REPUBLIC ACT NO.

8049

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES,

SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR

Section 1. Hazing, as used in this Act, 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.

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 ny 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.

Sec. 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.

Sec. 3. The head of the school or organization or their representatives must assign at least two
(2) representatives of the school or organization, as the case may be, to be present during the
initiation. It is the duty of such representative to see to it that no physical harm of any kind shall
be inflicted upon a recruit, neophyte or applicant.

Sec. 4. 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. 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.

The responsible officials of the school or of the police, military or citizen's army training
organization, may impose the appropriate administrative sanctions on the person or the
persons charged under this provision even before their conviction. The maximum penalty
herein provided shall be imposed in any of the following instances:

(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.

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. 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 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.
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.

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.

This section 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.

Sec. 5. If any provision or part of this Act is declared invalid or unconstitutional, the other parts
or provisions thereof shall remain valid and effective.

Sec. 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the
provisions of this Act are hereby amended or repealed accordingly.

Sec. 7. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2)
national newspapers of general circulation.

What is hazing?

According to the Dean of Students at the University of Michigan, hazing is an action or

situations that may recklessly endanger the mental, physical and academic safety of a
student. Acts of hazing can be either intentionally or unintentionally done.

Some hazing acts may cause any of the following to an individual or group:

 Risk of injury
 Overall discomfort
 Embarrassment
 Harassment
 Degradation
 Humiliation
 Ridicule
 Destruction of property

Signs of hazing

The first step to preventing and stopping hazing acts from happening is being able to
reorganize the signs of hazing. Each type of hazing activity will have its own sign, but
all can be devastating to the one being hazed. Here are some of the most common
signs hazing activities are occurring:

 Cutting, branding, labeling or shaving specific body parts

 Greeting specific people in a certain manner
 Required to walk or hang out with a specific group
 Carrying certain items all the time
 Loss of voice
 Performing unusual tasks
 Participating in activities resulting in lack of sleep
 Staying away for days and weeks at a time
 Not being able to sit down from being paddled
 Always physically exhausted
 Feeling inferior and sad most of the time
 Not participating in normal activities or spending time with old friends
 Being left in a new location to find way back alone

Targets of hazing

According to the National Federation of State High School Associations, close to 1.5
million high school students have been targeted by hazing activities. Many of which
have reported their first incident of hazing before the age of 13.

Students who are commonly targeted by hazers, include those who younger, quieter
and already suffer from self-esteem issues. New students and freshman looking to fit in
are also target of hazing activities.

Some school groups, such as sports teams, choirs, bands and clubs conduct hazing
pranks as a way to initiate new members into the group. Because of these practices
and the passing of anti hazing laws, schools have become more vigilant on preventing
and stopping these practices occurring on campus, at school events and among
students.

Examples of hazing rituals

The type of hazing ritual used depends greatly upon the type of origination, its current
members, those being initiated in and the organization’s history. All acts of hazing are
meant to humiliate new initiates getting them to prove their loyalty by doing what is
asked.

The University of Vermont passed an anti hazing law back in 1999 due to an incident of
hazing for the schools hockey team. The team forced new players to drink warm bear
until they were so drunk they started vomiting. Then, the freshman players were forced
to perform the “Elephant Walk.” There are various ways this is completed, but all
involve men walking in a straight line, naked and performing some sort of sexually
humiliating act together.
Other examples of hazing rituals include:

 Boob ranking – where girls are forced to take off their tops and have their boobs
ranked by others in the organization
 Your choice – where initiates are to choose between taking an illegal substance
or conducting a sexual act in front of others in the organization
 Sharpie art – where rude and obscene items are drawn on the body using a
Sharpie marker
 Drinking until initiate passes out
 Pouring boiling water over various parts of the body
 Humiliation by feces and urine
 Drinking strange concoctions, such as ketchup and Tabasco sauce
 Public humiliation
 Sharpie arrows to point out issues with one’s body, such as pimples or fat
 Water overdose

Anti hazing laws

Many are banding together to prevent hazing activities from occurring at all levels of
academia, including high school and college. According to StopHazing.org, only 44 out
of the 50 states have anti hazing laws in place. Those six states without an anti hazing
law include Alaska, Hawaii, Montana, New Mexico, South Dakota and Wyoming.

Those states with laws prohibiting hazing have made it illegal for anyone, including high
school students, to perform any acts which may be considered hazing. In some states,
if caught and found guilty, the student could face jail time and be forced to pay a
penalty. Penalties and jail time depend greatly upon the hazing activity and amount of
harm caused to the target or targets.

Most schools and universities have anti hazing policies which may be punishable by a
variety of penalties at the school’s level. Penalties may include suspension from school
or being completely kicked out of the school and not being able to return.

Consequences of hazing

Of course you have the emotional, academic and physical damage caused to the person
being targeted by hazing. However, they are not the only ones who may face the
consequences of hazing.

According to Babson College the person doing the hazing may face the following
consequences:

 Legal actions, including criminal record, jail time and/or fines

 School disciplinary actions
 Sanctions against the organization
  Personal impact such as decline in grades, loss of connections and damage to
one’s reputation
 Civil lawsuits being filed against the hazer

Hazing statistics

Hazing is more about power and control than anything else. Those doing the hazing
have a need to feel powerful over others. This process can cause severe academic
issues and destroy a person’s self-esteem.

Below are some statistics from InsideHazing.com:

 More than 250,000 students are subjected to hazing rituals

 5 percent of all college students admit they were hazed
 40 percent of those who were hazed reported that a coach or advisor was aware
of the practice
 50 percent of female NCAA Division I athletes report being hazed
 More than 20 percent of female NCAA athletes are subjected to alcohol hazing
 6-9 percent of female NCAA athletes who reported being hazed state sexual
conduct as part of the hazing
 More than half of the hazing acts are posted on the Internet for others to see
 Students believe that hazing is part of campus culture
 36 percent of students would not report activities because of a “no tell” policy
within their organization
 27 percent feel that adults would not be able to handle a hazing situation
properly

Alternatives to hazing

Instead of participating in hazing related activities, there are a variety of different

activities schools and organizations can do. These activities still get new initiates to help
out, without the danger of physical and emotional damage and without the humiliation
factor.

According to the Indiana University of Pennsylvania, here are some alternate activities
organizations can implement:

 School-wide scavenger hunt

 Cleaning organization property with other members
 Facility improvement projects
 Community service requirements
 Mentoring
 Sports competitions
 Tests about the organization’s history
 Talent show with all members
 Gatherings and group activities