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(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.
• 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.