Anti-hazing

Ian Alfredo Magno

I ONCE asked a friend, who was a fratman during his college years, whether he would allow his son to join a college fraternity upon reaching college.  His outright answer was a resounding “No!”  Accordingly, he would not want his beloved child to experience the brutal rigors he obtained when he succumbed to the lowly status of a being neophyte.

In the wake of the recent senseless fatality believed to be caused by excessive brutality, where a UST-based frat is allegedly involved, talks about college frats surface anew.

Perhaps it is an inevitable requirement in every fraternity that an applicant, prior to being admitted to the fold, must undergo certain challenges to test his humility and/or determination to be one among the so-called few.  Almost always, however, such challenges involve strenuous physical beating, which easily qualify as acts constituting hazing under Republic Act No. 8049 otherwise known as “An Act Regulating Hazing and Other Forms of Initiation Rites in Fraternities, Sororities, and other Organizations and Providing Penalties Therefor.”

Section 1 thereof defines hazing as 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.

Usually, initiation rites are done within school campuses after school hours at night (in secret, upon having bribed the guards to look the other way).  While it is not at all prohibited to perform such activities within the premises of the school, Section 2 of RA 8049 provides certain parameters therefor, thus:

“Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation.  The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.”

Heed serious note of the specific requirements, such as the written notice (7 days prior), period not exceeding three (3) days, and names of neophytes/recruits/applicants/pledgees; and the express promise not to employ violence during such activity.  RA 8049 further imposes the penalty of imprisonment to the officers and members of the fraternity who actually participate in the infliction of physical harm – who shall be treated as principal suspects – if the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result.

However, in the case of Dungo vs People of the Philippines G.R. No. 209464 dated 1 July 2015, the Supreme Court through Justice Mendoza lamented, thus:

“R.A. No. 8049, or the Anti-Hazing Law .of 1995, has been enacted to regulate hazing and other forms of initiation rites in fraternities, sororities, and other organizations.  It was in response to the rising incidents of death of hazing victims, particularly the death of Leonardo ‘Lenny’ Villa.  Despite its passage, reports of deaths resulting from hazing continue to emerge.  Recent victims were Guillo Servando of the College of St. Benilde, Marc Andre Marcos and Marvin Reglos of the San’, Beda College – Manila, and Cris Anthony Mendez of the University of the Philippines – Diliman. With the continuity of these senseless tragedies, one question implores for an answer: is R.A. No. 8049 a sufficient deterrent against hazing?

“… While the Court finds R.A. No. 8049 adequate to deter and prosecute hazing, the law is far from perfect.”

(Ian Alfredo T. Magno is a practicing lawyer based in Cagayan de Oro and legal officer at Philhealth. E-mail: ianalfredom@gmail.com)