPTS 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 RULES, 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 LAWS 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 THERETO, THE INSTITUTION SHALL
PROVIDE A COPY OF SUCH POLICY, RULES, AND PENALTIES TO EACH
INDIVIDUAL AT THAT INSTITUTION AND SHALL REQUIRE THE INCLUSION OF
SUCH POLICY, RULES AND PENALTIES IN THE BY-LAWS OF EVERY
ORGANIZATION OPERATING UNDER THE SANCTION OF THE NINSTITUTION.

xXx

Section 4. If any provision or part of this Act is declared invalid or
unconstitutional, the other parts or provisions thereof shall remain valid and
effective.

Section 5. All laws, orders, rules or regulations which are inconsistent
with or contrary to the provisions of this Act are hereby amended or repealed
accordingly.

Section 6. This Act shall take effect fifteen (15) calendar days after its
publication in at least two (2) national newspapers of general circulation.

Approved,