Summary

This study sought to answer the following questions:

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:

1.1 The common hazing practices in the Philippines

1.2 Implications of hazing in the society

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

during the implementation of Republic Act 8049.

3. How are the school administrators and officials liable for the University Fraternity-

involved injuries and other hazing incidents punished?

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

description, analysis and interpretation of the present nature, composition, or processes of

phenomena. It involves more than mere gathering of data. The real meaning of the data collected

should be stated after the data has been sorted.

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

organizations as initiation rites.

1.1 Common Hazing Practices

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

often taken-for-granted or accepted as “harmless” or meaningless. Subtle hazing typically

involves activities or attitudes that breach reasonable standards of mutual respect and place

new members/rookies on the receiving end of ridicule, embarrassment, and/or humiliation

tactics. New members/rookies often feel the need to endure subtle hazing to feel like part of

the group or team.

Some Examples:

• Deception

• Deprivation of privileges granted to other members

• Requiring new members/rookies to perform duties not assigned to other members

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

causes undue stress for new members/rookies.

Some Examples:

• Verbal abuse

• Threats or implied threats

Violent hazing includes behaviors that have the potential to cause physical and/or

emotional, or psychological harm.

Some Examples:

• Forced or coerced alcohol or other drug consumption

• Beating, paddling, or other forms of assault

• Forced or coerced ingestion of vile substances or concoctions

1.2 Implications of Hazing in the Society

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:

 Loss of reputation within the community and the national community

 A gradual destruction of the true meaning and values of the organization

 Individuals and their organization are accountable to the national and/or international

offices as well as institutional and local governing boards.

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

resulting shame can have lasting effects.

1.3 The Positive and Negative Side of Joining Fraternities in Universities

Positive Side of Joining Fraternities

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.

Participating in the organizational affairs of a fraternity or sorority builds students' collaboration

also see a link between membership and success later in life.

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

by friends and engaged at all times in events and activities.

Fraternities typically have some professional development and service opportunities. In

fact, while social motives are more common, some fraternities make community service a staple

of membership. Opportunities for community involvement, resume development and leadership

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

last long after you. You become part of a tradition.

Negative Side of Joining Fraternities

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.

This kind of exclusivity is counterproductive to what a college social environment should be

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.

2. Philippine Government’s Measure Regarding The Issues Encountered During The

Implementation Of Republic Act 8049

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

two school or fraternity representatives be present.

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

committed upon him.

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

on the other hand should absolutely be prohibited in all its forms.

3. School’s Liability For Hazing-Related Injuries

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

administratively accountable for hazing conducted by the fraternities, sororities, other

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

Based on the findings, the following conclusions were drawn:

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

process of being initiated or introduced while hazing is an initiation or behavior that

involves humiliation, harassment or abuse, particularly in universities and in the military

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

organizational resources to enhance their creativity. Universities must also provide an

outline of non-acceptable activities and behaviors, and create internal sanctions for

members who violate the policy.

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

incentives for the implementation of non-hazing group initiations and activities.

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.