Anti-Hazing Act of 2018

(RA 8049, as amended by RA 11053)

Charles Kevin C. Absalon

Juris Doctor 4A
Bulacan State University – College of Law
 Deaths and Hazing
In the Philippines, the first recorded death of a pledge or
neophyte in a fraternity was in 1954. Members of Upsilon
Sigma Phi allegedly mauled Gonzalo Mariano Albert whose
appendix burst, leaving him to die in the emergency room.
This prompted then President Ramon Magsaysay to form an
executive committee to investigate Albert’s death.
 Deaths and Hazing

The committee, composed of University of the

Philippines officials, submitted a 116-page report to
Magsaysay on October 29, 1954. It stated that, according to
the medico-legal findings, the hazing did not contribute to
Albert’s death. The beating he received, however, weakened
his physical condition.
 Deaths and Hazing
The report did recommend that certain members of the
fraternity be made responsible for what happened, including
the expulsion of four officers of Upsilon and a one-year
suspension for 25 members. The report also recommended
the elimination of physical initiation for fraternities and
sororities in UP.
However, this report was forgotten and was never acted
upon.
 Deaths and Hazing

At least nine other hazing victims were reported after

Gonzalo’s death up until 1995 when Republic Act 8049 or
the “Anti-Hazing Law" was passed.
Deaths and Hazing
 VILLAREAL VS PEOPLE G.R. NO.
151258
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.
On the night of 8 February 1991, the neophytes
were met by some members of the Aquila Legis
(Aquilans) at the lobby of the Ateneo Law School.
They all proceeded to Rufo’s Restaurant to have
dinner.
 VILLAREAL VS PEOPLE G.R. NO.
151258
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 to 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.
 VILLAREAL VS PEOPLE G.R. NO.
151258
The neophytes were subjected to traditional forms of
Aquilan "initiation rites." These rites included:
1. Indian Run – which required the neophytes to run a
gauntlet of two parallel rows of Aquilans, each row
delivering blows to the neophytes;
2. 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;
 VILLAREAL VS PEOPLE G.R. NO.
151258
3. 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; and
4. Auxies’ Privilege Round – in which the
auxiliaries were given the opportunity to inflict
physical pain on the neophytes.
 VILLAREAL VS PEOPLE G.R. NO.
151258
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.
 VILLAREAL VS PEOPLE G.R. NO.
151258
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.
 VILLAREAL VS PEOPLE G.R. NO.
151258
Lenny (victim) received several paddle
blows, one of which was so strong 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.
 VILLAREAL VS PEOPLE G.R. NO.
151258
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.
 VILLAREAL VS PEOPLE G.R. NO.
151258

When his condition worsened, the Aquilans

rushed him to the hospital. Lenny was
pronounced dead on arrival.
 VILLAREAL VS PEOPLE G.R. NO.
151258
Consequently, a criminal case for homicide
was filed against the 35 Aquilans.
The trial court rendered judgment holding
the 26 accused guilty beyond reasonable doubt
of the crime of homicide. The criminal case
against the remaining nine accused
commenced anew.
 VILLAREAL VS PEOPLE G.R. NO.
151258
The CA set aside the finding of conspiracy
by the trial court and modified the criminal
liability of each of the accused according to
individual participation.
One accused had by then passed away, so
the following Decision applied only to the
remaining 25 accused:
 VILLAREAL VS PEOPLE G.R. NO.
151258
1. Nineteen of the accused-appellants were
acquitted, as their individual guilt was not
established by proof beyond reasonable doubt.
2. Four of the accused-appellants were found
guilty of the crime of slight physical injuries.
3. Two of the accused-appellants – Fidelito
Dizon and Artemio Villareal – were found
guilty beyond reasonable doubt of the crime of
homicide under Article 249 of the Revised
Penal Code.
 VILLAREAL VS PEOPLE G.R. NO.
151258

Whether or not the CA committed grave abuse of

discretion when it pronounced Tecson, Ama,
Almeda, and Bantug guilty only of slight physical
injuries?
 VILLAREAL VS PEOPLE G.R. NO.
151258

YES. The CA committed grave abuse of

discretion amounting to lack or excess of
jurisdiction in finding Tecson, Ama, Almeda,
and Bantug criminally liable for slight physical
injuries.
 VILLAREAL VS PEOPLE G.R. NO.
151258
Attributing criminal liability solely to Villareal
and Dizon – as if only their acts, in and of
themselves, caused the death of Lenny Villa – is
contrary to the CA’s own findings. From proof that
the death of the victim was the cumulative effect of
the multiple injuries he suffered, the only logical
conclusion is that criminal responsibility should
redound to all those who have been proven to have
directly participated in the infliction of physical
injuries on Lenny.
 VILLAREAL VS PEOPLE G.R. NO.
151258

