IN THE NAME OF BROTHERHOOD:

SHOULD HAZING AS A REQUIREMENT FOR ADMISSION

IN FRATERNITIES BE REGULATED OR BANNED BY LAW?

A research paper on FRATERNITY-RELATED violence and HAZING in the Philippines

in the modern times

Prepared by:
Group 1 of
Legal Research Class under Atty. Leslie Taruc - Orencia
October, 2012

Editors / Contributors:

Ronald Budomo
Luis Carmelo Caparas
Wrancudo Felix
Alvin Fernandez

Surveyors / Contributors:

Neriza Balmores
Benny Ramos
Bea Trisha Villa

Reporters / Contributors:

Jefferson Dungca
Jenina Gabriel
Perfecto Solis Jr
IN THE NAME OF BROTHERHOOD:
SHOULD HAZING AS A REQUIREMENT FOR ADMISSION
IN FRATERNITIES BE REGULATED OR BANNED BY LAW?
 CONTENTS

I. Introduction
II. An Overview on The Concept of Hazing and Fraternities

History of Hazing and Fraternities in the Philippines

Fraternity defined
Fraternity Violence

III. Fraternity Hazing Deaths: The Chilling Statistics

Sensational Cases

IV. The Revised Penal Code of the Philippines and RA 8049

Does the Law Offer Real Protection?

RA 8049: The Anti-Hazing Law
V. Under RA 8049, Is Hazing Regulated or Banned?
VI. Findings

The Perception of the General Public on Fraternities

University Survey
Community Survey

VII. Recommendation

Conclusion

VIII. References
I. INTRODUCTION
In the name of Brotherhood.

Why the title? Obviously, this is how we as a group would like to depict the sad and
distressing events of neophyte deaths in fraternities and how the State through its laws and
statutes react to put a stop if not prevent such.

Had there not been a Tarlaqueno who made national headlines recently albeit on a rather
saddening fashion in the name of Marc Andrei Marcos, the locals of this quiet and peaceful
province in Central Luzon would not have come to terms with the reality of fraternities and
what fraternity hazing is REALLY all about.

In the aftermath of the hazing death of Marc Andrei Marcos, the people through the mass
media elicited a cacophony of opinions on the matter. Some suggested the knee jerk
reaction of a total ban of fraternities in schools and universities while some are of the
opinion that there should be a more thorough review of existing laws and statutes on
fraternity hazing.

As students of law and hopefully future members of the legal profession, we have come to a
collective conclusion (which we intend to reveal at the end of this paper) that, as far as we
know, is also reflective of the opinion of the average Juan Dela Cruz in these modern times.

This legal research/study underwent the process of finding laws, rules and regulations that
govern the conduct of fraternities. It involved locating both the laws and rules which are
enforced by the State and the commentaries which explain or analyze these rules.

As any legal research/study for that matter, this paper would also be an investigative tool
for information necessary to support legal decision making in the light of the rise of
fraternity hazing deaths.

Its (the paper’s) primary point is to answer the question: Should hazing as a requirement
for admission in fraternities be regulated or banned by law?
 II. An Overview on the Concept of Fraternities
and Hazing in the Philippines
A study made in 2002 by a group of Asian scholars on violence in Philippine Universities and
campuses estimates that there is at least one fraternity member for every ten male
students1. This is a staggering figure because not only does this mean that joining
fraternities is a popular activity done by college students but more importantly, it creates
the impression that the society in general tolerates college students joining fraternities.

A Fraternity is defined generally in the Webster-Meriam dictionary as a group of people a

group of people associated or formally organized for a common purpose, interest, or
pleasure.

For college students, it is a brotherhood, as they usually refer to it; a group of people inside
the campus formally organized for a common purpose, interest, or pleasure. For members,
fraternities are associated with the words brotherhood, unity, friendship, trust and
acceptance. The experience of becoming a member of a fraternity also means to them,
meeting new people, sharing interests and accepting others as well. Becoming a member
helps in building confidence and character because they believe that a fraternity gives a
certain kind of protection. Moreover, it gives them a certain feeling of security and
importance while pursuing their college education.

