REPUBLIC ACT No. 8049 as amended by REPUBLIC ACT No.

11053

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

SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR

Section 1. Short Title. - This Act shall be known as the "Anti-Hazing Act of 2018”.

Section 2. Definition of Terms. - As used in this Act:

"(a) Hazing refers to 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, but not limited to 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 forced physical activity which is likely to adversely affect the physical
and psychological health of such recruit, neophyte, applicant, or member. This shall also include any
activity, intentionally made or otherwise, by one person alone or acting with others, 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.

"(b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, weather formal or
informal, that a person must perform or take part in order to be accepted into fraternity, sorority,
organization as a full-fledged member. It includes ceremonies practices , rituals, and other acts in all
stages of membership in a fraternity, sorority, or organization.

"(c) Organization refers to an organized body of people which includes, but it is not limited to, any
club, association, group, fraternity, and sorority. This term shall include the Armed Forces of the
Philippines (AFP), the Philippine National Police (PNP), the Philippine Miltary Academy (PMA), the
Philippine National Police Academy (PNPA), and other similar uniformed service learning
institutions.

"(d) Schools refer to colleges, universities, and other educational institutions.

Sec. 3. Prohibition on Hazing. - All forms of hazing shall be prohibited in fraternities, sororities, and
organizations in schools, including citizens' military training and citizens' army training. This
prohibition shall likewise apply to all other fraternities, sororities, and organizations that are not
school-based, such as community-based and other similar fraternities, sororities and
organizations: Provide, That the physical, mental, and practices to determine and enhance the
physical, mental, and psychological fitness of prospective regular members of the AFP and the PNP
as approved by the Secretary of National Defense and National Police Commission, duly
recommended by the Chief of Staff of the AFP and Director General of the PNP, shall not be
considered as hazing purposes of this Act: Provided, further, That the exemption provided herein
shall likewise apply to similar procedures and practices approved by the respective heads of other
uniformed learning institutions as to their prospective members, nor shall this provision apply to any
customary athletic events or other similar contests or competitions or any activity or conduct that
furthers a legal and legitimate objective, subject to prior submission of a medical clearance or
certificate.

In no case shall hazing be made a requirement for employment in any business or corporation.
Sec. 4. Regulation of School-Based Initiation Rites. Only initiation rites or practices that do not
constitute hazing shall be allowed: Provided, That:

(a) A written application to conduct initiation rites shall be made to the proper authorities of the
school not later than seven (7) days prior to scheduled initiation date;

(b) The written application shall indicate the place and date of the initiation rites and the names of
the recruits, neophytes, or applicants to be initiated and the manner by which they will conduct the
initiation rites;

(d) The initiation rites shall not last more than three (3) days;

(e) The application shall contain the names of the incumbent officers of the fraternity, sorority, or
organization and any person or persons who will take charge in the conduct of the initiation rites;

(f) The application 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, sorority, or organization, and two(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
authorities or head of organization and shall only be removed from its posting three (3) days after the
conduct of the initiation rites.

The school, fraternity, sorority, or organization shall provide for their respective bulletin boards for
purposes of this section. 1âwphi1

Guidelines for the approval or denial of the application to conduct initiation rites by a registered
fraternity, sorority, organization shall be promulgated by the appropriate school official not later than
sixty (60) days after the approval of this Act. The appropriate school authorities shall have the
obligation to disapproved the application to conduct initiation rites that do not conform with any of the
requirements of this section, and in unequivocal terms in a formal advice to the fraternity sorority, or
organization concerned, taking into consideration the safety and security of participants in the
activity.

School officials shall have the authority to impose after due notice and summary hearing, disciplinary
sanctions, in accordance with the school's guidelines and regulations on the matter, which shall
include, but shall not be limited to, reprimand, suspension, exclusion, or expulsion, to the head and
all other officers of the fraternity, sorority and organization which conducts an initiation without first
securing the necessary approval of the school as required under this section. All members of the
fraternity, sorority, or organization, who participated in the unauthorized initiation rites, even if no
hazing was conducted, shall also be punished accordingly.

In case the written application for the conduct of initiation rites contains false or inaccurate
information, appropriate disciplinary sanctions in accordance with the school's guidelines and
regulations on the matter ranging from reprimand to expulsion shall be imposed, after due notice and
summary hearing, against the person who prepared the application or supplied the false and
inaccurate information and to the head and other officers of the fraternity, sorority, or organization
concerned.

