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UNIVERSITY OF SAN CARLOS

SCHOOL OF LAW AND GOVERNANCE


COLLEGE OF LAW
CEBU CITY

OUTLAWING FALSE BROTHERHOOD


REVIEW OF RELATED LITERATURE

PURPOSE OF REVIEW
The purpose of this study is to determine the useful value of a sense of
brotherhood in fraternities, sororities and the like vis-a-vis the danger it has posed its
members in particular and to society in general.

SCOPE OF REVIEW
The study will focus on the crime of Illegal associations1 as to whether fraternities
and sororities may be classified in the same category as well as the following provisions
of the Revised Penal Code as possible consequences in joining a fraternity, sorority and
similar organizations, to wit:
1. Article 249. Homicide;
2. Article 263. Serious physical injuries;
3. Article 265. Less serious physical injuries;
4. Article 266. Slight physical injuries and maltreatment;
5. Article 266-A. Rape;
6. Article 286. Grave coercions
7. Article 336. Acts of lasciviousness.2
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The Revised Penal Code. Book Two. Article 147. Illegal Associations.
The Revised Penal Code. Book Two.

Moreover, a study on the Anti-Hazing Law3 will be conducted to determine


whether or not said law is sufficient to eradicate hazing in fraternities.

Finally, a look into the Right of Association4 provision of the Bill of Rights to
know whether outlawing fraternities, sororities and similar organizations will infringe
said right embodied in our Constitution.

LIMITATIONS OF REVIEW
This study is limited to determining through law provisions and available research
data the need to consider fraternities, sororities and similar organizations as illegal
associations to curb hazing which is especially rampant in schools.
The research will not go to the extent of interviewing individual members of
fraternities, sororities and similar organizations.

LITERATURE REVIEW
There is a pressing need to classify fraternities, sororities and similar
organizations as illegal associations because of the undeniable fact that they would
always involve hazing.
Hazing 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.5
The act of hazing, which is penalized under a special law, involves acts which are
likewise penalized under the Revised Penal Code such as slight, less serious and serious
physical injuries. In extreme cases where there is death of the victim, homicide.
Grave coercion is also a possible consequence of joining fraternities since a
neophyte may be forced to do something during the initiation rites against his will,
whether it be right or wrong.

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Republic Act No. 8049 AN ACT REGULATING HAZING AND OTHER FORMS OF INITIAION RITES IN
FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR
4
1987 Philippine Constitution. Section 8, Article III.
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RA 8049. Section 1

In the case of women, there is a danger that they will be touched in different parts
of their bodies by perpetrators who have lewd designs. The possibility of engaging in
sexual congress with fraternity leaders as a form of hazing cannot also be brushed aside.
These are but a few examples of the evils that we sought to avoid by the
criminalization of fraternities and sororities as illegal associations.
The Anti-Hazing Law has not been effective in preventing hazing. As a matter of
fact, said law instead of discouraging hazing, actually encourages the same.
Section 2 of the above-mentioned law provides that No hazing or initation 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 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. 6
A deeper study into Section 2 of RA 8049 would reveal that the reputed AntiHazing Law is actually a Pro-Hazing Law as in fact it allows initiation rites that is in
reality hazing.

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RA 8049. Section 2

CONCLUSION
Under the Classical Theory of Criminal Law, man is essentially a moral creature
with an absolutely free will to choose between good and evil.@
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Time and time again, man has proven himself to be more inclined to do evil than
good. Fraternities and sororities have without fail, continually used hazing as a prerequisite of membership in the so-called brotherhood.
Hazing being a crime which involve criminal acts punishable under the Revised
Penal Code, it is about time to consider these organizations as one organized for the
purpose of committing a crime.
Once false brotherhood is taken away, what is left is true brotherhood as there can
still be brotherhood even without placing the neophytes to humiliating situations or
subjecting them to physical or psychological suffering.
Reyes, Luis. The Revised Penal Code. Criminal Law. Book One. 2008. Page 23.
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The Revised Penal Code. Book Two. Article 147. Illegal Associations.

RECOMMENDATIONS
Since Philippine laws adopt the prospective application of Criminal Laws such
that a penal law cannot make an act punishable in a manner in which it was not
punishable when committed@, it is respectfully recommended that the penalty of the law
be applied to new organizations which would involve hazing and thus would tantamount
to fraternities or sororities.
As to existing fraternities and sororities, they may continue their organization but
should no longer call themselves a fraternity or sorority. Expectedly, no more initiation
rites will be allowed as a pre-requisite for membership in the organization.
Reyes, Luis. The Revised Penal Code. Criminal Law. Book One. 2008. Page 14.