House sub committee moves to ban, criminalize hazing

September 26, 2017

The House subcommittee on prosecutorial reforms approved on Tuesday a substitute bill that repeals the anti-hazing law, criminalizes hazing and holds fraternity officials liable to injury or death resulting from hazing.

The approval of the un-numbered substitute bill to House Bill 3467 authored by Bagong Henerasyon Partylist Rep. Bernadette Herrera-Dy  comes amid a congressional investigation on the death of University of Santo Tomas law student Horacio Tomas Castillo III from alleged hazing.

RA 8049, also known as “An Act Regulating Hazing And Other Forms Of Initiation Rites In Fraternities, Sororities, And Other Organizations And Providing Penalties Therefor” was enacted in 1995.

“The main difference is that in RA 8049, we are regulating hazing while in the bill, we are proposing to completely prohibit any form of hazing,” said Herrera-Dy.

Herrera-Dy said during the hearing presided by Rep. Reynaldo Umali of Oriental Mindoro that since 2000, many reported deaths due to hazing did not lead to justice being served  to the victims and their families.

Umali, chairman of the committee on justice, said the bill is very timely and forms a crucial part in the effort to reform the criminal justice system.

The bill provides that “if a person subjected to hazing or other forms of initiation rites suffers any physical and psychological 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 held liable as principals.

It further mandates that no hazing or initiation rites shall be allowed without prior written notice to the school authorities or head of organization seven days before their conduct. At least two representatives of the school or organization must also be present during initiation to ensure that violence will not be employed.

It requires all existing fraternities, sororities and other organizations otherwise not created or organized by the school but have existing members, who are students, or plan to recruit students to be their members, shall be required to register with the proper authorities of the school before they conduct activities whether on-or-off campus, including the recruitment of members.

Fraternities, sororities and other organizations not based in school are also covered by the prohibition under the Act.

The bill also requires a written application from the local government units and barangay where the community-based fraternities, sororities and other organizations are based, not later than seven days prior to the scheduled initiation date. DMS