Chapter 1

THE PROBLEM AND ITS BACKGROUND

Introduction

The first Greek organization was founded in 1776, when students realized the necessity

of debating about current events outside the classroom. Greek societies have since taken on a

broader part to develop the moral, leadership and social skills of their members. Each individual

fraternity and sorority possesses a set of principles that guide the actions of its members. These

organizations are referred to as "Greek" because their names consist of Greek letters that serve as

a reminder of the group’s values. 1

Fraternities and sororities are social organizations at colleges and universities. A form of

the social fraternity, they are prominent in the United States and the Philippines, with much smaller

numbers existing in France, Canada, and elsewhere (Sullivan,1998). A fraternity or sorority is a

brotherhood or sisterhood formed around mutual goals and aspirations. Initiation ceremonies are

1“What is a Fraternity or Sorority?”, Ball State University

https://www.bsu.edu/campuslife/greek-life/what-is-a-fraternity-or-sorority (Accessed in November, 2019)

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the practices of rituals, formalities, customs, tasks, challenges, and other activities

involving harassment, abuse or humiliation used as a way of initiating a person into

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a group including a new fraternity, sorority, team, or club. Binge drinking, deviant sexual

behavior, and violence are often associated with hazing processes and draws negative media

attention to the respective organizations and campuses (Foster, 2008; Gumprecht, 2006). 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 silly, foolish and other similar tasks or activities
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or otherwise subjecting him to physical or psychological suffering or injury. Following this

further, compelled destruction of personal property, tattooing, sleep deprivation, and performing

acts of servitude are also forms of hazing which could cause physical or psychological harm to

those involved (Foster, 2008; Hansen, 2004). Initiation rituals should not be confused with hazing

activities. Initiation rituals are the agreed upon ceremonies as stated by the national fraternal

organizations, typically kept secret from non-members, and confer membership upon their

completion. Hazing behaviors are the activities that are unofficially practiced by members of the

organization, though they are officially banned by the national fraternal organizations (Drout &

Corsoro, 2003; Rogers, Rogers & Anderson, 2012; Sutton, Letzring, Terrell & Poats, 2000). This

misperception can impact the work of fraternity advisors, who are not privy to the secret fraternity

rites but who must help fraternity members develop positive group member trainings prior to the

initiation ceremony (Parks & Spencer, 2012; Scharber, 1997). 3 Hazing deaths have also occurred

2Whipple, Edward G.; Sullivan, Eileen G. (1998-03-01). "Greek Letter Organizations: Communities of Learners?"
3REPUBLIC ACT NO. 8049 AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES,
SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR

2
in American college campuses as well as in the branches of the United States armed services. The

practice was arguably introduced into the Philippines when the country was a US colony from

1900 to 1946.

Regardless of consent, the rituals require individuals to engage in actions that are

physically and psychologically stressful. 3 The initiation rites can range from relatively benign

pranks to prolonged patterns of behavior that rise to the level of abuse or criminal misconduct

(Murphy, 2015). These men and women make a commitment to each other for life. The members

that form a fraternity or sorority share their friendship, efforts and knowledge. Together they learn,

grow, and make the fraternity or sorority stronger. Their collective experience builds ties that last

a lifetime. In all times and among all nations which have reached a sufficient level of cultural

development, there have always been fraternal associations formed for higher purposes. The origin

of fraternity is as old as humankind (Melling, 2003). People always have that natural desire to

associate with each other for a common purpose – either for social, political, philosophical,

charitable, religious, business purposes or mutual-benefit. 4 They are often erroneously associated

with troubles because of their unpleasant activities – one of them is hazing. Fraternities, sororities,

military organizations, athletic groups and marching bands commonly are associated with hazing

activities. 5

Throughout the years, reports of hazing have been recorded. “Several deaths by hazing

have occurred over a long period of time and the practice remains prevalent despite the passage of

Anti-Hazing Law more than a decade ago. Indeed hazing has developed into a culture of violence.”

