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Anti-Hazing Act of 2018

(R.A. 11053)

By:
JOHN MARK N. PARACAD
Legal Officer, DENR Region II
FRATERNITIES AND SORORITIES
RIGHT TO ASSOCIATION AND FREEDOM
OF EXPRESSION
Bill of Rights of the 1987 Philippine
Constitution
• Article III, Section 4
-No law shall be passed abridging the freedom of
speech, of expression, or of the press, or the right of
the people peaceably to assemble and petition the
government for redress of grievances.
• Article III, Section 8
-The right of the people, including those employed in
the public and private sectors to form unions,
associations or societies for purposes not contrary to
law shall not be abridged.
BRIEFER
The case of Leonardo “Lenny” Villa
• In February 1991, seven freshmen law students
of the Ateneo de Manila University School of
Law signified their intention to join the Aquila
Legis Juris Fraternity (Aquila Fraternity).
• On the night of 8 February 1991, the neophytes
were met by some members of the Aquila
Fraternity (Aquilans) at the lobby of the Ateneo
Law School. They all proceeded to Rufo’s
Restaurant to have dinner.
• Afterwards, they went to the house of Michael
Musngi, also an Aquilan, who briefed the neophytes
on what to expect during the initiation rites. The
latter were informed that there would be physical
beatings, and that they could quit at any time.
Their initiation rites were scheduled and will last
for three days.
• After their “briefing”, they were brought to the
Almeda Compound in Caloocan City for the
commencement of their initiation.
• Even before the neophytes got off the van, they
had already received threats and insults from the
Aquilans. As they were walking to the compound,
some of the Aquilans delivered physical blows to
them.
• 1st day of initiation:
a. The “Indian Run,” which required the neophytes to run a
gauntlet of two parallel rows of Aquilans, each row delivering
blows to the neophytes.

b. The “Bicol Express,” which obliged the neophytes to sit on


the floor with their backs against the wall and their legs
outstretched while the Aquilans walked, jumped, or ran over
their legs;

c. The “Rounds,” in which the neophytes were held at the


back of their pants by the “auxiliaries” (the Aquilans charged
with the duty of lending assistance to neophytes during
initiation rites), while the latter were being hit with fist blows
on their arms or with knee blows on their thighs by two
Aquilans;

d. And the “Auxies’ Privilege Round,” in which the auxiliaries


were given the opportunity to inflict physical pain on the
neophytes.
• 2nd day of initiation:

The neophytes were made to present comic plays


and to play rough basketball. They were also
required to memorize and recite the Aquila
Fraternity’s principles. Whenever they would
give a wrong answer, they would be hit on their
arms or legs. The neophytes were subjected to
the same manner of hazing that they endured on
the first day of initiation.
• 3rd day of initiation:
Accused non-resident or alumni fraternity
members Fidelito Dizon (Dizon) and Artemio
Villareal (Villareal) demanded that the rites be
reopened. The head of initiation rites, Nelson
Victorino (Victorino), initially refused. Upon the
insistence of Dizon and Villareal, however, he
reopened the initiation rites. The neophytes
were then subjected to “paddling” and to
additional rounds of physical pain.
• Lenny (victim) received several paddle blows,
one of which was so strong that it sent him
sprawling to the ground. The neophytes heard
him complaining of intense pain and difficulty
in breathing. After their last session of physical
beatings, Lenny could no longer walk. He had
to be carried by the auxiliaries to the carport
where they were to sleep.
• After an hour of sleep, the neophytes were
suddenly roused by Lenny’s shivering and
incoherent mumblings. Initially, Villareal and
Dizon dismissed these rumblings, as they
thought he was just overacting. When they
realized, though, that Lenny was really feeling
cold, some of the Aquilans started helping him.
They removed his clothes and helped him
through a sleeping bag to keep him warm.
• When his condition worsened, the Aquilans rushed
him to the hospital. Lenny was pronounced DEAD
ON ARRIVAL.

• There were 26 accused Aquilans that were charged


in court.