Whether or not Villareal and Dizon is

guilty of homicide.
 VILLAREAL VS PEOPLE G.R. NO.
151258
No. The Court cannot sustain the CA in finding
the accused Dizon guilty of homicide under Article
249 of the Revised Penal Code on the basis of the
existence of intent to kill. Animus interficendi cannot
and should not be inferred unless there is proof
beyond reasonable doubt of such intent. Instead, the
Court adopts and reinstates the finding of the trial
court in part, insofar as it ruled that none of the
fraternity members had the specific intent to kill
Lenny Villa.
 VILLAREAL VS PEOPLE G.R. NO.
151258

Lenny Villa’s death eventually led to the

passage of RA 8049.
 ANTI-HAZING ACT OF 1995

REPUBLIC ACT No. 8049 AN ACT

REGULATING HAZING AND OTHER FORMS
OF INITIATION RITES IN FRATERNITIES,
SORORITIES, AND OTHER
ORGANIZATIONS AND PROVIDING
PENALTIES THEREFOR
 ANTI-HAZING ACT OF 1995

After Villa’s case, there were at least 23 other

hazing-related deaths in fraternities. A more recent
one was of Horacio Castillo III’s, a student from the
University of Sto. Tomas.
 ANTI-HAZING ACT OF 1995
After over two decades since the passage of the
Anti-Hazing Law, there has only been one
conviction. This was in 2015 when the Supreme
Court found two Alpha Phi Omega members guilty
of violating the law for the death of University of the
Philippines-Los Baños (UPLB) student Marlon
Villanueva in 2006.
ANTI-HAZING ACT OF 2018
 ANTI-HAZING ACT OF 2018
REPUBLIC ACT No. 11053
"An Act Prohibiting Hazing and Regulating
Other Forms of Initiation Rites of Fraternities,
Sororities, and Other Organizations, and
Providing Penalties for Violations Thereof,
Amending for the Purpose Republic Act No. 8049,
Entitled "An Act Regulating Hazing and Other
Forms of Initiation Rites in Fraternities
Sororities, and Organizations and Providing
Penalties Therefor."
 ANTI-HAZING ACT OF 2018

Definition of Hazing, to include acts that result to

physical or psychological suffering, harm, or injury
inflicted on a recruit, neophyte, applicant, or member
as part of initiation or requirement or continuing
membership in a fraternity, sorority, or organization
(Sec. 2a).
 ANTI-HAZING ACT OF 2018
…including, but not limited to paddling, whipping,
beating, branding, forced calisthenics, exposure to
the weather, forced consumption of any food, liquor,
beverage, drug or other substance, or any other
brutal treatment or forced physical activity which is
likely to adversely affect the physical and
psychological health of such recruit, neophyte,
applicant, or member.
 ANTI-HAZING ACT OF 2018

This shall also include any activity, intentionally

made or otherwise, by one person alone or acting
with others, that tends to humiliate or embarrass,
degrade, abuse, or endanger, by requiring a recruit,
neophyte, applicant, or member to do menial, silly,
or foolish tasks.
 ANTI-HAZING ACT OF 2018
(b) Initiation or Initiation Rites refer to ceremonies,
practices, rituals, or other acts, weather formal or
informal, that a person must perform or take part in
order to be accepted into fraternity, sorority,
organization as a full-fledged member. It includes
ceremonies practices , rituals, and other acts in all
stages of membership in a fraternity, sorority, or
organization.
 ANTI-HAZING ACT OF 2018
"(c) Organization refers to an organized body of
people which includes, but it is not limited to, any
club, association, group, fraternity, and sorority. This
term shall include the Armed Forces of the
Philippines (AFP), the Philippine National Police
(PNP), the Philippine Miltary Academy (PMA), the
Philippine National Police Academy (PNPA), and
other similar uniformed service learning institutions.
 ANTI-HAZING ACT OF 2018

