Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 8731

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr, and
REP. CHRISTOPHER S. CO

EXPLANATORY NOTE

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 its 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 those happening in an academic environment. This includes
initiation rites that subject the neophytes to intense physical and psychological torture.

The call for a stricter law penalizing hazing persists to stop the danger it poses to
the lives of the youth. A recent example is the death of Guillo Cesar Servando, a
student of De La Salle-College of St. Benilde, who died on June 28, 2014 due to hazing
initiation,

The bill was filed in the 15" Congress but for lack of time, its progress was halted
at the committee level. In light of all these cifcumstances, the swift ‘passage ofthis bil is
eajfiestly sought

#

Re |. BATOCABE ALFREDO A\\G.


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
3784
873t

HOUSE BILL No.

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr. and
REP. CHRISTOPHER S. CO.

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, 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.

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;

(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 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 Clause. - 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

Approved