• Consequently, in 1995, Anti-Hazing Act of 1995,


also known as Republic Act No. 8049

-it is a legislation REGULATING the act of HAZING


and other INITIATION RITES in fraternities and
sororities in the country. It prohibits and penalizes
physical harm and violence in such practices.
HAZING
• The “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 other similar tasks or
activities or otherwise subjecting him to physical
or psychological suffering or injury.” (Section 1,
a)
• The term "organization" shall include any club
or the Armed Forces of the Philippines,
Philippine National Police, Philippine Military
Academy, or officer and cadet corps of the
Citizen's Military Training and Citizen's Army
Training. (Section 1, b)
• If a neophyte dies, has been raped, sodomized,
or mutilated, those responsible can face
Reclusion Perpetua (life imprisonment).
(Section 4, 2)
MEANWHILE in year 2012-
Court’s Ruling:
• 19 of the accused were acquitted, 4 were found
guilty of slight physical injuries, and finally, two
of the accused-appellants – Fidelito
Dizon and Artemio Villareal – were found guilty
beyond reasonable doubt of the crime of
reckless imprudence resulting in
homicide. (VILLAREAL VS. PEOPLE. G.R. No.
151258. February 1, 2012.)
RA 8049 criminalized HAZING BUT-
• It does not really prevent hazing from taking
place as it STILL ALLOWS initiation rites.
According to the law, these initiation rites can still
push through if:
• There is written notice addressed to the school
authorities or head of organization 7 days prior and -
• There are at least two representatives from the school
present during the rites.
• HOWEVER, the rules set forth by the law are not always
followed. Various organizations across the Philippines
still employ the “age-old tradition” of using violence to
“test” applicants and has become an open secret among
students.
RA 8049 has NO TEETH
• Since the law was passed in 1995, the deaths due
to hazing did not really stop as there are at least
15 people who have died, while many have
reported sustaining injuries from the rites.

• The numbers do not reflect those who may have


suffered injuries but chose not to report to
authorities.
HAZING CASES
• 1995
-Mark Roland Martin of Epsilon Chi
• 1998
-Alexander Miguel Icasiano of UP Alpha Phi Beta
• 2000
-Ace Bernabe Ekid, 21, was said to have died from stroke due to rigorous training exercises at
the PMA. His family and friends, however, insisted Ace was a victim of hazing and foul play.
• 2001
-Rafael Root Albano III, an aspiring doctor, was believed to be killed by members of the Sigma
Mu, a fraternity of medical doctors in FEU, Laguna.
-Fernando Balidoy, 18, probationary midshipman, died as he was undergoing initiation
conducted by upperclassmen of the Philippine Merchant Marine Academy.
-Monico de Guzman, a Philippine Military Academy (PMA) plebe whose death was attributed
to illness by officials. His father, however, believes his son died from the notorious "beat
attack" on entrants in boot camp.
-Edward Domingo, 23. The Camiling, Tarlac native and PMA cadet reportedly died of cardio-
respiratory attack due to injuries he suffered from hard blows to the lower part of the rib cage.
Two cadets were convicted for homicide.
• 2003
-Emerson Berry Jr., 16, fourth year student from the Casanayan
National High School, was beaten to death in initiation rites of the
Beta Sigma Rho brotherhood in Pilar, Capiz.
• 2004
-Mark Welson Chua, a UST student who exposed corruption among
Reserve Officers' Training Corps officials, was killed by a fellow
student. Defendants during the trial claimed that Chua died in
fraternity hazing rites.
• 2006
-Clark Anson Silverio, a UP mechanical engineering student, was
declared dead on arrival at the Manila Sanitarium Hospital after
reported initiations by Tau Gamma Phi .
-Marlon Villanueva, 21, an agriculture economics student from UP Los
Baños, succumbed to injuries sustained at a suspected APO initiation
in Pansol, Laguna. Charged were Jericho Paril, 25, and Brandon
Gonzales, 22, both APO members.
-Dan Robert Talibutab, a criminology student from St. Therese
College, Iloilo, was believed to be a hazing victim of the non-accredited
school organization Kapatiran ng Kabataan sa Kriminolohiya.
• 2007
-Cris Anthony Mendez, 21, from the UP National College of Public
Administration and Governance, was declared dead on arrival at the
Veterans Memorial Medical Center.
• 2008
-Chester Paulo Abracias, a Marine Technology sophomore at the
Enverga University, Lucena City, was paddled to death during a Tau
Gamma Phi initiation
• 2009
-Glacy Monique Dimaranan, a 15-year-old girl who died of a single
gunshot wound in the head during initiation rites. A member of the
Scout Royal Brotherhood (highschool version of the APO) in Laguna
accidentally pulled the trigger of the gun he was pointing at the victim.
• 2010
-Daniel Lorenz Jacinto, 19, from the Mapua Institute of Technology,
Trece Martires, Cavite, died from severe bruises on his thighs and
body allegedly from the Cavite Cardinals initiatio
• 2011
-E.J. Karl Intia, 19, from the University of Makati who supposedly
aspired to join the Alpha Phi Omega (APO). He suffered 4 hours of
hazing in the house of Rico Mansalapus. Intia’s body was later found
in a 30-meter deep ravine in Laguna.
• 2012
-Marc Andre Marcos, 20. A San Beda University
law student, he was allegedly beaten to death by
members of the Lex Leonum fraternity. The
accused were cleared from charges in 2013.
-Marvin Reglos, 25. He was a San Beda law
student who was reportedly killed during hazing
rites held by the Lambda Rho Beta in Antipolo
City. San Sebastian senior law students Erick
Castillo and Bodjie Yap faced murder charges,
along with Arjay Gregana, Jufali Abdula and 11
others.
• 2013
-John Mark Dugan, 19. A sophomore marine cadet
in the Maritime Academy of Asia and the Pacific
whose death was linked to hazing.
• 2014
-Guillo Servando, 18, Benilde sophomore.
He is believed to have died from severe
beating in initiation rites of Tau Gamma
fraternity.
Conviction
• In the 22 years of the law’s existence, there has
been only one conviction.
• In 2015, two Alpha Phi Omega members were
found guilty for the death of Marlon Villanueva,
a UPLB student, in 2006.
• 2017
-The death of University of Santo Tomas
freshman Horacio “Atio” Tomas Castillo III
during an initiation rite of Aegis Juris
fraternity
-Castillo’s case sparked moves to amend the anti-
hazing policy.
RA 11053 or The Anti-
Hazing Act of 2018
• Last June 2019, President Rodrigo Duterte signed RA
11053 or The Anti-Hazing Act of 2018

