MAY ANN A. CATIPON
Elementary Grade Teacher III
Binahian A Elementary School
Lopez West District
Division of Quezon
mayann.catipon@deped.gov.ph
0320-3327@lspu.edu.ph
0927-700-6429
Anti-Hazing Act of 2018
(R.A. 8049, As Amended by
R.A. 11053)
FRATERNITIES AND
SORORITIES
RIGHT TO ASSOCIATION AND
FREEDOM OF EXPRESSION
Bill of Rights of the 1987 Philippine Constitution
• Article III, Section 4
-No law shall be passed abridging the freedom of speech,
of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for
redress of grievances.
• Article III, Section 8
-The right of the people, including those employed in the
public and private sectors to form unions, associations or
societies for purposes not contrary to law shall not be
abridged.
BRIEFER
The case of Leonardo “Lenny” Villa
• In February 1991, seven freshmen law students of
the Ateneo de Manila University School of Law
signified their intention to join the Aquila Legis Juris
Fraternity (Aquila Fraternity).
• On the night of 8 February 1991, the neophytes were
met by some members of the Aquila Fraternity
(Aquilans) at the lobby of the Ateneo Law School.
They all proceeded to Rufo’s Restaurant to have
dinner.
• Afterwards, they went to the house of Michael Musngi,
also an Aquilan, who briefed the neophytes on what to
expect during the initiation rites. The latter were
informed that there would be physical beatings, and that
they could quit at any time. Their initiation rites were
scheduled and will last for three days.
• After their “briefing”, they were brought to the Almeda
Compound in Caloocan City for the commencement of
their initiation.
• Even before the neophytes got off the van, they had
already received threats and insults from the Aquilans. As
they were walking to the compound, some of the
Aquilans delivered physical blows to them.
• 1st day of initiation:
a. The “Indian Run,” which required the neophytes to run a gauntlet
of two parallel rows of Aquilans, each row delivering blows to the
neophytes.
b. The “Bicol Express,” which obliged the neophytes to sit on the floor
with their backs against the wall and their legs outstretched while the
Aquilans walked, jumped, or ran over their legs;
c. The “Rounds,” in which the neophytes were held at the back of
their pants by the “auxiliaries” (the Aquilans charged with the duty of
lending assistance to neophytes during initiation rites), while the
latter were being hit with fist blows on their arms or with knee blows
on their thighs by two Aquilans;
d. And the “Auxies’ Privilege Round,” in which the auxiliaries were
given the opportunity to inflict physical pain on the neophytes.
• 2nd day of initiation:
The neophytes were made to present comic plays and
to play rough basketball. They were also required to
memorize and recite the Aquila Fraternity’s principles.
Whenever they would give a wrong answer, they
would be hit on their arms or legs. The neophytes
were subjected to the same manner of hazing that
they endured on the first day of initiation.
• 3rd day of initiation:
Accused non-resident or alumni fraternity members
Fidelito Dizon (Dizon) and Artemio Villareal (Villareal)
demanded that the rites be reopened. The head of
initiation rites, Nelson Victorino (Victorino), initially
refused. Upon the insistence of Dizon and Villareal,
however, he reopened the initiation rites. The
neophytes were then subjected to “paddling” and to
additional rounds of physical pain.
• Lenny (victim) received several paddle blows, one of
which was so strong that it sent him sprawling to the
ground. The neophytes heard him complaining of
intense pain and difficulty in breathing. After their
last session of physical beatings, Lenny could no
longer walk. He had to be carried by the auxiliaries to
the carport where they were to sleep.
• After an hour of sleep, the neophytes were suddenly
roused by Lenny’s shivering and incoherent
mumblings. Initially, Villareal and Dizon dismissed
these rumblings, as they thought he was just
overacting. When they realized, though, that Lenny
was really feeling cold, some of the Aquilans started
helping him. They removed his clothes and helped
him through a sleeping bag to keep him warm.
• When his condition worsened, the Aquilans rushed him to
the hospital. Lenny was pronounced DEAD ON ARRIVAL.
• There were 26 accused Aquilans that were charged in
court.
• Consequently, in 1995, Anti-Hazing Act of 1995, also known
as Republic Act No. 8049
-it is a legislation REGULATING the act of HAZING and other
INITIATION RITES in fraternities and sororities in the country.
It prohibits and penalizes physical harm and violence in such
practices.
HAZING
• The “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 other similar tasks or activities or otherwise
subjecting him to physical or psychological suffering or
injury.” (Section 1, a)
• The term "organization" shall include any club 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 Army Training. (Section 1, b)
• If a neophyte dies, has been raped, sodomized, or
mutilated, those responsible can face Reclusion
Perpetua (life imprisonment). (Section 4, 2)
MEANWHILE in year 2012Court’s Ruling:
• 19 of the accused were acquitted, 4 were found guilty of
slight physical injuries, and finally, two of the accusedappellants – Fidelito Dizon and Artemio Villareal – were
found guilty beyond reasonable doubt of the crime of
reckless imprudence resulting in homicide. (VILLAREAL
VS. PEOPLE. G.R. No. 151258. February 1, 2012.)
