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RA. NO. 8049 The Anti-Hazing Law


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.
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.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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