-This new law amends RA 8049 (Anti-Hazing Act of 1995)

-RA 11053 is an act prohibiting hazing and regulating


other forms of initiation rites of fraternities, sororities, and
other organizations.
-It gives teeth to the previous 1995 version of the law as it
now outrightly prohibits and makes hazing a criminal act
while providing more substantial penalties for those who
will be proven guilty.
Salient Features of RA11053
• The definition of hazing has been expanded to include
“any act that results in physical or psychological
suffering, harm or injury inflicted on a recruit, member,
neophyte, or applicant" as a prerequisite for admission
or for continued membership in an organization.

• It covers acts ranging from paddling to whipping,


beating, branding, forced calisthenics, exposure to the
weather, forced consumption of any food, liquor,
beverage, drug or other substance or any brutal
treatment or forced physical activity likely to adversely
affect the physical and psychological health of such
recruit.
• Banned under the law are "all forms of hazing" not
only in fraternities, sororities or organizations in
schools, but also those in communities and even
businesses/corporation (as requirement for
employment) and uniformed service learning
institutions.
• It includes but not limited to any club, association,
group, fraternity, or sorority (Sec. 2c)

• HOWEVER, 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.
Did RA 11053 actually stop HAZING?
2019
-4CL Cadet Darwin Dormitorio died due to alleged
maltreatment and torture committed by his
upperclassmen in the PMA.
Is Praeter intentionem applicable?

• Praeter intentionem
-is where the consequence went beyond that is
ended or expected. This is a mitigating
circumstance (Art. 13, par. 3, RPC) when there
is a notorious disparity between the act or means
employed by the offender and the resulting
felony.
NO.
• Section 14 of RA 11053 expressly states that
“Any person charged under this provision shall
not be entitled to the mitigating circumstance
that there was no intention to commit so grave
a wrong.”
Liabilities include:
• Those who planned or participated in the hazing which
results in death, rape, sodomy or mutilation will be
slapped with a penalty of reclusion perpetua and
a fine of P3 million.

• Reclusion perpetua and P2 million on members who


actually participated in hazing when under the influence
of alcohol or drugs; and on non-resident or alumni who
participate in hazing.

• Reclusion perpetua and P1 million on the


participating officer and members of the fraternity who
were involved in the hazing.
• Prision correccional (six months & 1 day to six
years) on anyone who intimidates or threatens
another for recruitment. This includes "persistent
and repeated" proposals or invitations to those who
refused to join at least twice.

• P1 million on the school if it approved an initiation


of a fraternity, sorority or organization where hazing
occurred.

* P1 million for former officers or alumni who try to


hide or obstruct an investigation.
• If the offender is a member of the Bar, he or she
shall be subject to disciplinary proceedings by
the Supreme Court. If the offender is in another
profession, he or she will be subject to regulation
by the Professional Regulation Commission.

• School authorities/local officials/Parents/Owner


or lessee of the house where the initiation took
place may be held liable as principal if he has
actual knowledge of hazing and did not take
action to prevent it.
Other features:
• The law also requires schools to be "more active and
proactive" in regulating school-based initiation rites,
with schools required to exercise reasonable
supervision and take proactive steps to protect
students from the danger of participating in
activities that will involve hazing.

• Promulgation of procedures to regulate school-


based initiation, which requires a written
application (must be submitted seven (7) days
before initiation), information on participants and
the event, an undertaking that no harm will be done,
guarantee that initiation shall not to last more than
three (3) days, and posting (i.e. in bulletin boards,
offices) of the said application (Sec. 4).
• University Representation (at least 2) during approved
initiation rites (Sec. 5).

• Mandatory registration for fraternities, sororities, and


organizations, with University students as members,
before they conduct activities in the school (Sec. 6).

• Qualification of the Fraternity, Sorority, and


Organization Adviser [must be a faculty member not
belonging to the org/frat] and his/her responsibilities
during initiation [i.e. monitor activities, presumed
consent when unlawful act is committed] (Sec. 7).

• Responsibilities of the University, to include (a)


information dissemination to students and parents about
hazing, and (b) orientation to fraternities, sororities, and
organizations at the start of the semester (Sec. 8).
• Reflection of conviction by final judgment in
the scholastic record of the person convicted,
regardless when the judgment of conviction has
become final (Sec. 14).
END
Thank you for listening!

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