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ANTI-HAZING LAW
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 Republic Act 11053
“The fraternal contract should not be signed in
blood, celebrated with pain, marred by injuries, and
perpetrated through suffering.”
(Dungo v. People, GR 209464, July 1, 2015)
 The Anti-Hazing Act of 2018
RA No. 11053 does not totally supplant the
previous law against hazing, RA 8049, but merely
amends it. Thus, there are references in RA 11053
to the old law.

To a certain extent, cases decided under the old

law are still applicable.
 Hazing; definition
• any act that results in physical or psychological
suffering, harm, or injury inflicted on a recruit,
neophyte, applicant, or member as part of an
initiation rite or practice made as a prerequisite for
admission or a requirement for continuing
membership in a fraternity, sorority, or organization
including paddling, whipping, beating, branding,
forced calisthenics, exposure to the weather, forced
consumption of any food, liquor, beverage, drug or
other substance, or any other brutal treatment or
 Hazing; definition
• includes any activity that
tends to humiliate or
embarrass, degrade, abuse,
or endanger, by requiring a
recruit, neophyte,
applicant, or member to do
menial, silly, or foolish
tasks.
 Elements:
1. act that results in physical or psychological
suffering or tends to embarrass, degrade, abuse or
endanger the neophyte, member or applicant;
2. inflicted on a recruit, neophyte, applicant, or
member;
3. Inflicted as part of an initiation rite or practice;
4. made as a prerequisite for admission or a
requirement for continuing membership;
5. Involves a fraternity, sorority, or organization;
 Initiation or Initiation Rites
• refer to ceremonies,
practices, rituals, or other
• It is truly astonishing how
acts, whether formal or
men would wittingly — or
informal, that a person must
unwittingly — impose the
perform or take part in order
misery of hazing and employ
to be accepted into a
appalling rituals in the name
fraternity, sorority, or
of brotherhood. There must
organization as a full-fledged
be a better way to establish
member.
"kinship.“
• It includes ceremonies,
Villareal v. People, G.R. Nos.
practices, rituals, and other
151258, 154954, 155101,
 Organizations covered
• Organization refers to an organized body of people
which includes, but is not limited to, any club,
association, group, fraternity, and sorority.

• This term shall include the AFP, the PNP, the PMA,
the PNPA, and other similar uniformed service
learning institutions.

• It also includes the PMMA, an educational institution

 Can initiation rites still be held?
Yes, provided:
1. There is no hazing;
2. Sec. 4 on compliance with requirements are followed, to
wit:
(a) A written application made not later than 7 days prior;
(b) It shall indicate the place and date and the names of
the recruits and the manner of conducting the initiation rites;
(c) It shall contain an undertaking that no harm shall be
committed;
(d) The initiation rites shall not last more than 3 days;
(e) The application shall contain the names of the
 Can initiation rites still be held?
(f) It shall be under oath with a declaration that
it has been posted in the official school bulletin
board, the bulletin board of the office of the
fraternity, and 2 other conspicuous places in the
school or in the premises of the organization; and

(g) The application shall be posted from the time

of submission of the written notice to the school
 Registration of Fraternities, Sororities,
and Other Organizations
• All existing fraternities, sororities, and other
organizations not created or organized by the
school but has existing members who are students
or plans to recruit students to be its members shall
be required to register with the school authorities
before it conducts activities whether on or
off-campus.

• A newly established fraternity, sorority, or

 Registration of Fraternities, Sororities,
and Other Organizations

• Schools shall promulgate their guidelines in the

registration of fraternities, sororities, and
organizations within their jurisdiction not later
than 60 days from the approval of this Act.

• Organizations shall comply with the school

 Registration of Fraternities, Sororities,
and Other Organizations
• "Upon registration, all fraternities xxxx shall submit a
list of members, which shall be updated not later than
30 days from the start of every semester or trimester.
• "School officials shall have the authority to impose
disciplinary penalties in accordance with the school's
guidelines including suspension to the officers of the
organization who fail to register or update their roster.
• "Failure to comply with any of the requirements shall
result in the cancellation of the registration of the
 Monitoring of Initiation Rites
• The head of the school or authorized representative must
assign at least 2 representatives to be present during the
initiation.

• It is the duty of the school representatives to see to it that

no hazing is conducted and to document the
proceedings.

• Representatives shall make a report of the initiation rites

to school officials of the conduct of the
 Faculty Adviser
• Schools shall require all fraternities xxxx, as a
condition to the grant of accreditation or
registration, to submit the names of their faculty
advisers who must NOT be members of the
organization. It shall include a written
acceptance of the faculty advisers.
• "The faculty adviser shall be responsible for
monitoring the activities of the organization.
• "In case of violation of any of the provisions of
 Role of educational institutions
• “Discipline in education is specifically mandated by the
1987 Constitution which provides that all educational
institutions shall teach the rights and duties of
citizenship, strengthen ethical and spiritual values,
develop moral character and personal discipline.
Schools and school administrators have the authority
to maintain school discipline and the right to impose
appropriate and reasonable disciplinary measures. On
the other hand, students have the duty and the
responsibility to promote and maintain the peace and
 Criminal liability of school officials

• The failure by school authorities to take any

action to prevent the offenses as provided
by the law exposes them to criminal liability
as accomplices in the criminal acts.
(People v. Bayabos, et al, Feb 18, 2015)
 Effect of dismissal of case
of some accused
• Prosecution under this law can proceed against
accomplices even in the absence, acquittal or
quashal of the information against the principal
offender. The corresponding responsibilities of the
principal, accomplice and accessory are distinct
from each other. As long as the commission of the
offense can be established in evidence, the
determination of the liability of the accomplice or
accessory can proceed independently of that of
 Effect of dismissal of case
of some accused
• There were 10 accused in the hazing incident in UP. Of
the 10, 4 were acquitted. Thus, the petitioner contends
that conspiracy was not established, and that
therefore, he too should be acquitted.