(David, 2012) “Colleges and Universities sometimes avoid publicizing hazing incidents for fear

4 Jossey-Bass.Binder, R. (2003). Historically White Men’s Fraternal Organizations.

5 Marlowe, A. F., & Auvenshine, C. D. (1982). Greek Membership: Its impact on the Moral Development of College Freshmen

3
of damaging institutional reputations or incurring financial liability by the victims.” (Sweet, 2001)

In a survey conducted in US involving over 60,000 student athletes from 2,400 colleges and

universities, it was found out that seventy – nine percent (79%) of college athletes experienced

some form of hazing to join their team, yet sixty percent (60%) of the student-athlete respondents

indicated that they would not report incident of hazing.” (Hoover, 2012) Membership in the

fraternity or sorority appears to be beneficial and disadvantageous to the others. 6 Although hazing

has been a party of the culture of higher education, especially in some student organizations, for

hundreds of years, it has become increasingly dangerous and deadly, and has become serious

concern for administrators and authorities (Nuwer, 1999). Fraternities are the entities most

frequently identified with the deadly outcomes of reckless hazing activities. Courts have ruled that

administrators of colleges and universities have a “duty of care” to defend and promote the safety

of their students. As the number of deaths and physical or psychological injuries from such

activities continues to grow, institutions of higher education are becoming more and more likely

to be held responsible, in part, or sued because they failed to take appropriate and necessary action

to combat hazing (Crow & Rosner, 2002; Hollman, 2002; MacLachlan, 2000). The fact that the

university administrators discerned hazing was involved was enough for the courts to rule that they

should have acted to combat hazing (Hollman,2002; Reisberg, 1999).

In the Philippines, Ferdinand Tabtab’s case was the first recorded hazing death in the

history of the fraternity in the year 1967. 7 The act of hazing, which is penalized under a special

law, involves acts which are likewise penalized under the Revised Penal Code such as slight, less

serious and serious physical injuries. In extreme cases where there is death of the victim, homicide.

6 Molasso, W. R. (2005). A content analysis of a decade offraternity/sorority scholarship in student affairs research journals.
7 Godofredo U. Stuart, Jr., M.D. “Hazing: When death occurs, at the very least, it is manslaughter.

4
Philippine President Ramon Magsaysay created the Castro Committee on October 1954 to

investigate Tabtab’ death. The committee was headed by Executive Secretary Fred Ruiz Castro

and he was joined by UP faculty members Arturo Garcia and V. Lontok. It submitted a 116-page

report to Magsaysay find hazing to be the cause of Albert's death and also recommended the

expulsion of 4 officers of Upsilon, suspension of 25 members for one year, suspension of 19

neophytes for a semester, and a reprimand of other 3 other members. It also called for reforms on

university regulation on fraternities and sororities and the prohibition of all forms of physical

initiation. The report was not acted upon. On February 10, 1991, Leonardo Villa, a student from

Ateneo De Manila University also died from hazing under the hands of the Fraternity named

Aquila Legis, Villa’s death led to the passage of the Anti-Hazing Act of 1995 or RA 8049. Despite

a hazing death in the University of the Philippines (UP) in the 1950s, the practice has continued in

some student organizations in that institution, among them sororities and fraternities. It has even

spread to other schools. Neither the 1995 Anti-Hazing Law (RA 8049) nor last year’s expanded

version of it has prevented its use in various forms, the most common being the infliction of pain

through paddles, clubs, fists, kicks, and other means. Baseball bats, even shovels have also been

used in hazing, the only limit to the kind of implements used being the imagination of those doing

it. There were weaknesses in RA 8049 which merely regulated hazing or initiation rites. So weak

was the law that only one conviction was made in the 23 years since it was passed. Another case

is the death of Horatio Castillo III. The freshman law student at the University of Santo Tomas is

believed to have died from hazing injuries inflicted by members of the Aegis Juris Fraternity.

Initiation customs have long been part of the culture in the Philippines most especially when

entering into military organizations as a method to welcome new members and mark rites of

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passage. 8 In fact, on March 2001, Edward Domingo underwent a fatal hazing for his entry to the

level PMA upperclassman. Two cadets were given the sentence homicide by the Baguio City

Regional Trial Court for killing Domingo. The decision is also the first time that a civilian court

convicted cadets of the Philippine Military Academy. The very latest incident of hazing in the

Philippines was the case of Darwin Dormitorio. A 20-year-old cadet Darwin Dormitorio was

brought to the hospital after complaining of stomach pain. He succumbed from the internal

bleeding in the stomach cause by blunt force trauma. Few days later, it was confirmed by the police

that Dormitorio was a victim of hazing inside the Philippine Military Academy. Many scandals

have exploded over hazing deaths. Two laws have been passed to stop the dreadful initiation rites

