RA 8049 Anti Hazing

REPUBLIC ACT 8049:
ANTI-HAZING LAW
Is hazing allowed in the Philippines?
 YES.
 It is not prohibited
 Merely regulated
 What is only prohibited?
• Employment of physical violence
How is hazing defined? (Sec. 1)
 It is 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.
Who are covered by the law? (Sec. 1)
 Any club
 Armed Forces of the Philippines
 Philippine National Police
 Philippine Military Academy
 Officer and cadet corps of the Citizen's Military Training or
Citizen's Army Training
What is not covered? (Sec. 1)
 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 as
approved by the Secretary of 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.
When is hazing allowed? (Sec. 2)
 It is allowed only when there is a prior written notice to
the school authorities or head of organization seven (7)
days before the conduct of such initiation.
 The written notice shall indicate the period of the
initiation activities which shall not exceed three (3) days,
shall include the names of those to be subjected to the
activities and shall "contain an undertaking that no
physical violence be employed by anybody during such
initiation rites.”
When is hazing allowed? (Sec. 3)
 The head of the school or organization or their
representatives must assign at least two (2)
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.
What are the legal consequences of
hazing? (Sec. 4)
 It will depend on what will happen

with the neophyte or applicant.
Who are liable for hazing? (Sec. 4)
PRINCIPAL
PERSON LIABLE ACT COMMITTED

Officers and members of the fraternity, If person subjected to hazing or other
sorority or organization who actually forms of initiation rites suffer any
participated in the infliction of physical physical or dies as a result thereof
harm
CONSEQUENCE OF HAZING PENALTY
Death, rape, sodomy or mutilation Reclusion perpetua
Insane, imbecile, impotent or blind Reclusion temporal maximum period
Lost the use of speech or the power to hear or Reclusion temporal medium period
to smell, or lost an eye, a hand, a foot, an arm
or a leg or lost the use of any such member
become incapacitated for the activity or work in
which he was habitually engaged
Deformed or lost any other part of his body, or Reclusion temporal minimum period
lost use thereof, been ill or incapacitated for
the performance of the activity or work in
which he was habitually engaged for a period of
more than 90 days
CONSEQUENCE OF HAZING PENALTY
Have been ill or incapacitated for the performance Prision mayor maximum period
on the activity or work in which he was habitually
engaged for more than 30 days
Have been ill or incapacitated for the performance Prision mayor medium period
of the activity or work in which he was habitually
engaged for 10 days or more, or that the injury
sustained shall require medical attendance for the
same period
Have been ill or incapacitated for the performance Prision mayor minimum period
of the activity or work in which he was habitually
engaged from 1-9 days, or that the injury sustained
shall require medical attendance for the same
period
Sustained physical injuries which do not prevent him Prision correccional maximum period
from engaging in his habitual activity or work nor
require medical attendance
The maximum of the penalty, in each
case, will be imposed if:
(a) the recruitment is attended by force, intimidation, violence or
deceit;
(b)the person who decides to quit is prevented from doing so;
(c) the person, after being hazed, is prevented from reporting
the incident to parents, police or other authorities;
(d)the hazing is committed outside the school or institution;
(e)the victim is below 12 years old at the time of hazing.
PRINCIPAL
PERSON LIABLE ACT COMMITTED

Parents who have actual knowledge of the hazing Hazing is held in the home of one of the officers or
conducted therein but failed to take any action to members of the fraternity, group, or organization
prevent the same from occurring
Officers, former officers, or alumni of the organization, Actually planned the hazing although not present when
group, fraternity or sorority the acts constituting the hazing were committed
Officers or members of an organization, group, Inducing the victim to be present thereat
fraternity or sorority knowingly cooperated in carrying
out the hazing
Fraternity or sorority’s adviser present when the acts Failed to take any action to prevent the same from
constituting hazing were committed occurring
ACCOMPLICE
ACT COMMITTED PERSON LIABLE
Failed to take any action to prevent the same Owner of the place where hazing is conducted
from occurring when he has actual knowledge of the hazing
conducted therein
Failed to take any action to prevent the same School authorities including faculty members
from occurring who consent to the hazing or who have actual
knowledge for the acts of hazing committed by
the perpetrators
What is the liability of a person who is
merely present? (Sec. 4, par. 20)
 The presence of any person during a hazing

is prima facie evidence of participation as a
principal unless he prevented the hazing.
Can the mitigating circumstance of "no intention to
commit so grave a wrong" be allowed? (Sec. 4, par. 21)
No, under sec. 4, this mitigating

circumstance is expressly disallowed.
“The fraternal contract should not be signed in blood, celebrated with
pain, marred by injuries, and perpetrated through suffering. That is the
essence of Republic Act (R.A.) No. 8049 or the Anti -Hazing Law of
1995.”
- Dungo v. People of the Philippines, G.R. No. 209464 (2015)

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REPUBLIC ACT 8049:

 It will depend on what will happen

PERSON LIABLE ACT COMMITTED

PERSON LIABLE ACT COMMITTED

 The presence of any person during a hazing

No, under sec. 4, this mitigating

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