REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
BAGUIO CITY
YOUTH CONGRESS
FIRST REGULAR SESSION
House Bill no. 2925
Introduced by Gerald P. Mesina
AN ACT STRENGTHENING REPUBLIC ACT NO. 8049 KNOWN AS AN ACT
REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN
FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND
PROVIDING PENALTIES THEREFORE
Be it enacted by the 3rd year students of the DPSPA College of Economics finance and Politics
Section 1. Section 1 of Republic Act No. 8049 is hereby amended to read as
follows:
Section 1. Hazing, as used in this Act, is an often ritualistic test, an
initiation rite, practice or persecution of prospective members of a
group 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 harassment, abuse, forcing him to do mental, silly,
foolish and other similar tasks or activities or otherwise subjecting him to physical or
psychological suffering or injury and mental forms of hazing.
The term “organization” shall include 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 fitness of prospective regular members are the Armed Forces of
the Philippines and the Philippine National Police as approved by the Secretary of the
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 considered as hazing for the purpose of this Act.
Section 2. Section 2 of Republic Act No. 8049 is hereby amended to read as
follows:
Section 2. No hazing or initiation rites in any form or manner by a fraternity,
sorority or organization shall be allowed without prior notice to the school authorities or
head of the organization and to guardians of the neophyte if there is any, seven days before the conduct of such initiation. The written
notice shall indicate the period of the initiation activities, the place where the
initiation activities will be conducted which shall not exceed two
(2) days, shall include the names of those to be subjected to such activities,
Including the officers and members of the organization,
sorority and fraternity, who will participate therein and
shall further contain an undertaking that no physical violence, harassment, mental torture, humiliation, and embarrassment be employed by anybody
during such initiation rites. No minor shall be subjected to hazing or
any form of initiation rites
Section 3. The head of the school or organization or their representative must
assign at least five 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
physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.
Section 4. Section 4 of Republic Act No. 8049 is hereby amended and read as
follows:
Section 4. If the person subjected to hazing or other forms of initiation rites
suffers any physical injury, mental disorder, or dies as a result hereof, the officers and members of the
fraternity, sorority or organization who actually participated in the infliction of physical
harm shall he liable as principals. The person or persons who participated in the hazing
shall suffer:
1. The penalty of reclusion perpetua to life imprisonment if death, rape, sodomy
or mutilation, Permanent insanity or mental illness, or
permanent physical disability or deformity results
there from and an indemnity of at least three hundred thousand pesos with immediate
dismissal from the school or institution in which
they are enrolled or from the police or military
service in which they belong, or as the case may be.
2. The penalty of reclusion temporal in its maximum period if the consequence
of the hazing the victim shall become imbecile, impotent or blind, Serious
physical injuries, temporary insanity or mental
illness and an indemnity of at least two hundred fifty
thousand pesos, with immediate dismissal from the
school or institution in which they are enrolled or
from the police or military service in which they
belong, or as the case may be.
3. The penalty of reclusion temporal in its medium period if in consequence of
the hazing victim shall have lost the use of speech or the power to hear or
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 and an indemnity
of at least one hundred fifty thousand pesos with immediate
dismissal from the school or institution in which
they are enrolled or from the police or military
service in which they belong, or as the case may be.
4. The penalty of prison mayor in its maximum period if
the consequence of the wing when lascivious acts
are committed or the physical injuries inflicted are
or less serious slight in nature, and when 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 days
5. The penalty of prison mayor in its medium period 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 then
days or more, or that injury sustained shall require medical assistance for the
same period
6. The penalty of reclusion perpetua shall be imposed
when the victim is minor at the time of the hazing.
prosecution under this act does not prohibit the
prosecution of the accused under Republic Act No.
7610, If applicable.
7.The penalty of reclusion perpetua shall be imposed if the victim is a female
8.The penalty of reclusion perpetua shall be imposed if the victim is mentally retarded or physically handicap.
9. The penalty of prison correctional in its maximum period if in consequence of
the hazing the victim sustained physical injuries which do not prevent him
from engaging habitual activity or work nor require medical attendance
The maximum penalty herein provided shall be imposed in any of the following
instances:
1. when the recruitment is accompanied by force, violence, threat, intimidation
or deceit on the person of the recruit who refuses to join;
2. 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;
3. 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;
4. when the hazing is committed outside of the school or institution; or
5. when the victim is below twelve 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 an 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 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 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
circumstances that there was no intention to commit so grave a wrong.
Section 5. If any provision or pat of this Act is declared invalid or
unconstitutional, the other parts or provisions thereof shall remain valid and effective
Section 6. 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 7This Act shall take effect fifteen calendar days after its publication in at
least two national newspapers of general circulation.
Approved,
Hon. Gerald Mesina
Labels: constitutional amendments