HISTORY OF HAZING AND FRATERNITIES IN THE PHILIPPINES2

Fraternities in general

In the Philippines, Spaniards and other colonizers established several Philosophical and
Fraternal Societies in our country as early as the 1850's but these chapters only admitted
Spaniards or their own race and did not welcome the natives (Filipinos). According to the
book, History and Geography of the Philippine Islands, fraternities played an important part
in letting the Filipinos realize the injustice practiced upon them by the colonizers. The book
mentioned that the Fraternity of Odd Fellows spread in the Philippines in 1872. The

1
C. Suksai, “WHOSE SECURITY COUNTS?”, December, 2003, page 13

2
[Link]
Freemason fraternity followed in 1877 brought by the Americans. The lodges (chapters) are
also established mostly by military men assigned in Manila. Most members were basically
American Military men and their allies who helped fought the Spanish-American war. The
fraternity established their lodges (chapters) and held their meetings in naval and military
camps.

The first brotherhood to be founded by Filipinos is the Katipunan, short for Kataastaasang
Kagalangalangang Katipunan ng mga Anak ng Bayan (Supreme and Venerable Society of the
Sons of the People), which was founded by anti-Spanish Filipinos in Manila in 1892. The
primary aim of the fraternity was to gain independence from Spain through revolution. As
many of us know, the brotherhood already disbanded.

In 1899, the ties between Filipino and Americans were disrupted and the Filipino-American
war emerged. When this war ended in 1902, fraternities stared to rise again. Odd Fellows,
Freemasons and even the Elks established lodges in Manila area.

School-based Fraternities:

Later, college fraternities began to form especially when American Education (philosophy)
reached our shores. State Universities were the first to enjoy Fraternity Life, particularly in
the University of the Philippines, when the first College Fraternity Rizal Center, a
brotherhood of Jose Rizal followers and who viewed the hero in iconic fashion, was founded
(This fraternity is already defunct). The first Filipino Greek Letter Fraternity, Upsilon Sigma
Phi, was founded in 1918. This fraternity is now considered the oldest in Asia and continues
to exist up until today but membership is exclusive only to UP Dilliman and UP Los Banos
students. The oldest sorority in the Philippines is the UP Sigma Beta Sorority founded on
February 14, 1932. Membership is exclusive only to UP Dilliman, UP Los Banos, UP Iloilo
and UP Davao students.

The progress of fraternities was again interrupted when Japan occupied the Philippines in
1941. When the Filipino-American-Japanese war ended in 1944, Philippine fraternities
started to rise up again and many Filipinos started setting up their own fraternities and
sororities.

The peak of fraternalism in the Philippines was probably in the 1950's to 1990's when many
fraternities where founded. Several American fraternities were also imported to the country
 such as the Alpha Phi Omega, Alpha Sigma Phi. Also, some locally founded fraternities made
allies with some fraternities in the United States.

A person usually joins a fraternity to be recognized and be a part of something. The idea of
having a "buddy" gives a feeling of confidence and security. In the Philippines, most of those
who join fraternities are middle class students seeking protection. Others are students who
come from the provinces and seek out fraternities that group them among ethnic or
regional lines. Some (like in universities) join as to be part of an "elite" group of a particular
department, division, and/or course of study.

Initiation into a fraternity3

Before one can join a certain fraternity, he must undergo a series of tasks approved by that
certain group. These tasks test one's integrity and endurance to prove his determination to
be a member. The process is called INITIATION. Usually these initiations are physical and
mental practices. In the Philippines, initiation is frequently violent and mentally degrading.
Some also say it includes some erotic element.

Because of the certain degree of violence involved in initiation rites, the process soon
became synonymous with HAZING.

WHAT IS HAZING?

Hazing means infliction of unnecessary or excessive work in order to harass, an attempt to

embarrass or disconcert by ridicule or persistent criticism, or the subjecting (of a freshman
or fraternity pledge) to treatment intended to put in ridiculous or disconcerting position.
Just its meaning already gives a negative connotation on the procedure of initiation of a
fraternity. However, members who give this ritual to a neophyte defends that it is through
hazing where one can prove one's endurance and thus achieves loyalty to the group.

Some common forms of Hazing

 Paddling - sometimes over a lap, a knee, but mostly at the back of the thigh or on
the bare buttock;
 Slapping - slapping of the face;

 Tedious Cleaning - cleaning of toilet bowl, etc.;

3
[Link]
  Weird Clothing - an incoming member will be asked to wear a very funny or weird
costume that would impose a negative effect on the wearer;

 Food - a combination of food mixed and in absurd container;

 Servitude - waiting on others (as at frat parties) or various other forms of

housework, often with pointless tests of obedience.

