Summary
Summary
Summary
1. In order for the Government to take actions that they could apply to address the problem
on increasing hazing cases in different organizations as initiation rites, we must first know:
1.3 The positive and negative side of joining fraternities in universities in the Philippines
2. The measures that the Philippine Government has undertaken when they encounter issues
3. How are the school administrators and officials liable for the University Fraternity-
Methodology
In this research, the researcher decided to use the qualitative method of research since the
field of study involves studying, analyzing and scrutinizing a law in relation to its constitutional
and other legal implications. The qualitative method of research design embraces the descriptive
method, a general procedure employed in the studies that have for its chief purpose the description
of the phenomena in contract to establish what causes them or to access their value and
significance. It involves the collection of data in order to test the hypothesis or answer the questions
regarding the current status of the subject or the study. This method is not only about “what”
people think but also “why” they think so. The research design facilitated an analysis of activities
students defined as hazing among the different student organizations, in order to describe how
different student organizations at the institution have different definitions and perceptions of
hazing activities and it also stated the duties of the university administrators to curb inhumane
hazing practices of different school organizations. A holistic and contextual approach of the
research materials was made through the qualitative research. The method was advantageous in
the sense that it allowed for more diverse responses having the capacity to adapt to new
developments or issues during the research process itself. Descriptive research involves the
phenomena. It involves more than mere gathering of data. The real meaning of the data collected
Findings
1. The hazing has become more physically violent in the Philippines, there are measures that
the Government could apply to address the problem on increasing hazing cases in different
themselves into.
Behaviors that emphasize a power imbalance between new members/rookies and other
members of the group or team is termed “subtle hazing” because these types of hazing are
involves activities or attitudes that breach reasonable standards of mutual respect and place
tactics. New members/rookies often feel the need to endure subtle hazing to feel like part of
Some Examples:
• Deception
Behaviors that cause emotional anguish or physical discomfort in order to feel like part
of the group is considered as harassment hazing. Harassment hazing confuses, frustrates, and
Some Examples:
• Verbal abuse
Violent hazing includes behaviors that have the potential to cause physical and/or
Some Examples:
By participating in hazing, not only are individuals affected, but the organization also
suffers. Individuals and their organization are accountable to the national and/or international
offices as well as institutional and local governing boards. In addition to the organization being
shut down, the following outcomes may result when members of an organization participate in
hazing:
Individuals and their organization are accountable to the national and/or international
especially, may feel a real need to fit in and be a part of their campus’ activities. They may feel
that being a part of a group, like a sorority, fraternity, or athletic team will bring them security and
protection. However, they may be stunned to find out the types on initiation they may be expected
to endure in order to join. They may be shocked and frightened, but lack the skills or strength to
resist the pressure to endure the abuse and humiliation that is a part of hazing. Those who are
subjected to hazing behaviors or events as teens or young adults may experience negative
emotional and psychological reactions for months or even years, depending on the person and the
type of trauma experienced. High school and college students can sustain physical injuries, and
can even die as a result of hazing. One of the hallmarks, and most devastating features of hazing
is degradation and humiliation. Causing them to perform humiliating acts is common, and the
One of the reasons why some college students are really determined to join into
fraternities is because Greek life also offers students a chance to develop their leadership skills.
Greek organizations help build networks that often prove beneficial to students when
looking for internships, employment, recommendations, or employees. When it comes down to it,
this is one of the strongest arguments in favor of joining a fraternity or sorority. If you join the
right house, the opportunities for fun are nearly infinite. You are at once surrounded at all times
fact, while social motives are more common, some fraternities make community service a staple
experiences can all help you grow personally and professionally. Many fraternities have extensive
alumni organizations that are great networking resources after graduation as well. Some even offer
mentoring opportunities where you can meet and get advice from an alumnus in your career field.
There are a lot of opportunities to form study groups or seek tutoring help from members
of your own organization. Greek organizations also typically have mandatory study hours and a minimum
average to maintain, which can help them stay on track and get good grades throughout their time at college.
