Effectiveness of Ra 8049 or Anti-Hazing Law

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Chapter 1
Introduction
The Anti-Hazing Law

Definition

Under the Anti-Hazing Law, hazing is defined 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 to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. 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 by 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 [are not] considered as hazing”. (Section 1)

Requirements
1.  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 7 days before the conduct of such initiation. The written notice shall indicate: 1) the period of the initiation activities which shall not exceed 3 days, shall include 2) the names of those to be subjected to such activities, and shall further contain 3) an undertaking that no physical violence be employed by anybody during such initiation rites.  (Section 2)  

2.  The head of the school or organization or their representatives must assign at least 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.  (Section 3)  

Liability for Hazing
Section 4 of the Anti-Hazing Law defines those criminally liable as principals and accomplices.

Criminal Liability
1.  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 more than 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 more than 30 days.   6)      The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence...
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