– one after the death of Ateneo Law School student Lenny Villa at the hands of Aquila Legis

fraternity members, and the second after it became clear that the first law effectively allowed

hazing under a supervised environment. Offenders want to leave their mark on the tradition,

and therefore they may add or change the tradition, slightly, often increasing the severity of

the ritual. For example, more alcohol is required to be ingested; paddling may become more

intense, or sexual acts may be more violent. Until the existing Anti-Hazing Law remains in

effect, the practice of inflicting physical and mental harm during initiation rites is likely to

continue. 9 The Anti-Hazing Law has not been effective in preventing hazing. As a matter of fact,

said law instead of discouraging hazing, actually encourages the same. Section 2 of the above-

mentioned law provides that “No hazing or initiation rites in any form or manner by a fraternity,

sorority or organization shall be allowed without prior written notice to the school authorities or

8Allan, E. & Madden, M. (2005). Examining and transforming campus hazing cultures: Pilot study report.
www.hazingstudy.org.
9Republic Act No. 8049 AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES,
AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR
10
RA 8049, Section 2

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head of organization seven (7) days before the conduct of such initiation. The written notice shall

not exceed three (3) days, shall include the names of those to be subjected to such activities, and

shall further contain an undertaking that no physical violence be employed by anybody during

such initiation rites. 10

Across societies and time, people have launched new members into groups, through

ceremonies and rituals designed to foster a feeling of belonging. Yet sometimes those initiation

rites or activities cross the line into hazing - behavior that is humiliating, dangerous or even illegal.

Because people's perceptions of hazing vary, it is difficult to delimit positive or acceptable

initiation rites from problematic or unacceptable ones. Initiation rites are rituals that mark and

facilitate the entry of a person into a group, that is, the person's transition from the status of outsider

to insider. Such rites are often referred to as hazing, rites of passage, induction, and trial by

fire. Although initiations may have elements of fun, play, and silliness, they are often physically

and emotionally demanding, embarrassing, strange, painful and sometimes it even results to death.

Supervision during initiations is of course intolerable; the nature of hazing makes its

murderous offenders evade monitoring by any person in authority who might prohibit the violent
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initiation. This reality is once again evident in the death of a student in an institution long

associated with deadly initiation rites: The Philippine Military Academy. Beating someone to

death for the sake of a twisted brotherhood is the worst start for a career in national defense. There

are many cases that those who are studying to uphold the law are the ones abusing and violating

10 RA 8049, Section 2
11 Philippine Star, “A test for the Anti-Hazing Act”
https://www.pressreader.com/philippines/the-philippine-star (accessed November, 2019)

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it. Brotherhood should not get in the way of justice. Since actual initiation ceremonies in different

fraternities are shrouded in mystery, the question is how much are they willing to risk to recruit a

new fellow in their organization.

Statement of the Problem

In most injury cases that involve hazing, liability is placed on the fraternity and/or

its individual members that participated in the hazing practice, rather than the college or

university where the injury occurred. Over the last decade, rising injuries caused by college

binge drinking and fraternity hazing practices have lead to an increasing number of lawsuits.

College fraternities have paid significant civil damages for hazing injuries and deaths. It is well

known that the student organizations such as fraternities, sororities, and military organizations are

most commonly associated with hazing activities. These student organizations participate in and

circulate treacherous initiation conditions.

The purpose of this study is to acknowledge the roles of the administrators and

authorities for condemning and paving the way of the prohibition of hazing as initiation rites in

fraternities, sororities and military organizations, wherein hazing practices are prevalent. It is time

for both national and local fraternity chapters, as well as the colleges, to take a role in preventing

these injuries. When these measures fail, all three of these institutions should bear the

responsibility. The courts should recognize the current relationship between universities and

students. Until now, universities have successfully avoided liability for fraternity-related injuries

based on the "no duty" rule, following the demise of in loco parentis doctrine for universities. The

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"no duty" rule states that the relationship between the college and the student is simply one that

provides education only. The university is under no obligation or duty to control or govern the

students' behavior.

It aimed to specifically answer the following questions:

1. The hazing has become more physically violent in the Philippines, there are measures that

the Government could apply to address the problem on increasing hazing cases in different

organizations as initiation rites.