"(d) Schools refer to colleges, universities, and other

educational institutions."
 ANTI-HAZING ACT OF 2018
A new section to be denominated as Section 3 is
hereby inserted in the same Act to read as follows:
Prohibition on Hazing. - All forms of hazing shall be
prohibited in fraternities, sororities, and organizations in
schools, including citizens' military training and citizens'
army training. This prohibition shall likewise apply to all
other fraternities, sororities, and organizations that are not
school-based, such as community-based and other similar
fraternities, sororities and organizations:
 ANTI-HAZING ACT OF 2018
Provided, That the physical, mental, and
practices to determine and enhance the physical,
mental, and psychological fitness of prospective
regular members of the AFP and the PNP as
approved by the Secretary of National Defense and
National Police Commission, duly recommended by
the Chief of Staff of the AFP and Director General of
the PNP, shall not be considered as hazing
purposes of this Act:
 ANTI-HAZING ACT OF 2018
Provided, further, That the exemption provided
herein shall likewise apply to similar procedures and
practices approved by the respective heads of other
uniformed learning institutions as to their
prospective members, nor shall this provision apply
to any customary athletic events or other similar
contests or competitions or any activity or conduct
that furthers a legal and legitimate objective, subject
to prior submission of a medical clearance or
certificate.
 ANTI-HAZING ACT OF 2018

"In no case shall hazing be made a requirement

for employment in any business or corporation."
 ANTI-HAZING ACT OF 2018

Section 4. Section 2 of the same Act is hereby

amended to read as follows:
"Sec. 4. Regulation of School-Based Initiation
Rites. Only initiation rites or practices that do not
constitute hazing shall be allowed: Provided,
That:
 ANTI-HAZING ACT OF 2018
"(a) A written application to conduct initiation
rites shall be made to the proper authorities of the
school not later than seven (7) days prior to
scheduled initiation date;
"(b) The written application shall indicate the
place and date of the initiation rites and the names of
the recruits, neophytes, or applicants to be initiated
and the manner by which they will conduct the
initiation rites;
 ANTI-HAZING ACT OF 2018
”(c) The initiation rites shall not last more
than three (3) days;
”(d) The application shall contain the names
of the incumbent officers of the fraternity,
sorority, or organization and any person or
persons who will take charge in the conduct of
the initiation rites;
 ANTI-HAZING ACT OF 2018

”(e) The application shall be under oath with a

declaration that it has been posted in the official
school bulletin board, the bulletin board of the office
of the fraternity, sorority, or organization, and two(2)
other conspicuous places in the school or in the
premises of the organization; and
 ANTI-HAZING ACT OF 2018

”(f) The application shall be posted from the time

of submission of the written notice to the school
authorities or head of organization and shall only be
removed from its posting three (3) days after the
conduct of the initiation rites.
 ANTI-HAZING ACT OF 2018
"The school, fraternity, sorority, or organization
shall provide for their respective bulletin boards for
purposes of this section. "Guidelines for the approval
or denial of the application to conduct initiation rites
by a registered fraternity, sorority, organization shall
be promulgated by the appropriate school official not
later than sixty (60) days after the approval of this
Act.
 ANTI-HAZING ACT OF 2018

The appropriate school authorities shall have the

obligation to disapproved the application to conduct
initiation rites that do not conform with any of the
requirements of this section, and in unequivocal
terms in a formal advice to the fraternity sorority, or
organization concerned, taking into consideration the
safety and security of participants in the activity.
 ANTI-HAZING ACT OF 2018

Section 4 basically 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.
 ANTI-HAZING ACT OF 2018
Sec. 5. University Representation during
approved initiation rites.
Monitoring of Initiation Rites.- The head of the
school or an authorized representative must assign
at least two (2) representatives of the school to be
present during the initiation…. If hazing is still
committed despite their presence, no liability shall
attach to them unless it is proven that they failed to
perform an overt act to prevent or stop the
commission thereof."
 ANTI-HAZING ACT OF 2018
Sec. 6. Mandatory registration for fraternities,
sororities, and organizations, with University
students as members, before they conduct activities
in the school.
Sec. 7. Qualification of the Fraternity, Sorority,
and Organization Adviser [must be a faculty
member] and his/her responsibilities during initiation
[i.e. monitor activities, presumed consent when
unlawful act is committed].
 ANTI-HAZING ACT OF 2018

