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IN THE NAME OF BROTHERHOOD:

SHOULD HAZING AS A REQUIREMENT FOR


ADMISSION IN FRATERNITIES BE REGULATED
OR BANNED BY LAW?

A research paper on FRATERNITY-RELATED violence and HAZING in


the Philippines in the modern times
Prepared by:
Group 1 of
Legal Research Class under Atty. Leslie Taruc - Orencia
October, 2012
Editors / Contributors:
Ronald Budomo
Luis Carmelo Caparas
Wrancudo Felix
Alvin Fernandez
Surveyors / Contributors:
Neriza Balmores
Benny Ramos
Bea Trisha Villa
Reporters / Contributors:
Jefferson Dungca
Jenina Gabriel
Perfecto Solis Jr

IN THE NAME OF BROTHERHOOD:


SHOULD HAZING AS A REQUIREMENT FOR
ADMISSION IN FRATERNITIES BE REGULATED
OR BANNED BY LAW?

CONTENTS

I.
II.

Introduction
An Overview on The Concept of Hazing and Fraternities
History of Hazing and Fraternities in the Philippines
Fraternity defined
Fraternity Violence

III.

Fraternity Hazing Deaths: The Chilling Statistics


Sensational Cases

IV.

The Revised Penal Code of the Philippines and RA 8049

V.
VI.

Does the Law Offer Real Protection?


RA 8049: The Anti-Hazing Law
Under RA 8049, Is Hazing Regulated or Banned?
Findings
The Perception of
Fraternities
University Survey
Community Survey

VII. Recommendation
Conclusion
VIII. References

the

General

Public

on

I.INTRODUCTION
In the name of Brotherhood.
Why the title? Obviously, this is how we as a group would like to depict
the sad and distressing events of neophyte deaths in fraternities and how
the State through its laws and statutes react to put a stop if not prevent
such.
Had there not been a Tarlaqueno who made national headlines recently
albeit on a rather saddening fashion in the name of Marc Andrei Marcos,
the locals of this quiet and peaceful province in Central Luzon would not
have come to terms with the reality of fraternities and what fraternity
hazing is REALLY all about.
In the aftermath of the hazing death of Marc Andrei Marcos, the people
through the mass media elicited a cacophony of opinions on the matter.
Some suggested the knee jerk reaction of a total ban of fraternities in
schools and universities while some are of the opinion that there should
be a more thorough review of existing laws and statutes on
fraternity hazing.
As students of law and hopefully future members of the legal profession,
we have come to a collective conclusion (which we intend to reveal at the
end of this paper) that, as far as we know, is also reflective of the opinion
of the average Juan Dela Cruz in these modern times.
This legal research/study underwent the process of finding laws, rules and
regulations that govern the conduct of fraternities. It involved locating
both the laws and rules which are enforced by the State and the
commentaries which explain or analyze these rules.
As any legal research/study for that matter, this paper would also be an
investigative tool for information necessary to support legal decision
making in the light of the rise of fraternity hazing deaths.

Its (the papers) primary point is to answer the question: Should hazing
as a requirement for admission in fraternities be regulated or
banned by law?

II. An Overview on the Concept of


Fraternities and Hazing in the
Philippines
A study made in 2002 by a group of Asian scholars on violence in
Philippine Universities and campuses estimates that there is at least one
fraternity member for every ten male students1. This is a staggering figure
because not only does this mean that joining fraternities is a popular
activity done by college students but more importantly, it creates the
impression that the society in general tolerates college students joining
fraternities.
A Fraternity is defined generally in the Webster-Meriam dictionary as a
group of people a group of people associated or formally organized for a
common purpose, interest, or pleasure.
For college students, it is a brotherhood, as they usually refer to it; a
group of people inside the campus formally organized for a common
purpose, interest, or pleasure. For members, fraternities are associated
with the words brotherhood, unity, friendship, trust and acceptance. The
experience of becoming a member of a fraternity also means to them,
meeting new people, sharing interests and accepting others as well.
Becoming a member helps in building confidence and character because
they believe that a fraternity gives a certain kind of protection. Moreover,