Sec. 5. Monitoring of Initiation Rites. - The head of the school or an authorized representative
must assign at least two (2) representatives of the school to be present during the initiation. It is the
duty of the school representatives to see to it that no hazing is conducted during the initiation rites
and to document the entire proceedings. Thereafter, said representatives who were present during
the initiation shall make a report of the initiation rites to the appropriate officials of the school
regarding the conduct of the said initiation: Provided, That if hazing is still committed despite their
presence, no liability shall attach to them unless it is proven that they failed to perform an overt act to
prevent or stop the commission thereof.

Sec. 6. Registration of Fraternities, Sororities and Other Organizations. - All existing fraternities
sororities, and other organizations otherwise not created or organized by the school but has existing
members who are students or plans to recruit students to be its member shall be required to register
with the proper school authorities before it conducts activities whether on or off-campus, including
recruitment of members.

A newly established fraternity, sorority, or organization in a school shall immediately register with
proper school authorities during the semester or trimester in which it was established or
organized: Provided, That the new fraternity, sorority, or organization has complied with the
requirements prescribed by the school in establishing a fraternity, sorority, or organization has
complied with the requirements prescribed by the school in establishing a fraternity, sorority, or
organization: Provided, further, That schools shall promulgate their guidelines in the registration of
fraternities , sororities, and organizations within their jurisdiction not later than sixty (60) days from
the approval of this Act.

Upon registration, all fraternities, sororities, or organizations shall submit a comprehensive list of
members, which shall be updated not later than thirty (30) days from the start of every semester or
trimester, depending on the academic calendar of the school.

School official shall have the authority to impose, after due notice and summary hearings,
disciplinary penalties in accordance with the school's guidelines and regulations on the matter
including suspension to the head and other officers of the fraternity, sorority, or organization who fail
to register or update their roster of members as required under this section.

Failure to comply with any of the requirements in this section shall result in the cancellation of the
registration of the fraternity, sorority, or organization.

Sec. 7. Faculty Adviser. - Schools shall require all fraternities, sororities, or organizations, as a
condition to the grant of accreditation or registration, to submit the name or names of their respective
faculty adviser or advisers who must not be members of the respective fraternity, sorority, or
organization. The submission shall also include a written acceptance or consent on the part of the
selected faculty adviser or advisers.

The faculty advisers shall be responsible for monitoring the activities of the fraternity, sorority, or
organization is established or registered.

In case of violation of any of the provisions of this Act, it is presumed that the faculty adviser has
knowledge and consented to the commission of any of the unlawful acts stated therein.

Sec. 8. Role of Educational Institutions. - The responsibility of schools to exercises reasonable

supervision in loco parentis over the conduct of its students requires the diligence that prudent
parents would employ in the same circumstances when discriminating and protecting their children.
To this end, it shall be the duty of schools to take more proactive steps to protect its students from
the dangers of participating in activities that involve hazing.
Schools shall implement an information dissemination campaign at the start of every semester or
trimester to provide adequate information to students and parents or guardians regarding the
consequences of conducting and participating in hazing.

An orientation program relating to membership in a fraternity, sorority, or organization shall also be

conducted by schools at the start of every semester or trimester.

Schools shall encourage fraternities, sororities, and organizations to engage in undertakings that
foster holistic personal growth and development and activities that contribute to solving relevant and
pressing issues of society.

Sec. 9. Registration of Community-Based and Other Similar Fraternities, Sororities, or

Organizations. - 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 comprehensive list of members and officers which shall be
updated yearly from the date of registration.