1.1 Common hazing practices

1.2 Implications of hazing in the society

1.3 The positive and negative sides of joining fraternities in universities in the Philippines

2. How does the Philippine Government solve the issues they encounter during the

implementation of RA 8049?

3. How are the administrators and officials liable for the University Fraternity-involved

injuries and other hazing incidents must be punished?

Significance of the Study

The study is significant in understanding fraternity advisor training on changing and

managing a cultural shift related to anti-hazing efforts. Fraternity advisors need to identify and

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understand their own professional development in order to create an anti-hazing culture. The study

improves the understanding of what advisors should know in order to address the impending

hazing culture that exists within a diverse fraternity and on their campuses. Parks and Spencer

(2012) suggest that advisors need to improve their understanding of how different types of

fraternities operate in order to provide support for the co-curricular out-of-class learning

environment. Since fraternity advisors often lack insider information about chapter operations to

effectively impact member actions (Parks & Spencer, 2012), advisors should increase their

knowledge and information of how to create an environment that does not tolerate hazing and

provide external support to address internal issues within the chapters.

For different Educational Institutions, the academe should be encouraged to undertake

studies and other actions with regard to hazing incidents in their premises and share their findings

as basis for policy improvement. They must also know their responsibilities as authorities since

this kind of incident is inevitable.

For the victims of the hazing, this study would help them to gain knowledge about

their rights such as speaking up and their right to live in peaceful environment and to gain

knowledge about the freedoms and human rights that they have or may acquire in the latter years.

For the Government Officials who are in charge of the stability of our country and

policy development, this study would be of great use for them to be able to know how to improve

and change the traditional ways of dealing with hazing incidents during the earlier years and to use

this study as an instrument to come up with additional penalties and sanctions to those who are

involved in hazing as initiation rites in order to be qualified in a certain group or right to passage.

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 For the citizens of this country, this study would help them identify the freedoms and

rights as well as the sanctions and punishments for those who will violate the law and to give

insight to other people about the negative effects of the practice of hazing.

Scope, Delimitation and Limitation

This study is to highlight and give emphasis to condemning hazing as initiation rites for

admission into membership in a fraternity, sorority or military organizations in the Philippines and

making the colleges and universities involved liable. It also recognizes the accountability and

responsibility of the government and educational institutions to toughen their competency aimed

towards the prohibition of hazing and all forms of initiation rites as same as hazing for admission

in different organizations in the Philippines.

It determines the awareness of the people involved in this kind of practice and it

emphasizes the role of the government in nation building, and to raise and address issues

concerning the negative effects of hazing in people, organizations, government and our country as

a whole in terms of right of the victims to seek grievances and designate penalty towards those

who committed hazing even the institutions, universities and military organizations involved. The

state is also intended to exert efforts to address the problems encountered by the different

fraternities, sororities and military organizations in our country especially hazing incidents inside

the campuses. It also lays down that all members of the fraternity, sorority or organization who

participated in unauthorized initiation rites, even if no hazing was conducted, shall be punished

accordingly.

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 The study was delimited to imputing liability to Institutions, Universities or other

organizations when hazing-related injuries or hazing incidents occur outside their premises as it

will drive issues and negative implications for the research paper.

The study was limited only up to the extent of the researcher’s knowledge and idea

about the topic and the data received from the primary data gathered from comprehensive research.

Conceptual Framework

The study focuses on condemning hazing, not just mere regulating all forms of initiation

rites for admission into membership in a fraternity, sorority or military organizations in the

Philippines. It also recognizes the responsibility of the institutions, colleges or universities and

government to toughen their capability aimed towards the prohibition of hazing AS admission in

different organizations.

But not only college fraternities and sororities use it as part of their initiation rites. Other

student organizations, even honor societies, criminal gangs, the military — and, as the entire

country learned, or was reminded years ago, institutions such as the PMA, where the future

members of the officer corps are trained, practice it as well. The police also haze new members of

the force. So does the Philippine National Police Academy (PNPA) haze those who are in training

to be policemen.

