SALIENT FEATURES OF THE ANTI-HAZING LAW (RA 8049)

Definition of Hazing as per RA 8049

Hazing - 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 same embarrassing or humiliating
situations such as forcing him to do menial, sill, foolish and similar tasks or activities or otherwise
subjecting him to physical or psychological suffering or injury (Section 1.) 2. Some Features of Hazing 1.
No Hazing or initiation rites in any form or manner by a fraternity and sorority or organization shall be
allowed without prior written notice to the school authorities or head of the organization seven (7) days
before the conduct of such initiation.
* Written notices shall indicate the period of initiation activities which shall not exceed three (3) days
* Shall include names of those subjected to such activity * No physical violence shall be employed by
anybody during such initiation rites. 1. Head of school or organization or their representative MUST
assign at lest two (2) representatives of the school or organization as the case maybe, to the present during
the initiation. It is the duty of the representative to see to it that no physical harm of any kind shall be
inflected upon a recruit, neophyte or applicant.
2. If a person subjected to hazing or other forms of initiation rite suffer any physical injury or die as a
result hereof, the officers and members of the fraternity, sorority or organization who actively participated
in the infliction of physical harm shall be liable as PRINCIPALS and shall suffer the following penalties
depending upon the degree of circumstances, to wit.
a. RECLUSION PERPETUA - On death, rape, sodomy and mutilation.
b. RECLUSION TEMPORAL - (In its maximum period) wherein the victim becomes insane, imbecile,
impotent or blind.
c. RECLUSION TEMPORAL - (In its maximum period) wherein the victim lost of the use of speech,
power to hear and smell, lost an eye, hand, foot arm, leg or become incapacitated to. d. RECLUSION
TEMPORAL - (In its maximum period) victim becomes deformed, lost any other part of his body or
lost the use thereof, becomes ill and incapacitated for a period of more than 90 days.
e. PRISON MAYOR - (In its maximum period) incapacitated not more than 30 years.
f. PRISON MAYOR - (In its maximum period) incapacitated not more than 10 days or its injury shall
require medical attention for same period.
g. PRISON MAYOR - (In its maximum period) incapacitated from 1-9 days and requir4e medical
attendance.
h. PRISON CORRECTIONAL - (In its maximum period) if it does not prevent him from working:
* Wherein recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of
the recruit who refuse to join

* Wherein the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be
committed is prevented from quitting
* Which the recruit, neophyte or applicant having undergone hazing is prevented for reporting the
unlawful act to his parents or authorities through force, violence, threat or intimidation
* Which hazing is committed outside of school or institution
* Victim is below 12 years old
1. The owner of the place hazing was conducted shall be liable as ACCOMPLICE wherein he has
knowledge of the hazing but failed to take action to prevent its commission.
2. Wherein hazing is held in the home of the officers and members of the fraternity and sorority who
knowingly cooperated in carrying out the hazing although not present which hazing was committed shall
be liable as PRINCIPAL.
3. Officers, former officers and alumni of the organization, fraternity and sorority who actually planned
the hazing although not present which hazing was committed shall be liable as PRINCIPAL.
4. Officers and members of the fraternity and sorority who knowingly cooperated in carrying out the
hazing by inducing the victim to the present thereat shall be liable as PRINCIPAL.
5. Fraternity and sorority adviser who is present when acts of hazing were committed fails to prevent it
shall be liable as PRINCIPAL.
6. Presence of any person during the hazing is a prima facie evidence.
7. Any person charged under this Act shall not be entitled to Mitigating Circumstances there was no
intention to commit.

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