Sec. 10. Regulation of Initiation Rites for Community-Based Fraternities, Sororities, or

Organizations. - Only initiation rites or practices that do not constitute hazing shall be
allowed: Provided, That:

(a) A written application to conduct the same shall be made to the punong barangay in the barangay
or municipal or city mayor in the municipality or city where the community-based fraternity, sorority,
or organization is based, not later than seven (7) days prior to the schedules initiation date;

(b) The written initiation shall indicate the place and date of the initiation rites and the names of the
recruits, neophytes, or applicants to be initiated;

(c) Such written application shall further contain an undertaking that no harm or any kind shall be
committed by anybody during the initiation rites;

(d) A medical certificate of the recruit, neophyte, or applicant must be attached to the application to
ensure fitness to undergo initiation when it involves physical activity not failing under the definition of
hazing as used in this Act;

(e) The initiation rites shall not last more than three (3) days;

(f) The application shall contain the names of the incumbent officers of the community-based
fraternity, sorority, or organization and any person or persons who will take charge in the conduct of
initiation rites;

(g) The application shall be under oath with a declaration that it has been posted on the official
bulletin board of the barangay hall or the municipal or city hall where the community-based fraternity,
sorority or organization is based, and the bulletin board of the office of the community-based
fraternity, sorority or organization; and
(h) The application shall be posted from the time of submission of the written notice to the punong
barangay or municipal or city mayor and shall only be removed from its posting three (3) days after
the conduct of the initiation rites.

Sec. 11. Monitoring of Initiation Rites of Community-Based and All Similar Fraternities,

Sororities or Organizations. - The punong barangay of the barangay or the municipal or city mayor
of the municipality or city where community-based fraternity, sorority or organization is based must
assign at least two (2) barangay or municipal or city officials to be present during the initiation and
document the entire proceedings. Thereafter, said representatives who are present during the
initiation shall make a report of the initiation rites to the punong barangay, or the municipal or the city
mayor regarding the conduct of the initiation: Provided, That if hazing is still committed despite their
presence, no liability shall attached to them unless it is proven that they failed to perform an overt act
prevent or stop the commission thereof.

Sec. 12. 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, as defined in this Act, 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. 1âwphi1

The defense that the recruit, neophyte, or applicant consented to being subjected to hazing shall not
be available to persons prosecuted under this Act.

Sec. 13 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.

Sec. 14. Penalties. - The following penalties shall be imposed:

(a) The penalty of reclusion perpetua and a fine of Three million pesos (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;

(b) The penalty of reclusion perpetua and a fine of Two million pesos (P2,000,000.00) shall
be imposed upon:

(1) All persons who actually planned or participated in the conduct of the hazing;

(2) All officers of the fraternity, sorority, or organization who are actually present
during the hazing;

(3) The adviser of a fraternity, sorority, or organization who is present when the acts
constituting the hazing were 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 adviser or advisers can do so without peril to their
person or their family;

(4) All former officers, nonresident members, or alumni of the fraternity, sorority, or
organization who are also present during the hazing: Provided, That should the
former officer, nonresident member, or alumnus be a member of the Philippine Bar,
 such member shall immediately be subjected to disciplinary proceedings by the
Supreme Court pursuant to its power to discipline members of the Philippine
Bar: Provided, further, That should the former officer, nonresident member, or
alumnus belong to any other profession subject to regulation by the Professional
Regulation Commission (PRC), such professional shall immediately be subjected to
disciplinary proceedings by the concerned Professional Regulatory Board, the
imposable penalty for which shall include, but is not limited to, suspension for a
period of not less than three (3) or revocation of the professional license. A
suspended or revoked professional license pursuant to this section may be
reinstated upon submission of affidavits from at least three (3) disinterested persons,
good moral certifications from different unaffiliated and credible government,
religious, and socio-civic organizations and such other relevant evidence to show
that the concerned professional has become morally fit for readmission into the
profession: Provided, That said readmission into the profession shall be subject to
the approval of the respective Professional Regulatory Board;

(5) Officers ir members of a fraternity, sorority, or organization who knowingly

cooperated in carrying out the hazing by inducing the victim to be present thereat;
and

(6) members of the fraternity, sorority, or organization who are present during the
hazing when they are intoxicated or under the influence of alcohol or illegal drugs;

(c) The penalty of reclusion temporal in its maximum period and a fine of One million pesos
(P1,000,000.00) shall be imposed upon all persons who are present in the conduct of the
hazing;