Sec. 8. 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.
 ANTI-HAZING ACT OF 2018
Sec. 9. Registration of Community-Based and Other
Similar Fraternities, Sororities, or Organizations. - All
new and existing community-based fraternities, sororities, or
organizations, including their respective local chapters, shall
register with the barangay, municipality, or city wherein they
are primarily based.
"Upon registration, all community-based fraternities,
sororities, or organizations including their respective local
chapters, shall submit a comprehensive list of members and
officers which shall be updated yearly from the date of
registration."
 ANTI-HAZING ACT OF 2018
Sec. 12. Nullity of Waiver and Consent. - Any form of
approval, consent, or agreement, whether written or
otherwise, or of an express waiver of the right to object to
the initiation rite or proceeding which consists of hazing,
as defined in this Act, made by a recruit, neophyte, or
applicant prior to an initiation rite that involves
inflicting physical or psychological suffering, harm, or
injury, shall be void and without any binding effect on the
parties.]
"The defense that the recruit, neophyte, or applicant
consented to being subjected to hazing shall not be available
to persons prosecuted under this Act."
 ANTI-HAZING ACT OF 2018

"Sec. 13 Administrative Sanctions. - The

responsible officials of the school, the uniformed
learning institutions, the AFP or the PNP may
impose the appropriate administrative sanctions,
after due notice and summary hearing, on the
person or the persons charged under this Act even
before their conviction."
 ANTI-HAZING ACT OF 2018
Section 14. Section 4 of the same Act is hereby
amended to read as follows:
"Sec. 14. Penalties. - The following penalties shall
be imposed:
"(a) The penalty of reclusion perpetua and a fine
of Three million pesos (P3,000,000.00) shall be
imposed upon those who actually planned or
participated in the hazing if, as a consequence of
the hazing, death, rape, sodomy, or mutilation
results therefrom;
 ANTI-HAZING ACT OF 2018
"(b) The penalty of reclusion perpetua and a fine
of Two million pesos (P2,000,000.00) shall be
imposed upon:
"(1) All persons who actually planned or
participated in the conduct of the hazing;
"(2) All officers of the fraternity, sorority, or
organization who are actually present during the
hazing;
 ANTI-HAZING ACT OF 2018
"(3) The adviser of a fraternity, sorority, or
organization who is present when the acts
constituting the hazing were committed and failed
to take action to prevent the same from occurring
or failed to promptly report the same to the law
enforcement authorities if such adviser or adviser
or advisers can do so without peril to their person or
their family;
 ANTI-HAZING ACT OF 2018
"(4) All former officers, nonresident members, or
alumni of the fraternity, sorority, or organization
who are also present during the hazing:
Provided, That should the former officer,
nonresident member, or alumnus be a member of
the Philippine Bar, such member shall immediately
be subjected to disciplinary proceedings by the
Supreme Court pursuant to its power to discipline
members of the Philippine Bar:
 ANTI-HAZING ACT OF 2018
Provided, further, That should the former officer,
nonresident member, or alumnus belong to any
other profession subject to regulation by the
Professional Regulation Commission (PRC), such
professional shall immediately be subjected to
disciplinary proceedings by the concerned
Professional Regulatory Board, the imposable
penalty for which shall include, but is not limited to,
suspension for a period of not less than three (3)
or revocation of the professional license.
 ANTI-HAZING ACT OF 2018
Provided, further, That should the former officer,
nonresident member, or alumnus belong to any
other profession subject to regulation by the
Professional Regulation Commission (PRC), such
professional shall immediately be subjected to
disciplinary proceedings by the concerned
Professional Regulatory Board, the imposable
penalty for which shall include, but is not limited to,
suspension for a period of not less than three (3)
or revocation of the professional license.
 ANTI-HAZING ACT OF 2018
A suspended or revoked professional license pursuant to
this section may be reinstated upon submission of affidavits
from at least three (3) disinterested persons, good moral
certifications from different unaffiliated and credible
government, religious, and socio-civic organizations and
such other relevant evidence to show that the concerned
professional has become morally fit for readmission into the
profession: Provided, That said readmission into the
profession shall be subject to the approval of the respective
Professional Regulatory Board;
 ANTI-HAZING ACT OF 2018
"(5) Officers or members of a fraternity, sorority,
or organization who knowingly cooperated in
carrying out the hazing by inducing the victim to
be present thereat; and
"(6) members of the fraternity, sorority, or
organization who are present during the hazing
when they are intoxicated or under the influence
of alcohol or illegal drugs;
 ANTI-HAZING ACT OF 2018

