Anti-Hazing Act of 2018 [R.A. No. 8049, as amended by R.A. No. 11053] | SPECIAL PENAL LAWS

Anti-Hazing Act of 2018 (R.A. No. 8049, as amended by R.A. No. 11053)

I. Overview and Purpose

The Anti-Hazing Act of 2018 (Republic Act No. 11053) is a comprehensive amendment to the original Anti-Hazing Act of 1995 (Republic Act No. 8049). It aims to prevent hazing and other forms of initiation rites in fraternities, sororities, and similar organizations, ensuring accountability for those who engage in such acts. The law reflects the government's heightened response to hazing-related deaths and injuries.

II. Key Definitions

1. Hazing:

   • Any physical or psychological suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of an initiation rite or practice.
   • Includes physical beatings, acts of humiliation, forced consumption of substances, exposure to extreme weather, and activities causing psychological stress.
   • Excludes physical, mental, and psychological testing required by schools, the military, and law enforcement training institutions.

2. Initiation Rites:

   • Ceremonial practices or traditions for admitting new members into an organization.
   • Permitted only if the organization complies with strict regulatory and procedural requirements.

III. Scope of Coverage

The law applies to:

• Fraternities, sororities, organizations, and similar groups in schools.
• Community-based organizations, including those affiliated with schools or not.
• Civic organizations, scouting organizations, and armed forces organizations.

IV. Prohibited Acts

1. All forms of hazing are prohibited, including acts that:
   • Cause physical or psychological harm.
   • Humiliate or degrade.
   • Are conducted under the guise of initiation, regardless of consent.
2. Hazing resulting in death, rape, sodomy, or mutilation is treated as heinous and subject to severe penalties.

V. Preventive Measures

1. Registration of Organizations:
   • All school-based fraternities, sororities, and organizations must register with their respective schools.
   • A list of officers, members, and advisers must be submitted.
2. Prior Notice and Approval:
   • Initiation rites must be filed and approved by school authorities at least seven (7) days in advance.
   • A written application with a detailed schedule and plan must be submitted.
   • No hazing should occur within these rites.
3. School Monitoring:
   • School authorities are required to assign representatives to monitor the initiation rites.
   • Representatives must ensure compliance with the Anti-Hazing Act.

VI. Accountability and Liability

1. Participants:
   • Direct participants in hazing are criminally liable.
   • Even non-participants may be liable if they facilitated or were present during the commission of hazing.
2. Officers and Members:
   • Officers or members of the organization who planned, allowed, or failed to prevent hazing are equally liable.
3. School Officials:
   • School officials, faculty members, or administrators who allowed or failed to take action against hazing activities are liable.
4. Parents:
   • Parents who consent to hazing activities conducted on their property are also held accountable.

VII. Penalties

1. Reclusion Perpetua and Fine:
   • For hazing resulting in death, rape, sodomy, or mutilation.
   • Fine: P3 million.
2. Graduated Penalties:
   • For hazing causing physical injuries or psychological harm:
     • Serious Physical Injuries: Reclusion temporal and a fine of P1 million.
     • Less Serious Injuries: Prision correccional and a fine of P500,000.
     • Other Harm: Arresto mayor and a fine of P100,000.
3. Accessory Penalties:
   • Disqualification from public office and professional practice.
   • Civil liabilities for damages caused.

VIII. Exceptions and Exclusions

• Legitimate activities such as scouting, military training, law enforcement, and other state-sanctioned tests are not considered hazing.
• Organizations with established bylaws promoting safety and respect for human rights are encouraged to comply fully with this law.

IX. Institutional Responsibilities

1. Schools:
   • Conduct awareness campaigns about the law and the dangers of hazing.
   • Implement programs and activities to prevent hazing.
   • Develop grievance mechanisms and provide support to victims.
2. Local Government Units:
   • Monitor community-based organizations for compliance.
3. Law Enforcement:
   • Investigate and prosecute violators promptly.
   • Ensure protective measures for witnesses and whistleblowers.

X. Impact and Importance

The Anti-Hazing Act of 2018 is a landmark legislation designed to address the tragic consequences of hazing. By imposing severe penalties, mandating preventive measures, and holding organizations and institutions accountable, it seeks to protect individuals from harm while promoting a culture of respect and discipline.

This law represents a crucial step in fostering a safer environment within schools, communities, and organizations, ensuring that no individual is subjected to inhumane or degrading treatment under the guise of tradition or camaraderie.