Amending the Anti-Hazing Law (RA 8049) Thesis proposal

Introduction
What is hazing in the first place? Hazing is a form of initiation in which a person be it a boy or a
girl is subjected to humiliating or painful way of joining a gang or fraternity.
The Anti-Hazing Law or RA 8049 is a law established to prevent such acts to protect the welfare
of a person and prevent injustices upon them.

In July, 2012, Marc Andre Marcos, 21, a San Beda College (SBC)-Alabang Law freshman, was
reported dead in Cavite after allegedly going through hazing conducted by the Lex Leonum
Fraternity. In February of the same year, Marvin Reglos, 25, also a law freshman at San Beda
College, died after allegedly suffering injuries during hazing rites of Lambda Rho Beta in
Antipolo City.
The penalties under RA 8049 section 4 shows that If the person subjected to hazing or other
forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and
members of the fraternity, sorority or organization who actually participated in the infliction of
physical harm shall be liable as principals.
Life of imprisonment is only applicable to those whose case resulted from death, rape, sodomy
or mutilation. It should be also applicable to those who embarked on the cases of which the
victim had become blind, insane or impotent. At the Senate, Majority Floor Leader Vicente Tito
Sotto III called for the automatic imposition of life imprisonment on all hazing participants.
AKO Bicol party-list Rodel Batocabe, one of the authors of a measure seeking to amend RA
8049, said the violators of the law should be prosecuted and put behind bars.
The old law implicated that a crime is committed when someone dies. The action or act itself
must be considered crime.

Reference:
Postrado, L.(2014) Quit and be killed, hazing victims told. NATIONAL. Retrieved from
http://www.mb.com.ph/quit-and-be-killed-hazing-victims-told/
Robles, C.(1996) REPUBLIC ACT NO. 8049. PHILIPPINE LAWS, STATUTES AND CODES.
Retrieved from http://www.chanrobles.com/antihazinglaw.htm#.VZt74flViko

Bills that supports the amendment

MANILA, Philippines - Three party-list congressmen have filed a bill that would amend the antihazing law to curb the recent surge in fraternity-related violence.

Reps. Christopher Co, Rodel Batocabe, and Alfredo Garbin Jr., all of party-list group Ako Bicol,
filed Bill 5912, which would amend Republic Act 8049, the anti-hazing law, which was enacted
on June 7, 1995.The recent case of Marvin Reglos, a freshman law student from San Beda
Law School, has produced yet again another victim of fraternity-related violence, Co said.
He cited the recent Supreme Court decision written by Justice Maria Lourdes Sereno, which
found five members of the Aquila Legis fraternity guilty of reckless imprudence resulting in the
death of Leonardo Lenny Villa during their organizations initiation rites.
Co said the high tribunal recommended that Congress amend the anti-hazing law to include the
fact of intoxication and the presence of non-resident or alumni fraternity members during hazing
as aggravating circumstances that would increase the applicable penalties. He said the bill is
our answer to that call.

Under the bill, Section 4 of RA 8049 would be amended to read: If the person subjected to
hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the
officers and members of the fraternity, sorority or organization who actually participated in the
infliction of physical harm shall be liable as principals.
Those involved in hazing would suffer the penalty of life imprisonment if death, rape, sodomy or
mutilation results therefrom and the penalty of reclusion temporal in its maximum (17 years, four
months and one day to 20 years) if as a consequence of hazing, the victim becomes insane,
imbecile, impotent or blind.
The guilty parties would suffer the penalty of reclusion temporal in its medium period (14 years,
four months and one day to 17 years and four months) if the victim loses his speech or the
power to hear or smell, or loses an eye, a hand, a foot, an arm or a leg, or otherwise becomes
incapacitated.
The responsible officials of the school or of the police, military or citizens army training
organization may impose appropriate administrative sanctions on students, faculty members or
personnel involved in hazing even before their conviction.
The owner of the place where hazing is conducted would be liable as an accomplice, when he
has 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 of such officer or member would be liable as principals if they have
actual knowledge of the hazing conducted in their place but failed to take any action to prevent
it, he said. School authorities, including faculty members, who consent to the hazing or who
know about it but do not prevent it would be liable as accomplices.

Reference

Jess, D(2012) Bill filed to amend anti-hazing law, PHILSTAR.

Retrieved from http://www.philstar.com/metro/785527/bill-filed-amend-anti-hazing-law