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> Hazing

Not all forms of hazing are prohibited. That form of hazing where a neophyte suffers physical injury or dies is what is prohibited and penalized by law.

What is hazing?

This is clear in the provisions of Republic Act No. 8049 or the Hazing Regulation Act. Hazing is defined as an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.

From this definition, hazing is thus not limited to beating the back portion of a neophyte’s thighs with a paddle for a hundred or so times until it becomes black and blue and bleeds when the skin ruptures, or to having practically every part of the body get hit as the neophyte does an “indian run.” The law also considers as hazing when the recruit is made to walk for several kilometers and, at the designated place, to drink a bottle of gin in only three gulps; or when the applicant is required to get the signatures of every member of the organization; or when the applicant is forced to walk or stand in the middle of the football court under the midday sun while dressed in long sleeves with tie, to boot.

Application of R.A. No. 8049

The law applies not only to fraternities and sororities but also to organizations. The term “organization” is clarified in the statute to include any club, the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Military Academy, the officer and cadet corps of the Citizen’s Military Training or Citizen’s Army Training.

What is not hazing?

The law also makes it clear that the physical, mental and psychological testing and training procedure and practices duly recommended by the Chief of Staff of the AFP and the Director General of the PNP for the purpose of determining and enhancing the physical, mental and psychological fitness of prospective regular members of the AFP and the PNP are not hazing.

When is hazing lawful?

For hazing or any initiation rite to be lawful, the fraternity, sorority or organization should first submit a written notice to the school authorities or head of the organization at least seven (7) days prior that it will conduct such an activity. The law specifies what the written notice should contain, specifically, the names of the persons to be subjected to hazing or initiation; the number of days the activity will last, which should not be more than three (3) days; and an undertaking that no physical violence will be employed. Once notified, the school authorities or head of the organization must, in turn, assign a minimum of two (2) representatives of the school or organization to witness the hazing or initiation. The latter’s duty is to ensure that no physical harm of any kind will be inflicted upon any neophyte.

When does hazing become unlawful?

However, notwithstanding the written notice and the presence of the representatives of the school or organization, the hazing or initiation rite becomes unlawful if a neophyte suffers physical injury or dies.

Who are liable as principals?

When this happens, the members of the fraternity who actually participated in the infliction of physical harm are liable as principals. So are the officers, former officers or alumni of the fraternity who actually planned the hazing although not present at the place where the hazing was conducted; the officers or members of the fraternity who knowingly cooperated in carrying out the hazing by inducing the victim to be present in said place; and the fraternity’s adviser who was present but did not do anything to prevent the hazing.

If the hazing where a neophyte is injured or killed takes place at the house of one of the officers or members of the fraternity, the parents are also liable as principals provided they have actual knowledge that it would be conducted at their house and they did not do anything to prevent the same from happening.

Prima facie evidence of participation as principal

There is also a presumption that the mere presence of a person at the place where the hazing or the initiation rite was conducted that resulted in the death or physical injuries of any of the neophytes makes him liable as a principal unless he proves in court that he did something to prevent the hazing from occurring.

Who are liable as accomplices?

School authorities including faculty members are also liable as accomplices if they consented to the hazing or they have actual knowledge of said activity but did not do anything to prevent it. The owner of the place where the hazing took place who is not the parents of any of the officers or members of the fraternity is also liable as an accomplice provided it is shown that he has actual knowledge of the activity and did not do anything to prevent it.

What is the penalty?

The penalty that may be imposed depends upon the extent of the injury suffered by the victim. It can go as high as reclusion perpetua (or 20 years and 1 day to 40 years of imprisonment) if the neophyte dies, is raped, sodomized or mutilated or as low as prision correccional (or 6 months and 1 day to 6 years or imprisonment) if the victim sustained physical injuries that did not require medical attendance or did not prevent him from working or from doing what he usually does.

Administrative sanctions on the officers or members of the fraternity, sorority or organization may also be imposed by school authorities or by the head of the organization even prior to conviction.

ERRATUM: In the last week’s column, the title of the article should have read “STATUTE OF FRAUDS” and not “Statue of Frauds.” Comments and feedback may be sent to bragais_law@yahoo.com.ph or mailed to Bragais & Bragais Law Office, Paz St., San Francisco, Naga City.