FRATERNITY-RELATED VIOLENCE

According to a 2002 study on Fraternity violence by writer, Raymund Narag 4, (Armed)

Violence can be:

 (i) intra-fraternity - including hazing and initiation;

 (ii) inter-fraternity - such as conflicts between fraternities; and

 (iii) between fraternity members and non-fraternity members.

Mr. Narag’s research went on to reveal a number of causes of fraternity violence. Fraternity
members, in their violent nature carry with them instruments of war (guns, daggers, etc)
even to school, mainly to protect themselves from their so called “enemies”. Weapons
brought can be used to threaten enemies, and as a confidence building measure 5 .

More excerpts in the same paper: When asked why they fight, respondents listed, ranked
and prioritized their reasons. These included: “bonding” (as part of fraternity initiation);
‘babae-agawan’ (the defense of women who are accosted); ‘titigan/ angasawa’ (the
exchange of harsh stare) ‘alak’; (consumption of alcohol); a history or unsettled score
(which is mythologized by fraternities); recreation; ‘dugasan’ (theft); and election-related
violence (poster destroying and vandalism)6. But It seems that the most common reason or
motive for such rumbles were harsh stare and consumption of alcohol.

4
C. Suksai, “WHOSE SECURITY COUNTS?”, December, 2003, page 14

5
C. Suksai, “WHOSE SECURITY COUNTS?”, December 2003, page 15

6
Ibid, page 16
 Also revealed were a wide ranging assortment of weapons used in fraternity violence. Types
of weapons ranged from baseball bats and switchblade knives to grenades, ‘pillboxes’
(improvised explosives - originating from anti-Marcos activists), belts, knives and ice picks.
Though less commonly used, handguns were also widely available, with the most popular
models including the Senorita (.22), the Sumpac (.38, .45) and the Colt (.357) 7.

Violence resulting from riots involving fraternity members is common. But so is hazing.

In an article by a Filipino, Mr. Raymund Narag entitled The Brotherhood", he said that "the
fraternity system has become a big black hole that sucks these young promising men to
their graves. The fraternity as an institution, despite its noble and lofty ideals, has
degenerated into becoming a barbaric gang. Internally, its organizational structure has
become so hierarchically feudal, with the head becoming the law and the members losing
their individuality. Externally, it has imbibed the culture of the tribesmen and treats other
tribes as an unforgivable "enemy"8.

More excerpts: "The seeds of violence are sown into the heart of a frat man the moment he
enters the fraternity. The rites of passage required before an applicant can be considered a
"brother" is a ritual replete with physical and psychological violence. By testing the mettle
through pain and humiliation, the new members are inducted to become blood brothers.

"The physical violence impinged on frat member during initiations becomes the rational for
the acceptability of the other forms of violence. The members accept the violence as a
normal practice. "

Narag also discussed the Code of Silence among frat members that makes difficult making
accountable those responsible for the death of these young men due to hazing.

"The fraternities anchor their strength on secrecy. Like the Sicilian code of Overtax,
fraternity members are bound to keep the secrets from the non-members. They have codes
and symbols the frat members alone can understand. They have a different set of
communicating, like inverting the spelling of words, so that ordinary conversations cannot
be decoded by non-members.

7
Ibid

8
R. Narag, “Inside the brotherhood: Thoughts on Fraternity Violence”, December 2009, page 1
 "The code of silence reinforces the feeling of elitism. The fraternities are worlds of their
own. They are sovereign in their existence. They have their own myths, conceptualization of
themselves and worldviews. Save perhaps to their alumni association, they do not recognize
any authority aside from the head of the fraternity9. "

But despite such culture of violence against rival fraternities and the brutal and violent
hazing or initiation rites, many young men are captivated in joining fraternities, sometimes
at the cost of serious physical injuries or even death to themselves.