RA 8049 criminalized
HAZING BUT• It does not really prevent hazing from taking place as
it STILL ALLOWS initiation rites.
According to the law, these initiation rites can still push
through if:
• There is written notice addressed to the school authorities or
head of organization 7 days prior and • There are at least two representatives from the school
present during the rites.
• HOWEVER, the rules set forth by the law are not always
followed. Various organizations across the Philippines still
employ the “age-old tradition” of using violence to “test”
applicants and has become an open secret among students.
RA 8049 has NO TEETH
• Since the law was passed in 1995, the deaths due to
hazing did not really stop as there are at least 15
people who have died, while many have reported
sustaining injuries from the rites.
• The numbers do not reflect those who may have
suffered injuries but chose not to report to
authorities.
HAZING CASES
•
1995
-Mark Roland Martin of Epsilon Chi
• 1998
-Alexander Miguel Icasiano of UP Alpha Phi Beta
• 2000
-Ace Bernabe Ekid, 21, was said to have died from stroke due to rigorous training exercises at the PMA.
His family and friends, however, insisted Ace was a victim of hazing and foul play.
• 2001
-Rafael Root Albano III, an aspiring doctor, was believed to be killed by members of the Sigma Mu, a
fraternity of medical doctors in FEU, Laguna.
-Fernando Balidoy, 18, probationary midshipman, died as he was undergoing initiation conducted by
upperclassmen of the Philippine Merchant Marine Academy.
-Monico de Guzman, a Philippine Military Academy (PMA) plebe whose death was attributed to illness
by officials. His father, however, believes his son died from the notorious "beat attack" on entrants in
boot camp.
-Edward Domingo, 23. The Camiling, Tarlac native and PMA cadet reportedly died of cardio-respiratory
attack due to injuries he suffered from hard blows to the lower part of the rib cage. Two cadets were
convicted for homicide.
• 2003
-Emerson Berry Jr., 16, fourth year student from the Casanayan National High
School, was beaten to death in initiation rites of the Beta Sigma Rho brotherhood
in Pilar, Capiz.
• 2004
-Mark Welson Chua, a UST student who exposed corruption among Reserve
Officers' Training Corps officials, was killed by a fellow student. Defendants during
the trial claimed that Chua died in fraternity hazing rites.
• 2006
-Clark Anson Silverio, a UP mechanical engineering student, was declared dead on
arrival at the Manila Sanitarium Hospital after reported initiations by Tau Gamma
Phi .
-Marlon Villanueva, 21, an agriculture economics student from UP Los Baños,
succumbed to injuries sustained at a suspected APO initiation in Pansol, Laguna.
Charged were Jericho Paril, 25, and Brandon Gonzales, 22, both APO members.
-Dan Robert Talibutab, a criminology student from St. Therese College, Iloilo, was
believed to be a hazing victim of the non-accredited school organization Kapatiran
ng Kabataan sa Kriminolohiya.
•
2007
-Cris Anthony Mendez, 21, from the UP National College of Public Administration and
Governance, was declared dead on arrival at the Veterans Memorial Medical Center.
• 2008
-Chester Paulo Abracias, a Marine Technology sophomore at the Enverga University, Lucena
City, was paddled to death during a Tau Gamma Phi initiation
• 2009
-Glacy Monique Dimaranan, a 15-year-old girl who died of a single gunshot wound in the
head during initiation rites. A member of the Scout Royal Brotherhood (highschool version of
the APO) in Laguna accidentally pulled the trigger of the gun he was pointing at the victim.
• 2010
-Daniel Lorenz Jacinto, 19, from the Mapua Institute of Technology, Trece Martires, Cavite,
died from severe bruises on his thighs and body allegedly from the Cavite Cardinals initiatio
• 2011
-E.J. Karl Intia, 19, from the University of Makati who supposedly aspired to join the Alpha
Phi Omega (APO). He suffered 4 hours of hazing in the house of Rico Mansalapus. Intia’s
body was later found in a 30-meter deep ravine in Laguna.
• 2012
-Marc Andre Marcos, 20. A San Beda University law
student, he was allegedly beaten to death by members
of the Lex Leonum fraternity. The accused were cleared
from charges in 2013.
-Marvin Reglos, 25. He was a San Beda law student who
was reportedly killed during hazing rites held by the
Lambda Rho Beta in Antipolo City. San Sebastian senior
law students Erick Castillo and Bodjie Yap faced murder
charges, along with Arjay Gregana, Jufali Abdula and 11
others.
• 2013
-John Mark Dugan, 19. A sophomore marine cadet in the
Maritime Academy of Asia and the Pacific whose death
was linked to hazing.