When you join a sorority or a fraternity you become a member of a group, but you also have an opportunity
to form a close connection with one other person. The little-sister/big-sister or little-brother/big-brother
relationship is fundamental to the Greek experience. You and the person you’re paired with come to trust
each other and rely on each other. You exchange gifts, share advice, and pass on treasured
organizational memorabilia. It’s a relationship that goes beyond your average college friendship.
There are lots of options for joining groups or participating in extracurricular activities in college.
What makes Greek life different is the history of each individual fraternity or sorority. When you
join one of these groups, you become a member of something that existed long before you and will
Greek life has long been a part of the college experience and fraternities are still a popular
prospect for many new students. However, fraternities often make headlines one or more of their
members commit crimes. While all fraternities can't be lumped into one category or stereotyped
as bad, some general similarities exist that have given fraternities a negative reputation. If you're
concerned about joining a fraternity, make sure you understand the history, traditions and
reputation of its members before pledging. Most college fraternities are also known for being
gatekeepers of the alcohol supply on campus. Underage students know they can drink at fraternity
parties, which are usually hosted at fraternity housing. By offering underage students access to
alcohol, fraternities promote illegal drinking, which often leads to hospitalizations for alcohol
poisoning or alcohol-induced injuries. While some fraternities try to keep underage students out
of their parties, many don't check ID's and will allow even high school students to attend --
especially underage girls. Often times, students are encouraged not to associate with other students
who are not brothers or will be punished for being seen at social events outside of the fraternity.
member's academic standing. Most fraternities require a significant time commitment in terms of
helping with fundraisers, parties or other social events. There are usually weekly meetings to attend
and other responsibilities a student must shoulder in addition to his academic course load. Some
college students can find it hard to juggle classes and fraternity responsibilities. The pressure from
his fraternity will often cause him to sacrifice his grades in order to put the fraternity first.
Prior to the enactment of the Anti-Hazing Law (RA 8049), those who inflicted physical
violence on a victim of hazing are charged with the crime of either murder, homicide, or physical
injuries. But in these crimes, proving felonious intent or malice is essential in establishing guilt.
In other words, failure to prove intent to kill or intent to harm, will result in acquittal of the accused.
Intent to kill or harm maliciously is very hard to establish in hazing unlike in typical crimes. The
individual violent acts of the fratmen, if taken individually or singly, could not have caused the
death of the victim. The individual acts of the fratmen, in order to establish murder, homicide, or
physical injuries, should be the natural, direct, and logical consequence of death or injury. Those
were the issues that the legislators sought to address when RA 8049, or the Anti-Hazing Law, was
passed in 1995. Since the Anti-Hazing Law is a special penal law and was not made part of the
Revised Penal Code, it is not mala in se, or intent is not an element for the crime to be committed.
The implication of this is that when a victim of hazing dies or is injured as a result thereof, there
is no need to establish malice or intent. Here it is essential to prove the fact of hazing in order to
do away with proving intent. A conspiracy theory to make other members liable for the death or
injury of the victim also will probably not stand once it is proven that a prior agreement existed
among them, including the victim himself, to conduct hazing where there is prior disclosure that
physical blows and psychological punishment would occur in the course of hazing.
Many organizations, schools and universities have banned hazing, but to no avail. The
deaths continue. In 1995, the anti-hazing law, Republic Act No. 8049, was approved by President
F. Ramos. The law is impressively replete with definitions, liabilities and penalties -- reclusion
perpetua, reclusion temporal, prison mayor, prison correcional. Yet, it has unhappily failed to
stop the beatings and deaths. And in the theater of the courts, the guilty have always managed to
skillfully mitigate culpability through avenues of twisted legalese, loopholes, and appeals.