9
R. Narag, “Inside the brotherhood: Thoughts on Fraternity Violence”, December 2009, page 2
 III. FRATERNITY HAZING DEATHS: THE CHILLING
STATISTICS

Among the countless victims of brutal and senseless deaths by fraternity hazing in colleges
and universities in our country are as follows10:

Gonzalo Mariano Albert of Upsilon Sigma Phi in 1954

Ferdinand Tabtab of Alpha Phi Omega in 1967
Mel Honasan of Beta Sigma in 1976
Arbel Liwag of Beta Sigma in 1984
Lenny Villa of Aquila Legis in 1991
Joselito Hernandez of Scintilla Juris in 1992
Mark Roland Martin of Epsilon Chi in 1995
Alexander Miguel Icasiano of Alpha Phi Beta in 1998
Niño Calinao of Alpha Sigma Rho fraternity, 1999;
Edward Domingo -
Rafael Albano III –
Marlon Villanueva of Alpha Phi Omega in 2006
Cris Anthony Mendez of Sigma Rho in 2007
Jan Angelo Dollete of Alpha Phi Omega in 2007
Chester Paulo Abracias of Tau Gamma Phi in 2008
John Daniel L. Samparada of Tau Gamma Phi in 2009
Elvis Sinaluan of Scout Royal Brotherhood in 2009
Noel Borja of Tau Gamma Phi in 2010
EJ Karl Intia of Alpha Phi Omega in 2010
Daniel Lorenz Jacinto in 2010
Ronel de Guzman of Tau Gamma Phi in 2011
Nor Silongan of Tau Gamma Phi in 2011
Marvin Reglos, Feb, 2012
Marc Andrei Marcos, Aug.2 , 2012 San Beda College

10
[Link]
These victims only represent a small number of cases of fraternity hazing related deaths
occurring in recent times. There are still many other unreported incidents resulting to either
serious physical injuries or even death, with many incidents involving out-of-school youth in
communities. Among the many who lost their lives due to fraternity hazing, the above cited
twenty four young men who at their prime died in the name of brotherhood, all have yet to
attain justice for their deaths.

To put the aforesaid concern in the proper perspective, it is necessary to review and to be
guided by the proceeding guideposts.

IV. The Revised Penal Code of the Philippines and

RA 8049

Does the law offer REAL protection?

There is no question that those responsible for the crime of hazing deaths should be punished
and the focus should be the prevention of such deaths through the enactment of laws if there is
no law yet to serve the purpose or its amendment in case it lacks the proper penal punishment
to deter infractions of the statute.

The Revised Penal Code is based on the principles of the old or classical school where “the basis
of criminal liability is human free will and the purpose of the penalty is retribution.” As
patterned in the classical theory, “man is essentially a moral creature with an absolute free will
to choose between good and evil, thereby placing more stress upon the effect or result of the
felonious act than upon the man, the criminal himself.” 11

Luis B. Reyes, RPC Book 1, 17th edition, 2008

11
In 1995, Congress passed into law RA 8049 or the Anti Hazing Law 12, in the light of the death of
Leni Villa, a law student from Ateneo de Manila University, who similarly died of hazing at the
hands of the Aquila Legis Juris fraternity he wishes to join. It is a confirmation of the classical
theory of Criminal Law, that the measure (RA 8049) has endeavored to establish a direct
proportion between the crime and the penalty. RA 8049 or the Anti-Hazing Law imposes the
maximum penalty of reclusion perpetua if death results from the hazing or initiation rites.

Recently, after twenty one years after his death, the Supreme Court has affirmed the conviction
of five Aquila Legis Juris fraternity members. A total of 35 fraternity members initially included
in the charge sheet and an initial batch of 26 were found guilty of the crime of homicide in
November 1993 by Caloocan Judge Adoracion Angeles. Nineteen of the suspects were later
acquitted on appeal by the Court of Appeals and this was also affirmed by the Supreme Court 13.

However, the Leni Villa case was not tried under RA 8049, since the law was passed after the
death of Leni Villa, wherein it aggravates the crime or makes it greater than it was, when
committed. Applying RA 8049 to the Villa case would make it an ex post facto law, hence, the
provisions of the Revised Penal Code were applied. The accused were convicted for reckless
imprudence resulting to homicide for the principals and slight physical injuries for the
accessories.