• Conspiracy does not require that all persons charged in

the Information be found guilty. It only requires that
those who were found guilty had considered in
committing the crime. The acquittal of some of the
accused does not necessarily preclude the presence of
conspiracy. Here, the 4 were not sufficiently identified.
Mere allegation of “hazing” not sufficient
• As the Constitution recognizes the right of the
accused to be informed of the nature and cause of
the accusation against him, the information
charging the him must be sufficient; it must
contain the acts or omissions constituting the
offense charged; mere statement of “hazing” is not
sufficient, rather, all the elements of hazing must
be spelled out. The information need not be in the
 Registration of Community-Based Organizations
• "SEC. 9. — All new and existing community-based
fraternities, sororities, or organizations, including
their respective local chapters, shall register with
the barangay, municipality, or city wherein they
are primarily based.
• "Upon registration, all community-based
fraternities, sororities, or organizations, including
their respective local chapters, shall submit a
 Monitoring of Community-based Organizations
• The punong barangay or the mayor of the
municipality or city where the community-based
fraternity, sorority, or organization is based must
assign at least 2 officials to be present during the
initiation and to document the entire proceedings.
• Thereafter, said representatives shall make a report of
the initiation rites to the punong barangay, or the
mayor regarding the conduct of the
initiation:Provided, That if hazing is still committed
despite their presence, no liability shall attach to them
 Nullity of Waiver and Consent
• Any form of approval, consent, or agreement, whether
written or otherwise, or of an express waiver of the
right to object to the initiation rite or proceeding which
consists of hazing made by a recruit, neophyte, or
applicant prior to an initiation rite that involves
inflicting physical or psychological suffering, harm, or
injury, shall be void and without any binding effect on
the parties.

• "The defense that the recruit, neophyte, or applicant

 Administrative Sanctions
• The responsible officials of the school, the
uniformed learning institutions, the AFP or
the PNP may impose the appropriate
administrative sanctions, after due notice
and summary hearing, on the person or the
persons charged under this Act even before
their conviction."
 Penalties
• "(a) The penalty of reclusion perpetua and a fine
of P3,000,000.00 shall be imposed upon those
who actually planned or participated in
the hazing if, as a consequence of the hazing,
death, rape, sodomy, or mutilation results
therefrom;
 Penalties
(b) The penalty of reclusion perpetua and a fine of Two
million pesos shall be imposed upon:
(1) All persons who actually planned or participated in the
conduct of the hazing;
(2) All officers who are actually present during the hazing;
(3) The adviser who is present when the hazing was
committed and failed to take action to prevent the same from
occurring or failed to promptly report the same to the law
enforcement authorities if such adviser or advisers can do so
without peril to their person or their family;
 Penalties
• "(5) Officers or members of a fraternity who
knowingly cooperated in carrying out
the hazing by inducing the victim to be present
thereat; and
• "(6) Members of the fraternity who are present
during the hazing when they are intoxicated or
under the influence of alcohol or illegal drugs;
 Prima facie evidence
• Presence of officers and advisers are prima facie
evidence of participation in the hazing.

• The accused has the burden of rebutting and

overcoming the prima facie evidence.

• While mere presence at the crime scene does not in

itself amount to conspiracy, exceptionally in penal
laws which provide for disputable presumptions (such
as possession of stolen goods in fencing, etc.),
presence constitute a prima facie evidence against the
 Penalties
A fine of One million pesos shall be imposed on the
school if the fraternity filed a written application to
conduct an initiation which was subsequently approved
by the school and hazing occurred during the initiation
rites or when no representatives from the school were
present during the initiation : Provided, That
if hazing has been committed , it is incumbent upon
school officials to investigate motu proprio and take an
active role to ascertain factual events and identify
witnesses in order to determine the disciplinary
 Penalties
The school authorities including faculty members as
well as barangay, municipal, or city officials shall be
liable as accomplices and likewise be held
administratively accountable for hazing conducted
by fraternities xxxx and other organizations, if it
can be shown that the officials allowed or
consented to the conduct of hazing or where there
is actual knowledge of hazing, but such officials
failed to take any action to prevent the same from
 Penalties
The incumbent officers of the fraternity,
sorority, or organization concerned shall be
jointly liable with those members who actually
participated in the hazing.
 Praeter intentionem not mitigating
Any person charged under this Act shall not
be entitled to the mitigating circumstance that
there was no intention to commit so grave a
wrong.