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Salient Features of RA 11053 or The Anti-Hazing Act of 2018

Thursday, July 12, 2018 / No Comments
ra 11053
RA 11053

President Rodrigo Duterte signed RA 11053 or The Anti-Hazing Act of 2018.

RA 11053 is an act prohibiting hazing and regulating other forms of initiation
rites of fraternities,sororities and other organizations.

This new law amends RA 8049 or the Anti Hazing Act.

Republic Act 11053 or the Anti-Hazing Act of 2018 gives teeth to the previous
1995 version of the law as it now outrightly prohibits and makes hazing a
criminal act while providing more substantial penalties for those who
will be proven guilty.

What are the salient features of the new law, RA 11053?

1. The new law imposes penalties such as reclusion perpetua and up
to P3 million in fines.

2. Under the new law, the definition of hazing has been expanded to include
"physical or psychological suffering, harm or injury inflicted on a recruit,
member, neophyte, or applicant" as a prerequisite for admission or for continued
membership in an organization.

3. Banned under the law 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.

4. The law also 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 danger of
participating in activities that will involve hazing.

5. All members of the fraternity, sorority or organization who participated in
unauthorized initiation rites, even if no hazing was conducted, shall be punished
accordingly. Persons who had knowledge of any hazing acts committed but failed to
report it to the authorities or those to be found guilty of hiding, concealing or
hampering or obstructing investigation should be penalized.

Liabilities include:

* penalty of reclusion temporal and P1 million on the participating officer and
members of the fraternity who were involved in the hazing * reclusion perpetua
 and P2 million on members who actually participated in hazing when under the
influence of alcohol or drugs; and on non-resident or alumni who participate
in hazing * reclusion perpetua and P3 million on those who participated in
hazing that resulted in death, rape, sodomy, or mutilation * P1 million on
the school if it approved an initiation of a fraternity, sorority or
organization where hazing occurred * prision correccional (six months to six years)
on anyone who intimidates or threatens another for recruitment.
This includes "persistent and repeated" proposals or invitations to those who
refused to join at least twice. * P1 million for former officers or alumni who
try to hide or obstruct investigation

If the offender is a member of the Bar, he or she shall be subject to
disciplinary proceedings by the Supreme Court. If the offender is in another
profession, he or she will be subject to regulation by the Professional
Regulation Commission.

6. Senator Ping Lacson, a former PNP Chief sponsored this law.

SC Grants Request for Transfer of Venue of The Case People vs. Atty.Isidore

Monday, July 2, 2018 / No Comments
Transfer of Venue | Image Credit
SC grants transfer of venue of the illegal drug cases vs. ex-NBI anti-drug unit head Eric Isidro
and 8 others from Virac RTC to Makati RTC

The Supreme Court grants the request of then DOJ Secretary of Justice Vitaliano Aguirre
requesting the transfer of venue of criminal cases No.6527 (People vs. Atty.Augusto Eric C.
Isidoro, criminal case No.6528 (People vs. Paulo Uy,
criminal case No.6529 and criminal case No.6530.

The Supreme Court directed the branch clerk of court, Regional trial court (RTC)
branch 43, Virac, Catanduanes, to forward the records of the aforesaid criminal cases
to the office of the executive judge,RTC, makati City.

Atty.Isidoro is a former NBI Regional Director of Central Mindanao.

Isidoro is being identified as the owner of the 1,000-square meter property where the
shabu laboratory was built and discovered.

Isidoro allegedly owns the  lot in Virac where the alleged shabu laboratory , according to the NBI.

For purposes of the criminology board examination, remember this:

The Supreme Court may order the change of venue of trial of criminal proceedings
provided that the initiation should commence from the place where the crime was committed.

Section 15, Rule 110 of the Rules of Court provides that subject to existing laws,
the criminal action shall be instituted and tried in the court of the city or
municipality or territory where the offense was committed or any of its essential
elements occurred.

It may be noted, however, that under Section 5(4), Article VIII of the Constitution,
the Supreme Court shall have the power to order a change of venue or place of trial to
avoid miscarriage of justice.

Anti-Bomb Joke Law or PD 1727

Sunday, June 24, 2018 / No Comments
Anti-Bomb Joke Law / PD 1727:Photo Owner PIA

Anti-Bomb Joke law is a special crime that is committed when there is any unlawful
dissemination of false information or when there is willful making of any threat
concerning bombs, explosives, or any similar device or means of destruction.

The offender of this crime when convicted shall be punished with imprisonment of not
more than five (5) years or a fine of not more than forty thousand pesos (P40,000) or