Senator Gregorio B. Honasan who is also a fraternity member and likewise lost his brother Mel
B. Honasan in a fraternity hazing in 1976 compares fraternities as a microcosm of Philippine
society. "I think on the whole, if you consider fraternities as institutions with historically
described traditions, then I guess fraternities are also a consequence or a mirror of the
government and the society it serves, just like everything else. So if there is abuse and people
die, it means people continue to die in our so-called democratic society. The idea is by
balancing interests, we promote peace, unity and prosperity. Anything that detracts from that

12
[Link]

13
Jerome Aning, Philippine Daily Inquirer, Feb 2012
must be condemned either through the operation of the law, or by a condemnation by society
itself," Honassan says.14

There is a perception that the purpose of the law is to promote justice. According to Bastiat,
the purpose of law is to prevent injustice. Law is a negative concept and not a positive concept.
Law is there to prevent harm, not to encourage or mandate good. Here is an excerpt from his
book, The Law, that explains this assertion:

Law Is a Negative Concept

The harmlessness of the mission performed by law and lawful defense is self-
evident; the usefulness is obvious; and the legitimacy cannot be disputed.

As a friend of mine once remarked, this negative concept of law is so true that the
statement, the purpose of the law is to cause justice to reign, is not a rigorously
accurate statement. It ought to be stated that the purpose of the law is to prevent
injustice from reigning. In fact, it is injustice, instead of justice, that has an
existence of its own. Justice is achieved only when injustice is absent.15

But, has RA 8049 or the Anti Hazing Law prevented the injustice of fraternity hazing
deaths several years after its enactment?

A closer look into RA 8049 is needed to ascertain what is lacking in the law.

RA 8049: The Anti-Hazing Law16

14
[Link]
15
[Link]

16
ibid
Republic Act No. 8049 or An Act Regulating Hazing and Other Forms of Initiation Rites in
Fraternities, Sororities, and Other Organizations and Providing Penalties Therefor was enacted
in 1995 because of the much publicized death of Leni Villa, then a student of the Ateneo de
Manila University School of Law. It is composed of seven sections, covering the definition of
hazing, policy implementation, penal provisions, separability, amendment and effectivity
clauses.

The law defined hazing, describing it 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 or her
to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him or her to
physical or psychological suffering or injury.”

Section 2 defines the policy implementation with regards to the obligations of organizations to
seek prior written notice to the school authorities or head of organization before the conduct of
such initiation or hazing activity. The written notice shall indicate the period of initiation
activities and shall include the names of those subjected to such activities and shall further
contain an undertaking that no physical violence be employed by anybody during such
initiation rites. (underscoring ours)

On the other hand, Section 3 stipulates the duties of the head of schools or organization that
they must assign at least two (2) representatives of the school or organization, as the case
maybe, to be present during the initiation and ensure that no physical harm of any kind shall be
inflicted upon a recruit, neophyte or applicant.

Section 4 enumerates the penalties and persons criminally liable for violation of said law.

Section 5, 6 and 7 are the separability, amendment and effectivity clauses.

However, seventeen years after its enactment, there are sixteen reported cases of fraternity
hazing deaths or an average of almost one death per year. What then is the reason why hazing
continues as a practice in some fraternities and the apparent lack of any prosecuted violator
since the law’s passage?
V. Under RA 8049 Is Hazing Regulated or Banned?

If construed from the standpoint of RA 8049, the aspect where hazing would be subjecting a
recruit, neophyte or applicant to physical suffering or injury is banned while other forms of
hazing or initiation is regulated.

Based on the provisions of the law, the definition of hazing is in a broad and encompassing
manner which includes physical suffering or injury. While the law states that no hazing or
initiation rites in any form or manner by a fraternity shall be allowed without prior written
notice to the school authorities before the conduct of such initiation and the presence of
school authorities during the initiation or hazing rites, it does not explicitly ban hazing.
However, succeeding provisions also state that no physical violence be employed by anybody
during such initiation rites.

From these, we could deduce from the title alone, The Anti-Hazing Law is a regulatory
measure where a component of its regulatory powers is the outlawing of violent forms of
hazing or initiation rites.

VI. Findings
In our understanding, such inconsistency in our law, is a loophole which provides violent
hazing activities to continue and constitutes a gray area whether this form of hazing is banned.

On the other provisions, the policy implementation provides an ample safety net which
provides supervision of hazing and initiation activities by school authorities. Moreover, the
penal provisions assign stiff penalties for violations ranging from prision correctional in its
maximum period up to the penalty of reclusion perpetua especially if death results from the
initiation or hazing rites.