"(c) The penalty of reclusion temporal in its

maximum period and a fine of One million pesos
(P1,000,000.00) shall be imposed upon all persons
who are present in the conduct of the hazing;
 ANTI-HAZING ACT OF 2018
"(d) The penalty of reclusion temporal and fine
of One million pesos (P1,000,000.00) shall be
imposed upon former officers, nonresident
member, alumni of the fraternity, sorority, or
organization who, after the commission of any of
the prohibited acts proscribed herein, will perform
any act to hide, conceal, or otherwise hamper or
obstruct any investigation that will be conducted
thereafter: Provided:
 ANTI-HAZING ACT OF 2018
"(e) The penalty of prision correcional in its minimum
period shall be imposed upon any person who shall
intimidate, threaten, force, or employ, or administer any
form of vexation against another person for the purpose
of recruitment in joining or promoting a particular
fraternity, sorority, or organization. The persistent and
repeated proposal or invitation made to a person who had
twice refused to participate or join the proposed fraternity,
sorority, or organization, shall be prima facie evidence of
vexation for purposes of this section; and
 ANTI-HAZING ACT OF 2018
"(f) A fine of One million pesos (P1,000,000.00)
shall be imposed on the school if the fraternity,
sorority, or organization filed a written application
to conduct an initiation which was subsequently
approved by the school and hazing occurred
during the initiation rites or when no
representatives from the school were present
during the initiation as provided under Section 5 of
this Act:
 ANTI-HAZING ACT OF 2018
Provided, That if hazing has been committed in
circumvention of the provisions of this Act, it is
incumbent upon school officials to investigate motu
propio and take an active role to ascertain factual
events and identity witnesses in order to determine
the disciplinary sanctions it may impose, as well as
provide assistance to police authorities."
 ANTI-HAZING ACT OF 2018
"The owner or lessee of the place where hazing
is conducted shall be liable as principal and
penalized under paragraphs (a) or (b) of this
section, when such owner or lessee has actual
knowledge of the hazing conducted therein but
failed to take any action to prevent the same from
occurring or failed to promptly report the same to
the law enforcement authorities if they can do so
without peril to their person or their family.
 ANTI-HAZING ACT OF 2018
If the hazing is held in the home of one of the
officers or members of the fraternity, sorority, or
organization, the parents shall be held liable as
principals and penalized under paragraphs (a) or
(b) hereof when they have actual knowledge of the
hazing conducted therein but failed to take any
action to prevent the same from occurring or
failed to promptly report the same to the law
enforcement authorities if such parents can do so
without peril to their person or their family.
 ANTI-HAZING ACT OF 2018
"The school authorities including faculty members as
well as barangay, municipal, or city officials shall be liable
as an accomplice and likewise be held administratively
accountable for hazing conducted by the fraternities,
sororities, other organizations, if it can be shown that the
school or barangay, municipal, or city officials allowed or
consented to the conduct of hazing, but such officials failed
to take any action to prevent the same from occurring or
failed to promptly report to the law enforcement authorities
if the same can be done without peril to their person or their
family.
 ANTI-HAZING ACT OF 2018
"The presence of any person, even if such person
is not a member of the fraternity, sorority, or
organization, during the hazing is prima facie
evidence of participation therein as a principal
unless such person or persons prevented the
commission of the acts punishable herein or
promptly reported the same to the law enforcement
authorities if they can do so without peril, to their
person or their family.
 ANTI-HAZING ACT OF 2018
"The incumbent officers of the fraternity,
sorority, or organization concerned shall be jointly
liable with those members who actually
participated in the hazing.
"Any person charged under this Act shall not
be entitled to the mitigating circumstances that
there was no intention to commit so grave a
wrong.
 ANTI-HAZING ACT OF 2018
"This section shall apply to the president,
manager, director, or other responsible officer of
businesses or corporations engaged hazing as a
requirement for employment in the manner
provided herein.
"Any conviction by final judgment shall be
reflected on the scholastic record, personal, or
employment record of the person convicted,
regardless of when the judgment conviction has
become final."
 ANTI-HAZING ACT OF 2018
"The incumbent officers of the fraternity,
sorority, or organization concerned shall be jointly
liable with those members who actually
participated in the hazing.
"Any person charged under this Act shall not
be entitled to the mitigating circumstances that
there was no intention to commit so grave a
wrong.
 ANTI-HAZING ACT OF 2018
"The incumbent officers of the fraternity,
sorority, or organization concerned shall be jointly
liable with those members who actually
participated in the hazing.
"Any person charged under this Act shall not
be entitled to the mitigating circumstances that
there was no intention to commit so grave a
wrong.