• 2014
-Guillo Servando, 18, Benilde sophomore. He is believed to
have died from severe beating in initiation rites of Tau
Gamma fraternity.
Conviction
• In the 22 years of the law’s existence, there has been
only one conviction.
• In 2015, two Alpha Phi Omega members were found
guilty for the death of Marlon Villanueva, a UPLB
student, in 2006.
• 2017
-The death of University of Santo Tomas freshman
Horacio “Atio” Tomas Castillo III during an initiation rite
of Aegis Juris fraternity
-Castillo’s case sparked moves to amend the anti-hazing
policy.
RA 11053 or The AntiHazing Act of 2018
• Last June 2019, President Rodrigo Duterte signed RA 11053
or The Anti-Hazing Act of 2018
-This new law amends RA 8049 (Anti-Hazing Act of 1995)
-RA 11053 is an act prohibiting hazing and regulating other
forms of initiation rites of fraternities, sororities, and other
organizations.
-It gives teeth to the previous 1995 version of the law as it
now out rightly prohibits and makes hazing a criminal act
while providing more substantial penalties for those who will
be proven guilty.
Salient Features of RA 11053
• The definition of hazing has been expanded to include
“any act that results in physical or psychological
suffering, harm or injury inflicted on a recruit, member,
neophyte, or applicant" as a prerequisite for admission or
for continued membership in an organization.
• It covers acts ranging from paddling to whipping, beating,
branding, forced calisthenics, exposure to the weather,
forced consumption of any food, liquor, beverage, drug
or other substance or any brutal treatment or forced
physical activity likely to adversely affect the physical and
psychological health of such recruit.
• Banned under the law are "all forms of hazing" not only in
fraternities, sororities or organizations in schools, but also
those in communities and even businesses/corporation (as
requirement for employment) and uniformed service
learning institutions.
• It includes but not limited to any club, association, group,
fraternity, or sorority (Sec. 2c)
• HOWEVER, 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.
Did RA 11053 actually stop
HAZING?
2019
-4CL Cadet Darwin Dormitorio died due to alleged
maltreatment and torture committed by his
upperclassmen in the PMA.
Is Praeter intentionem applicable?
• Praeter intentionem
-is where the consequence went beyond that is
ended or expected. This is a mitigating circumstance
(Art. 13, par. 3, RPC) when there is a notorious
disparity between the act or means employed by the
offender and the resulting felony.
NO.
• Section 14 of RA 11053 expressly states that “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.”
Liabilities include:
• Those who planned or participated in the hazing which
results in death, rape, sodomy or mutilation will be
slapped with a penalty of reclusion perpetua and a fine
of P3 million.
• Reclusion perpetua and P2 million on members who
actually participated in hazing when under the influence
of alcohol or drugs; and on non-resident or alumni who
participate in hazing.
• Reclusion perpetua and P1 million on the participating
officer and members of the fraternity who were involved
in the hazing.
• Prision correccional (six months & 1 day to six years) on
anyone who intimidates or threatens another for
recruitment. This includes "persistent and repeated"
proposals or invitations to those who refused to join at
least twice.
• P1 million on the school if it approved an initiation of a
fraternity, sorority or organization where hazing
occurred.
* P1 million for former officers or alumni who try to hide
or obstruct an investigation.
• If the offender is a member of the Bar, he or she shall
be subject to disciplinary proceedings by the
Supreme Court. If the offender is in another
profession, he or she will be subject to regulation by
the Professional Regulation Commission.
• School authorities/local officials/Parents/Owner or
lessee of the house where the initiation took place
may be held liable as principal if he has actual
knowledge of hazing and did not take action to
prevent it.
Other features:
• The law also requires schools to be "more active and
proactive" in regulating school-based initiation rites, with
schools required to exercise reasonable supervision and
take proactive steps to protect students from the danger
of participating in activities that will involve hazing.
• Promulgation of procedures to regulate school-based
initiation, which requires a written application (must be
submitted seven (7) days before initiation), information
on participants and the event, an undertaking that no
harm will be done, guarantee that initiation shall not to
last more than three (3) days, and posting (i.e. in bulletin
boards, offices) of the said application (Sec. 4).
• University Representation (at least 2) during approved
initiation rites (Sec. 5).
• Mandatory registration for fraternities, sororities, and
organizations, with University students as members,
before they conduct activities in the school (Sec. 6).
• Qualification of the Fraternity, Sorority, and Organization
Adviser [must be a faculty member not belonging to the
org/frat] and his/her responsibilities during initiation [i.e.
monitor activities, presumed consent when unlawful act
is committed] (Sec. 7).
• Responsibilities of the University, to include (a)
information dissemination to students and parents
about hazing, and (b) orientation to fraternities,
sororities, and organizations at the start of the
semester (Sec. 8).
• Reflection of conviction by final judgment in the
scholastic record of the person convicted, regardless
when the judgment of conviction has become final
(Sec. 14).
Thank you for listening!