Hazing in the Philippines has become a societal menace, a disease that seems to have no cure.
The Government has been bragging about its accomplishment in crime prevention, but has not
given due attention to the rising cases of death caused by hazing. We should not forget that
hazing is a crime that needs to be stopped. People who promote and perform this brutal
activity should take responsibility for their actions.

In a recent Philippine Daily Inquirer column by Ma. Ceres Doyo, she stated that violent hazing
activities continue as a practice in some fraternities because fraternity neophytes are not
forced to join. While it is true that in some law fraternities where hazing deaths figured, they
persuaded recruits to join because of the promises of brotherhood links “that goes beyond
university and into their legal and political careers, even allegedly influencing their decisions—
right or wrong.”17

Moreover, she also acknowledged the fact that among violent fraternity hazing survivors, had
anyone came forward to say it was all wrong and then severed ties with the so-called
brotherhood?”18 It can be inferred that as long as the neophyte survives the violent initiation
rites without any permanent injury or death to himself, there is no need to press charges
against the fraternity or to his fraternity brods because in the first place, he has consented to
undergo initiation.

17
[Link]

18
ibid
This is the sad fact, because, what we are all concerned about is not the violent hazing practice
per se but the unacceptable result of fraternity hazing related permanent injuries or deaths.
The purpose of the law is retribution for these.

It is also noteworthy to note that the Department of Education has banned fraternities and
sororities in primary and secondary schools since 1991. Moreover, some tertiary schools simply
banned fraternities and sororities just like the case of San Beda College19.

This measure of banning fraternities and sororities from schools would only push these
organizations to operate underground and far away from the eyes of the school authorities
making regulation and identification of those responsible for such violent hazing activities
accountable.

The Perception of the General Public on Fraternities

A graphical representation has been prepared, based on gathered data from our survey* to
further understand the perception of the general public to the pros and cons of a Fraternity.

A. University survey

19
[Link]

*quantitative and qualitative analysis and actual survey conducted Oct, 2012
Figure 1. Influences of students who joined fraternities

Influences in Joining f (frequency)

Friends 4
Family members/relatives 5
Own decision 9

Influences for Joining

Figure 2. Most prevalent reasons why students joined the fraternities

Reasons for Joining Rate of response

 Leadership development 9
Meeting new friends 8
Helping one another 7
Lifelong brotherhood 7
Moral value development 6
It looks good ("astig") 5
Academic excellence 5
Connections 5
Belief in the same principles 3
Employment opportunities 3
Others (service, etc.) 2

Figure 3. Students’ preference regarding hazing activities

Students' stand on hazing Percent (%)

Regulation 27.18
Total Eradication 72.82
Figure 4. Students’ reasons why hazing should be eradicated

Reasons for eradicating hazing Response

Not important 2
Increase in death incidents 40
Not good for the health 2
To avoid pain 10
Not basis of brotherhood 13
Dangerous 3
There are many other ways to prove
loyalty 3
To encourage others who want to join 1

Figure 5. Reasons why students prefer regulation of hazing activities as compared to its total eradication

Why regulate only Responses

 Tradition 7
Responsible initiation is safe 2
To get even (para makabawi) 1

B. Community Survey

Figure 6. Influences of the community (out-of-school) youth for joining fraternities

Influences in Joining Responses

 Friends 50
Family
members/relatives 31

Figure 7. Most prevalent reasons why the youth joined the fraternities

Rate of
Reasons for joining Response
It looks cool ("astig") 30
 Connections 28
Lifelong brotherhood 24

Figure 8. Reasons why members prefer regulation compared to total eradication of hazing activities

Why regulate only Responses

Tradition 50
Responsible initiation is safe 22

VII. Recommendations
The group puts forward the stand that hazing as a requirement for admission in fraternities be
regulated but violent initiation activities which inflict physical harm or injury should be
banned. As earlier stated, the Anti-Hazing Law provides ample safety nets to avoid fraternity
hazing related deaths. It only needs a separate section particularly or specifically stating the ban
of violent hazing activities which include subjecting the neophyte to physical injury since this is
the main cause of numerous fraternity hazing fatalities. This could be included in a future
amendment to the law.

