RA. NO. 8049 The Anti-Hazing Law
Update: RA. No. 8049, The Anti-Hazing Law was amended by RA No. 11053, The Anti-Hazing Act of 2018.
HAZING - 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 other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.
PERSONS LIABLE:
1. The officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals if the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof;
QUALIFYING CIRCUMSTANCES:
a. when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join;
b. when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting;
c. when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation;
d. when the hazing is committed outside of the school or institution; or
e. when the victim is below twelve (12) years of age at the time of the hazing.
b. when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting;
c. when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation;
d. when the hazing is committed outside of the school or institution; or
e. when the victim is below twelve (12) years of age at the time of the hazing.
2. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators;
3. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals.
4. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal.
The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the illegal acts.
Any person charged under this provision shall not be entitled to the circumstance that there was no intention to commit so grave a wrong.
Organizations include any club or AFP, PNP, PMA or officer or cadet corps of the CMT or CAT.
Section 2 requires a written notice to school authorities from the head of the organization seven days prior to the rites and should not exceed three days in duration.
Section 3 requires supervision by head of the school or the organization of the rites.
Section 4 qualifies the crime if rape, sodomy or mutilation results therefrom, if the person becomes insane, an imbecile, or impotent or blind because of such, if the person loses the use of speech or the power to hear or smell or an eye, a foot, an arm or a leg, or the use of any such member or any of the serious physical injuries or the less serious physical injuries. Also if the victim is below 12, or becomes incapacitated for the work he habitually engages in for 30, 10, 1-9 days.
It holds the parents, school authorities who consented or who had actual knowledge if they did nothing to prevent it, officers and members who planned, knowingly cooperated or were present, present alumni of the organization, owner of the place where such occurred liable. This makes presence a prima facie presumption of guilt for such.
The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the illegal acts.
Any person charged under this provision shall not be entitled to the circumstance that there was no intention to commit so grave a wrong.
Organizations include any club or AFP, PNP, PMA or officer or cadet corps of the CMT or CAT.
Section 2 requires a written notice to school authorities from the head of the organization seven days prior to the rites and should not exceed three days in duration.
Section 3 requires supervision by head of the school or the organization of the rites.
Section 4 qualifies the crime if rape, sodomy or mutilation results therefrom, if the person becomes insane, an imbecile, or impotent or blind because of such, if the person loses the use of speech or the power to hear or smell or an eye, a foot, an arm or a leg, or the use of any such member or any of the serious physical injuries or the less serious physical injuries. Also if the victim is below 12, or becomes incapacitated for the work he habitually engages in for 30, 10, 1-9 days.
It holds the parents, school authorities who consented or who had actual knowledge if they did nothing to prevent it, officers and members who planned, knowingly cooperated or were present, present alumni of the organization, owner of the place where such occurred liable. This makes presence a prima facie presumption of guilt for such.
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