Hazing should be discouraged not just because it has cost the lives of a number of young

men (including Dormitorio, at least 44 since the 1950s) and Horatio Castillo (a freshman law

student) who could have contributed something of value to the making of a better country had they

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lived. Banned under the RA 11053 are "all forms of hazing" not only in fraternities, sororities or

organizations in schools, but also those in communities and even businesses and uniformed service

learning institutions. But it was stated in the law that some initiation rites in fraternities should be

regulated and not prohibited. If it is regulated, why are there still death incidents?

Regulation of initiation rites is not the answer but the solution is the prohibition of all

forms of initiation rites most especially hazing as it is intolerable. Several individuals want hazing

to stop. Some are friends or relatives of people being hazed, some are students who are being hazed

themselves, and others are members of organizations that haze. They may even be hazers

themselves, although reluctant ones. We don’t need new laws. Republic Act 8049 has already

criminalized hazing, with penalties replete in Latin. But it is toothless and defective. A law

rendered ineffectual by a system that bends to quid pro quos, utang na loob, areglo, whom you

know and arm twisting by prominent persons. Justice Secretary de Lima expressed puzzlement

when Judge Perla Cabrera-Faller dismissed the charge for violation of the Anti-Hazing Law in the

hazing death of San Beda law student Marc Andrei Marcos for "lack of probable cause and ample

evidence." Of course, nothing followed her puzzlement. Skeptically, the judge exculpated: "No

one is to be blamed for the death of Andrei Marcos. The court feels that it could suffer the flak of

society, but it cannot in conscience consign all of the accused to the dust bin of history simply on

the basis of the uncorroborated and incredible lone statement of Marcelo." The history of hazing

is haunted with deaths. Despite the deaths and known risks, fraternities continue with their

conspiratorial routines of torture. Despite having been criminalized by Republic Act 8049 more

than a decade ago, the deaths continue.

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 Conceptual Framework

INPUT PROCESS OUTPUT

Execution of Official -Operative Policy

Policy: Implementation of
1. Monitor RA 8049, RA
- Data and 11053, as
conferences and
organizational amended
Information
meetings. - Continuous
Collected
building of
2. Implement awareness and
requirement for development of
acknowledge- effective
- Legal Basis, ment of student intervention and
- Provisions organization. prevention
strategies to
And Doctrines 3. Solicit parents’ prohibit harmful
participation in hazing
student
development - Safe and secure
program and learning
projects. environment

FEEDBACK

Figure 1. Research Paradigm

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Definition of terms

The following are defined for better understanding of the study.

Brotherhood. A relationship between brothers or close friends, or is a feeling of kinship with other

people.

Cadet. Frequently used to refer to those training to become an officer in the military, often a person

who is a junior trainee.

Charitable. Relating to a person or organization that gives money, food, or other help to those who

need it.

College/University. The terms are used interchangeably to describe four-year higher

education institutions, though each institution may use a specific term to self-identify

with the education field.

Discerned. This is a word for recognizing and perceiving things. Discerning has to do with being

able to see or hear something.

Dreadful. Dread means fear or anxiety. The adjective dreadful can describe something truly

devastating.

Fraternal. Relating to brothers, or friendly like brothers

Fraternity. An organization, society, club or fraternal order traditionally of men associated

together for various religious or secular aims.

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Fraternity Advisor. A professional staff working for the college or university that is responsible

for providing training about campus policies and supporting student development outcomes, as

well as ensuring compliance with local and national laws, as well as institutional and national

policies as applicable.

Hazing. Hazing, as used in this Act, 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.

Haze. Too indulged in the act of doing hazing that they're not attentive to possible harm to the

other person.

Hazer. A senior who participates in hazing at the expense of a pledge, as in a fraternity. Who or

which hazes (an old word for scaring, confusing, harassing).

Human rights. Rights inherent to all human beings, regardless of race, sex, nationality, ethnicity,

language, religion, or any other status.

Initiation Rites. Initiation is a rite of passage marking entrance or acceptance into a group or

society. It could also be a formal admission to adulthood in a community or one of its formal

components. In an extended sense it can also signify a transformation in which the initiate is

'reborn' into a new role.

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Organization. The term "organization" shall include any club or the Armed Forces of the

Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of

the Citizen's Military Training and Citizen's Army Training.

Recruit. To find new people to work in a company, join an organization or do a job.

Sisterhood. An association, society, or community of women linked by a common interest,

religion, or trade.

Sorority. A society for female students in a university or college, typically for social purposes.

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