Revisiting Anti-Hazing Law

Last June 28, 18 year-old student of Saint Benilde (CSB) Guillo Cesar Servando died after suffering injuries from a fraternity initiation rites.

A week after, another hazing incident came to light involving a minor student from the University of the Philippines-Diliman. But unlike Servando, the neophyte is no longer in critical condition but was severely injured.

June 4, Friday, five fraternity members were arrested after being caught initiating a hazing rites at Trece Martires in Cavite.

Since these incidents, including that of Servando, a widespread public uproar against violent fraternity initiation went on.

Despite charges lodged against the accused ‘fraternity elders’ through anti hazing law, still justice remains elusive for the hapless victims.

RA 8049

The Anti-Hazing law, Republic Act No. 8049 prohibits any form of physical violence on neophytes, which it described 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.”

Hazing Cases in Cebu City

Since the law was passed in 1995, there were only four cases of hazing filed at the Cebu Regional Trial Court: one in 2009, one in 2010, and two in 2011. Nothing follows up to the present.

In a report of the Philippine Daily Inquirer in 2010, only two cases have been filed in the Cebu City Regional Trial Court. One was provisionally dismissed after the complainants stopped appearing in court.

The other was also dismissed but records were not open to the media because it involved a minor.

Chief Supt. Reuben Theodore Sindac, chief of the PNP public information office, during his interview on ANC said it is difficult for law enforcers to stop hazing activity because it is done in clandestine ways.

“Mahirap ang hazing because it has to be after the fact…they come in group gathering…they go to a private residence. It is done in very clandestine ways” Sindac said.

He added there is no hazing in their training camps and institutions as well as their service academies; it is not tolerable and not done in PNP training institutions.

Recently, Cebu Vice Governor Agnes Magpale expressed willingness to revisit the provincial ordinance that prohibits hazing initiation and other forms of violence in fraternities following the unfortunate death of a fraternity ‘pledgee’.

“There is a resolution that discourages hazing but maybe it’s about time to increase the penalties,” Magpale told reporters.

Punishment

Under Section 4 of RA. 8049, if the person subjected to hazing suffers any physical injury or dies, the officers and members of the fraternity or organization who actually participated in the infliction of physical harm shall be liable as principals and suffer:

(1) Life imprisonment if death, rape, sodomy or mutilation results therefrom.
(2) Reclusion temporal (17 years, 4 months and 1 day to 20 years) if the victim shall become insane, imbecile, impotent or blind.
(3) Reclusion temporal medium period (14 years, 8 months and one day to 17 years and 4 months) if 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; and
(4) Reclusion temporal minimum period (12 years and one day to 14 years and 8 months) if the victim shall become deformed or shall have lost any other part of his body or shall have been incapacitated