(d) The penalty of reclusion temporal and fine of One million pesos (P1,000,000.00) shall be
imposed upon former officers, nonresident member, alumni of the fraternity, sorority, or
organization who, after the commission of any of the prohibited acts proscribed herein, will
perform any act to hide, conceal, or otherwise hamper or obstruct any investigation that will
be conducted thereafter: Provided, That should the former officer, nonresident member, or
alumnus be a member of the Philippine Bar, such member shall immediately be subjected to
disciplinary proceedings by the Supreme Court pursuant to its power to discipline members
of the Philippine Bar: Provided, further, That should the former officer, nonresident members,
or alumnus belong to any other profession subject to regulation by the PRC, such
professional shall immediately be subjected to disciplinary proceedings by the concerned
Professional Regulatory Board, the imposable penalty for which shall include, but is not
limited to, suspension for a period of not less than three (3) years or revocation of the
professional license pursuant to this section may be reinstated upon submission of affidavits
from at least three (3) disinterested persons, good moral certifications from different
unaffiliated and credible government, religious, and socio-civic organizations, and such other
relevant evidence to show that the concerned professional has become morally fit for
readmission into the profession: Provided, That said readmission into the profession shall be
subject to the approval of the respective Professional Regulatory Board."

(e) The penalty of prision correcional in its minimum period shall be imposed upon any
person who shall intimidate, threaten, force, or employ, or administer any form of vexation
against another person for the purpose of recruitment in joining or promoting a particular
fraternity, sorority, or organization. The persistent and repeated proposal or invitation made
to a person who had twice refused to participate or join the proposed fraternity, sorority, or
organization, shall be prima facie evidence of vexation for purposes of this section; and
 (f) A fine of One million pesos (P1,000,000.00) shall be imposed on the school if the
fraternity, sorority, or organization 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 as provided under
Section 5 of this Act: Provided, That if hazing has been committed in circumvention of the
provisions of this Act, it is incumbent upon school officials to investigate motu propio and
take an active role to ascertain factual events and identity witnesses in order to determine
the disciplinary sanctions it may impose, as well as provide assistance to police authorities."

The owner or lessee of the place where hazing is conducted shall be liable as principal and
penalized under paragraphs (a) or (b) of this section, when such owner or lessee has actual
knowledge of the hazing conducted therein but failed to take any action to prevent the same from
occurring or failed to promptly report the same to the law enforcement authorities if they can do so
without peril to their person or their family. If the hazing is held in the home of one of the officers or
members of the fraternity, sorority, or organization, the parents shall be held liable as principals and
penalized under paragraphs (a) or (b) hereof when they have actual knowledge of the hazing
conducted therein but failed to take any action to prevent the same from occurring or failed to
promptly report the same to the law enforcement authorities if such parents can do so without peril to
their person or their family.

The school authorities including faculty members as well as barangay, municipal, or city officials
shall be liable as an accomplice and likewise be held administratively accountable for hazing
conducted by the fraternities, sororities, other organizations, if it can be shown that the school or
barangay, municipal, or city officials allowed or consented to the conduct of hazing, but such officials
failed to take any action to prevent the same from occurring or failed to promptly report to the law
enforcement authorities if the same can be done without peril to their person or their family.

The presence of any person, even if such person is not a member of the fraternity, sorority, or
organization, during the hazing is prima facie evidence of participation therein as a principal unless
such person or persons prevented the commission of the acts punishable herein or promptly
reported the same to the law enforcement authorities if they can do so without peril, to their person
or their family.

The incumbent officers of the fraternity, sorority, or organization concerned shall be jointly liable with
those members who actually participated in the hazing.

Any person charged under this Act shall not be entitled to the mitigating circumstances 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
businesses or corporations engaged hazing as a requirement for employment in the manner
provided herein.

Any conviction by final judgement shall be reflected on the scholastic record, personal, or
employment record of the person convicted, regardless of when the judgment conviction has
become final.

Section 15. Implementing Rules and Regulations. (IRR). - The Commission on Higher Education
(CHED), together with the Department of Education (DepED), Department of Justice (DOJ),
Department of the Interior and Local Government (DILG), Department of Social Welfare and
Development (DSWD), AFP, PNP, and National Youth Commission (NYC), shall promulgate the IRR
within ninety (90) days from the effectivity of this Act.
Section 16. Separability Clause. - If any provision or part of this Act is declared invalid or
unconstitutional, the other parts or provisions hereof shall remain valid and effective.

Section 17. All laws, orders, rules or regulations which are inconsistent with or contrary to the
provisions of this Act are hereby amended or repealed accordingly.

Section 18. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2)
national newspapers of general circulation.