ANTI-HAZING LAW (R.A. No.

8049)

Hazing – is an initiation rite or practice as a pre-requisite for admission into 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 similar tasks or
activities or otherwise subjecting him to physical or psychological suffering or injury (Sec.1 of
R.A. 8049)

Organization – includes any club, or AFP, PNP, Philippine Military Academy, or officer and cadet
corps of the Citizen’s Military Training, or Citizen’s Army Training. The physical, mental and
psychological testing and training, procedure, and practices to determine and enhance the
physical, mental and psychological fitness of prospective regular members of the AFP and the
PNP as approve by the Secretary of National Defense and NaPolCom duly recommended by the
Chief of Staff, AFP and the Director General of the PNP shall NOT be considered as hazing for
purposes of the law.

Remember: Hazing is NOT entirely prohibited; it may be allowed subject to the compliance of
the following requirements:
A. Prior notice to the school authorities or head of the organization 7 days before the
conduct of such initiation.
B. Written notice shall indicate the period of the initiation activities which shall not
exceed 3 days.
C. Written notice shall indicate the names of those to be subjected to such activities
D. Written notice shall contain an undertaking that no physical violence be employed by
anybody during such initiation rites.
*The head of the school or organization or their representatives must assign at least 2
representatives of the school or organization to be present during the initiation. It is the duty of
such representative to see to it that no physical harm of any kind shall be inflicted upon a
recruit, neophyte or applicant. (Sec.3 of R.A. 8049)

Note: Under this law, there is no necessity to prove that the masters intended to kill or the
masters intended to maim. What is important is the result of the act of hazing. (The Lenny Villa
Hazing, People vs. CA, GR. No.154954)

PUNISHABLE RESULT MAXIMUM PENALTY

OF HAZING OR OTHER PENALTY SHALL BE IMPOSED IN THE
FORMS OF INITIATION FOLLOWING INSTANCES
RITE
1. Death
2. Rape Reclusion Perpetua
 3. Sodomy
4. Mutilation
Victim becomes (1) insane,
(2) imbecile, (3) impotent
and (4) blind
1. Lost of the use of
speech or the power
to hear and smell
2. Lost an eye, a hand, a
foot, an arm or a leg
3. Lost the use of any
such member shall
have become
incapacitated
(for the activity or work in which
he was habitually engaged)
Victim shall become (1)
deformed, (2) shall have lost
any other part of his body, or
(3) lost the use thereof, or (4)
shall have been ill or (5)
incapacitated for more than
90 days
(for the performance on the activity
or work in which he was habitually
engaged)
Victim shall have been ill or
incapacitated fir more than
30 days (for the performance on
the activity or work in which he
was habitually engaged)
Victim shall have been ill or
incapacitated for a period of
10 days or more or that the
injury sustained shall require
medical assistance for the
same period (for the
performance on the activity or
work in which he was habitually
engage)
Victim shall have been ill or
incapacitated from 1 to 9
days or that the injury
sustained shall require
medical assistance for the
same period (for the
performance on the activity or
work in which he was habitually
1. When the recruitment is
accompanied by force, violence,
Reclusion Temporal in its threat, intimidation or deceit on
maximum period the person of the recruit who
refuses to join;
2. When the recruit, neophyte or
applicant initially consents to join
Reclusion Temporal in its but upon learning that hazing will
medium period be committed on his person, is
prevented from quitting;
3. When the recruit, neophyte or
applicant having undergone
hazing is prevented from
reporting the unlawful act to his
parents or guardian, to the
proper school authorities, or to
the police authorities, through
Reclusion Temporal in its force, violence, threat or
minimum period intimidation;
4. When the hazing is committed
outside of the school or
institution.
Prision Mayor in its 5. When the victim is below 12
maximum period years of age at the time of the
hazing.
NOTE: Accused shall not be
Prision Mayor in its entitled to the mitigating
medium period circumstance that there was no
intention to commit so grave a
wrong (praeter intentionem)
Prision Mayor in its
minimum period
engaged)
Physical injuries (which do not
prevent him from engaging in his Prision Correccional in its
habitual activity or work nor maximum period
require medical attendance)

Who are the persons liable?

PRINCIPAL OFFENDERS ACCOMPLICES

1. Officers and members of the fraternity,
sorority or organization who actually
participated in the infliction of physical harm
1. The owner of the place who has actual
which resulted to death or physical injury of
knowledge of hazing conducted therein but
the victim
failed to take any action to prevent the same.
2. Parents of the officers/members who have
2. School authorities/faculty who consent or
actual knowledge of hazing conducted in their
have actual knowledge of the prohibited
home and failed to take action to prevent the
activities, but failed to take any action to
violation
prevent these.
3. Officers, former, or alumni of the
organization who actually planned the hazing
although not present at the time
4. Those who knowingly cooperated in
carrying out the hazing by inducing the victim
to be present thereat
5. The organization’s adviser who is present
when the prohibited acts were committed and
failed to take any action to prevent the same
Note: The presence of any person during the
hazing is prima facie evidence of
participation therein as principal unless he
prevented the commission of the punishable
acts.