ANTI-HAZING LAW

(R.A. 8049)
B Y:
PHILIP BRENT M.
CARIAGA

VILLAREAL V. 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 (Aquila Fraternity).
On the night of 8 February 1991, the neophytes were met by some
members of the Aquila Fraternity (Aquilans) at the lobby of the
Ateneo Law School. They all proceeded to Rufos Restaurant to have
dinner.

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.

1st day of initiation: the Indian Run, which required the

neophytes to run a gauntlet of two parallel rows of Aquilans, each
row delivering blows to the neophytes; the 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; the 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
the Auxies Privilege Round, in which the auxiliaries were given the
opportunity to inflict physical pain on the neophytes

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 Fraternitys 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

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.

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.

After an hour of sleep, the neophytes were suddenly roused by

Lennys 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.

When his condition worsened, the Aquilans rushed him to the hospital.
Lenny was pronounced dead on arrival.

There were 26 accused Aquilans.

CA JUDGMENT: since one of the accused died already, judgment was
rendered against the remaining 25. 19 were acquitted, 4 were
charged with slight physical injuries, and two of the accusedappellantsFidelito DizonandArtemio Villareal were found guilty
beyond reasonable doubt of the crime of homicide

Eventually led to the passage of RA

8049

WHAT IS HAZING?
It 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.

IS HAZING ILLEGAL PER SE?

Hazing is not illegal per se. What makes hazing illegal is the
employment of physical violence in the conduct thereof.

THE LAW REQUIRES:

1. Fraternity must notify the school authorities before the conduct of
rights
2. Make an undertaking that no physical violence be employed by
anybody during such initiation rites.
3. School representatives must be present during the initiation.
FAILURE TO COMPLY WITH THESE REQUIREMENTS IS NOT A
CRIME. THE LAW DOES NO PRESCRIBE A PENALTY FOR SUCH
OMISSIONS.

ARE THERE ALLOWED INITIATION RIGHTS? YES.

The term "organization" shall include any club or the Armed Forces
of the Philippines, Philippine National Police, Philippine Military
Academy, or officer and cadet corp of the Citizen's Military Training
and 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 Armed Forces of the Philippines and the Philippine National
Police as approved by the Secretary of National Defense and the
National Police Commission duly recommended by the Chief of Staff,
Armed Forces of the Philippines and the Director General of the
Philippine National Police shall not be considered as hazing for the
purposes of this Act.

WHO ARE 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, 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 hazing is held in the home of one of the officers or members of
the fraternity, group, or organization, the parents shall be held liable
as principals when they have actual knowledge of the hazing
conducted therein but failed to take any action to prevent the same
from occurring.

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.
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 acts punishable herein.

WHO ARE LIABLE AS ACCOMPLICES?

The owner of the place where hazing is conducted shall be liable as
an accomplice, when he has actual knowledge of the hazing
conducted therein but failed to take any action to prevent the same
from occurring.
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.

These sections shall apply to the president, manager, director or

other responsible officer of a corporation engaged in hazing as a
requirement for employment in the manner provided herein.

N
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THE PERSON OR PERSONS WHO PARTICIPATED IN THE HAZING SHALL

SUFFER:

1. The penalty of reclusion perpetua (life imprisonment) if death, rape,

sodomy or mutilation results there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4
months and 1 day to 20 years) if in consequence of the hazing the
victim shall become insane, imbecile, impotent or blind

3. The penalty of reclusion temporal in its medium period (14 years, 8

months and one day to 17 years and 4 months) if in consequence of the
hazing the victim shall have lost the use of speech or the power to hear
or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or
shall have lost the use of any such member shall have become
incapacitated for the activity or work in which he was habitually
engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and
one day to 14 years and 8 months) if in consequence of the hazing the
victim shall become deformed or shall have lost any other part of his
body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance on the activity or work in which he
was habitually engaged for a period of more than ninety (90) days.

5. The penalty of prison mayor in its maximum period (10 years and
one day to 12 years) if in consequence of the hazing the victim shall
have been ill or incapacitated for the performance on the activity or
work in which he was habitually engaged for a period of more than
thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one
day to 10 years) if in consequence of the hazing the victim shall
have been ill or incapacitated for the performance on the activity or
work in which he was habitually engaged for a period of ten (10)
days or more, or that the injury sustained shall require medical
assistance for the same period.

7. The penalty of prison mayor in its minimum period (6 years and one
day to 8 years) if in consequence of the hazing the victim shall have
been ill or incapacitated for the performance on the activity or work
in which he was habitually engaged from one (1) to nine (9) days, or
that the injury sustained shall require medical assistance for the
same period.
8. The penalty of prison correccional in its maximum period (4 years, 2
months and one day to 6 years) if in consequence of the hazing the
victim sustained physical injuries which do not prevent him from
engaging in his habitual activity or work nor require medical
attendance.

WHEN WILL THE MAXIMUM PENALTY BE IMPOSED?

(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.

EXCEPTIONS:
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 Armed Forces of the Philippines and the Philippine National
Police.
Hazing or initiation rites (as long as it is without physical violence)
by a fraternity, sorority or organization shall be allowed if with prior
written notice to the school authorities or head of organization
seven (7) days before the conduct of such initiation, indicating the
period of the initiation activities (not more than 3 days), shall
include the names of those to be subjected to such activities.

IS PRAETER INTENTIONEM APPLICABLE?

Praeterintentionem iswheretheconsequencewentbeyondthatis
endedor expected. This is a mitigating circumstance (Art. 13, par. 3,
RPC) when there is a notorious disparity between the act or means
employed by the offender and the resulting felony.

NO.

Section 4 expressly states that Any person

charged under this provision shall not be entitled
to the mitigating circumstance that there was no
intention to commit so grave a wrong.

THE END