D. Anti-Hazing Act of 2018

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

Frequency: ★★★★☆

“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. (Section 2[a], R.A. 8049, Anti-Hazing Act of 2018, as amended by R.A. 11053)

“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. (Section 2[b], Ibid.)

“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 Military Academy (PMA), the Philippine National Police Academy (PNPA), and other similar uniformed service learning institutions. (Section 2[c], Ibid.)

“Schools” – refer to colleges, universities, and other educational institutions. (Section 2[d], Ibid.)

2. Crime

a. Hazing

GENERAL RULE: 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: (Section 3, Ibid.)

Includes employment: In no case shall hazing be made a requirement for employment in any business or corporation. (Paragraph 2, Section 3, Ibid.)

EXCEPTIONS:

1) Provided, 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: (Section 3, Ibid.)

2) 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. (Ibid.)

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Subjects

Political Law, Labor Law

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