The group also takes cognizance of the Supreme Court decision written by then Associate
Justice now Chief Justice Ma. Lourdes Sereno in the Leni Villa case wherein the Supreme Court
recommended that Congress amend the Anti-Hazing Law for possible consideration of the
amendment to include the fact of intoxication and the presence of non-resident alumni
fraternity members during hazing as an aggravating circumstances that would increase the
applicable penalties. 20

Likewise, Senator Loren Legarda proposes to include community fraternities and sororities and
the hazing activities perpetrated by military and police training institutions in the mandate of
RA 8049.

The DEpEd policy for schools to simply ban fraternities and sororities and other student
organizations for fear of legal accountability upon violations of RA 8049 should be revoked.
Instead, upon amendment of the law by Congress, an Implementing Rules and Regulation
regarding the strict implementation of its provisions should include the DepEd, CHED, and the
DILG (for community fraternities and sororities) as part of the implementers.

There is a need to for Congress to revisit RA 8049, and address issues that have made its full
implementation difficult.

20
Jerome Aning, Phil. Daily Inquirer, Feb 2012
To monitor the proper implementation of the Anti-Hazing Law in coordination with the
executive departments, a provision for the creation of a Congressional Oversight Committee
should also be included.

A PROPOSED law imposing “life sentence” against officials and members of fraternities involved
in hazing rituals, but exempting police and military officials and personnel who might be
engaged in similar acts as part of their standard operating procedure during trainings has been
filed at the House of Representatives.

Bagong Henerasyon party-list Rep. Bernadette Herrera-Dy filed House Bill No. 6084 which
declares hazing as criminal offense.

However, exempted from the coverage of the bill are 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 Force of the Philippines
and the Philippine National Police. 21

An urgent review is needed after another fraternity member, 25-year-old Marvin Reglos, died
during an alleged fraternity hazing of Lambda Rho Beta group of the San Beda College of Law,
she said.

According to De Lima, Republic Act No. 8049, the Anti-Hazing Act, should be given more teeth
by Congress as effective deterrent to killings during initiation rites. “It’s very unfortunate. Have
we not learned our lessons from those past tragedies? There is a need to take a second look at
the regulation on these fraternities,” she stressed. (Source: Manila Bulletin February 24, 2012)

In another statement, Senate President Juan Ponce-Enrile re-iterated that, “We will look into
the revision of this law. We will impose stricter adherence to certain steps to be taken before
any hazing is done,” he said.

Enrile, a former president of the Philippine Constitution Association (Philconsa), said he is not
against the creation of fraternities or the right to be a member of an association that is a

21
Journal On-line, June 21, 2012
constitutional right but there is a limit to these things. The rights of others in the case of
(Marvin) Reglos and (Mark Andrei) Marcos were circumscribed because their lives had been
forfeited at the hands of fraternity members, he added.

Enrile recalled that when he joined the UP fraternity, members made him to kneel at the Ideal
Theater on Rizal Avenue in Sta. Cruz, Manila to beg for alms, ordered to eat a cigarette, and was
made to drink something whose contents he did not know. “But there was no physical contact.
There was a supervisor, a senior member of the fraternity to supervise the hazing to prevent
any injuries to the people being hazed,” he added. 22

Conclusion
Based on all the foregoing, may we conclude that the test of competing thoughts on this issue
is a salutary endeavor, that is worth pursuing, not only in the interest of the constitutionally
mandated right to be a member of an association, but also in our ardent and continuing

22
Manila Bulletin August 15, 2012
defense of the right to life through the protection of the “bright but gullible” young people
from the brutal and violent initiation rites of fraternities which could send them to their deaths
or to suffer permanent injuries.

Moreover, each and every one of us must also not forget and should remain steadfast no
matter what may be the tides of time, to pursue justice for the countless young men who
walked willingly into the valley of death, all in the name of brotherhood.

VIII. References
Published Researches:
 C. Suksai, (2003) “Whose Security Counts?”, Research on Fraternity-related
Violence

Narag, R. (2009) “Inside the brotherhood: Thoughts on Fraternity Violence”,

Published Textbook

Luis B. Reyes, RPC Book 1, 17th edition, 2008

Published newpaper articles

Aning, J. (2012) Philippine Daily Inquirer

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Journal On-line, June 21, 2012

Manila Bulletin August 15, 2012

RA 8049 Full text

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Sourced from the Internet

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