It's a law that lacks teeth, rife with flaws. It allows hazing or initiation rites with ridiculous
conditions that seem to not recognize the potential for violence: That prior notice is given seven
(7) days before, that it must not exceed three (3) days, that no physical violence be employed, that
But here lies the difficulty in charging the crime of hazing. Under RA 8049, or the Anti-
Hazing Law, “hazing” is made synonymous to initiation rites or practice, and makes punishable
the act of hazing only when the latter is a prerequisite for admission into membership in a
fraternity, sorority or organization. This explains why the present law has no teeth; there are just
too many defenses available to the perpetrators to avoid liability and secure acquittal. For example,
under the present law, if the act of violence was committed not as a prerequisite for admission into
the membership of a fraternity or organization, then there is simply no hazing to speak of. All that
the perpetrators have to do is to claim that the victim was already a member when violence was
RA 8049 does not even prohibit hazing but merely regulates it. This is so because, again,
the law made “hazing” synonymous to initiation rites. While initiation rites should be regulated to
ensure that no violence is committed against the neophytes and that abuses are prevented, hazing
Universities also provide penalties for such infractions, which may include attendance
at alcohol abuse classes, fines or suspension. This was because of the court's unfounded fear of the
return of the standard of in loco parentis. All universities must have a duty to enforce its
regulations. Many schools and states have outlined strict anti-hazing policies and enforce them to
the best of their ability. However, organizations continue to maintain old traditions, and in so doing
hurt those who seek to join them. University's enforcement of regulations and policies should
subject it to the strict liability days of in loco parentis, such active involvement should subject
them to liability. Presumably the purpose of the university's regulations and policies is to protect
the student from injury. Once the university seeks to protect the student from hazing or drinking,
the university should not be able to escape liability on the outdated notion that the university is
merely an educator. School officials should be held accountable in deaths or serious physical
injuries that result from hazing activities, whether or not they knew of the initiation rites. The
university must employ a professional staff member who is responsible for the administration of
university policies relating to fraternity/sorority activities. The issue becomes more persuasive
when the college has actual knowledge of violations of school policy and does nothing to prevent
foreseeable injuries. Universities continue to escape liability for fraternity-related injuries. There
has been great concern over liability from hazing. Many individuals have already suggested that
schools may become increasingly liable for failure to take active measures to prevent hazing.
Under RA 11053, the school shall be liable as an accomplice only and likewise be held
organizations, if it can be shown that the school allowed or consented for it to happen. The penalty
of reclusion perpetua and a fine of Three million pesos (P3,000,000.00) shall be imposed upon
those who actually participated in the hazing if, as a consequence of the hazing, death, rape,
sodomy, or mutilation results therefrom. Since it happens in school premises and it involves the
negligence of the school authorities and administrators, the university involved must be equally-
liable with the fraternities, sororities and military organizations as regards to the hazing incidents.
Conclusions
alarming that joining fraternities result to violence, humiliation and even death as part of
the rituals that students endure to gain acceptance into a popular group on campus and
universities involved in hazing incidents tend to refuse the liability incurred to them.
2. Condemning all forms of hazing in all organizations may not assure what is believed to
happen. Making more laws regarding the matter does not give remedy to the situation.
Hazing has been an issue throughout history. Its roots are deep within college history and it
may seem hard to dig up it and stop it. However, there are ways to stop hazing, but it will
take time.
3. Most importantly though, hazing cannot be regarded as same as initiation rites because the
difference between initiation and hazing is that initiation is the act of initiating, or the
organizations
Recommendations
1. We need to enact an anti-hazing law that addresses the system of hazing through the
making of the universities and organizations equally-liable for all hazing incidents.
Organizations should consider multiple solutions to solving problems and use campus and
outline of non-acceptable activities and behaviors, and create internal sanctions for
2. Campus and school officials, and student leaders must provide information to students’
parents, staff, faculty and community members about how to identify hazing and where to
report it; providing assurances of support for those who do report being hazed, establishing
consequences for those who participate in hazing; and most importantly, developing
3. The fraternity member and the universities involved should be charged with the crime
they’ve committed and other related hazing incidents to some members of the sorority,
fraternity and different organizations. Statutes and common law decisions must reinforce
the duty of school officials to exercise care to protect children from harm - a legally
enforceable obligation for schools. Teachers and coaches must be trained to take immediate
and effective action to end hazing if it is reported or observed. Policies and training alone
are not enough, however; if the school fails to show that it met its own standards, it will
have difficulty defending itself against negligence and plaintiff's attorney may be able to
demonstrate that failure to act reinforced a culture of hazing that contributed to student
harm.