C. Suksai, WHOSE SECURITY COUNTS?, December, 2003, page 13

it gives them a certain feeling of security and importance while pursuing


their college education.
HISTORY OF HAZING AND FRATERNITIES IN THE PHILIPPINES 2
Fraternities in general
In the Philippines, Spaniards and other colonizers established several
Philosophical and Fraternal Societies in our country as early as the 1850's
but these chapters only admitted Spaniards or their own race and did not
welcome the natives (Filipinos). According to the book, History and
Geography of the Philippine Islands, fraternities played an important part
in letting the Filipinos realize the injustice practiced upon them by the
colonizers. The book mentioned that the Fraternity of Odd Fellows spread
in the Philippines in 1872. The Freemason fraternity followed in 1877
brought by the Americans. The lodges (chapters) are also established
mostly by military men assigned in Manila. Most members were basically
American Military men and their allies who helped fought the SpanishAmerican war. The fraternity established their lodges (chapters) and held
their meetings in naval and military camps.
The first brotherhood to be founded by Filipinos is the Katipunan, short for
Kataastaasang Kagalangalangang Katipunan ng mga Anak ng Bayan
(Supreme and Venerable Society of the Sons of the People), which was
founded by anti-Spanish Filipinos in Manila in 1892. The primary aim of
the fraternity was to gain independence from Spain through revolution. As
many of us know, the brotherhood already disbanded.
In 1899, the ties between Filipino and Americans were disrupted and the
Filipino-American war emerged. When this war ended in 1902, fraternities
stared to rise again. Odd Fellows, Freemasons and even the Elks
established lodges in Manila area.
School-based Fraternities:

http://wiki.answers.com/Q/How_did_the_fraternities_in_the_Philippines_start

Later, college fraternities began to form especially when American


Education (philosophy) reached our shores. State Universities were the
first to enjoy Fraternity Life, particularly in the University of the
Philippines, when the first College Fraternity Rizal Center, a brotherhood
of Jose Rizal followers and who viewed the hero in iconic fashion, was
founded (This fraternity is already defunct). The first Filipino Greek Letter
Fraternity, Upsilon Sigma Phi, was founded in 1918. This fraternity is now
considered the oldest in Asia and continues to exist up until today but
membership is exclusive only to UP Dilliman and UP Los Banos students.
The oldest sorority in the Philippines is the UP Sigma Beta Sorority
founded on February 14, 1932. Membership is exclusive only to UP
Dilliman, UP Los Banos, UP Iloilo and UP Davao students.
The progress of fraternities was again interrupted when Japan occupied
the Philippines in 1941. When the Filipino-American-Japanese war ended
in 1944, Philippine fraternities started to rise up again and many Filipinos
started setting up their own fraternities and sororities.
The peak of fraternalism in the Philippines was probably in the 1950's to
1990's when many fraternities where founded. Several American
fraternities were also imported to the country such as the Alpha Phi
Omega, Alpha Sigma Phi. Also, some locally founded fraternities made
allies with some fraternities in the United States.
A person usually joins a fraternity to be recognized and be a part of
something. The idea of having a "buddy" gives a feeling of confidence and
security. In the Philippines, most of those who join fraternities are middle
class students seeking protection. Others are students who come from the
provinces and seek out fraternities that group them among ethnic or
regional lines. Some (like in universities) join as to be part of an "elite"
group of a particular department, division, and/or course of study.
Initiation into a fraternity3
Before one can join a certain fraternity, he must undergo a series of tasks
approved by that certain group. These tasks test one's integrity and
3

http://en.wikipilipinas.org/index.php?title=Fraternities_in_the_Philippines

endurance to prove his determination to be a member. The process is


called INITIATION. Usually these initiations are physical and mental
practices. In the Philippines, initiation is frequently violent and mentally
degrading. Some also say it includes some erotic element.
Because of the certain degree of violence involved in initiation rites, the
process soon became synonymous with HAZING.
WHAT IS HAZING?
Hazing means infliction of unnecessary or excessive work in order to
harass, an attempt to embarrass or disconcert by ridicule or persistent
criticism, or the subjecting (of a freshman or fraternity pledge) to
treatment intended to put in ridiculous or disconcerting position. Just its
meaning already gives a negative connotation on the procedure of
initiation of a fraternity. However, members who give this ritual to a
neophyte defends that it is through hazing where one can prove one's
endurance and thus achieves loyalty to the group.
Some common forms of Hazing
Paddling - sometimes over a lap, a knee, but mostly at the back of
the thigh or on the bare buttock;
Slapping - slapping of the face;
Tedious Cleaning - cleaning of toilet bowl, etc.;
Weird Clothing - an incoming member will be asked to wear a very
funny or weird costume that would impose a negative effect on the
wearer;
Food - a combination of food mixed and in absurd container;
Servitude - waiting on others (as at frat parties) or various other
forms of housework, often with pointless tests of obedience.
FRATERNITY-RELATED VIOLENCE

According to a 2002 study on Fraternity violence by writer, Raymund


Narag4, (Armed) Violence can be:

(i) intra-fraternity - including hazing and initiation;


(ii) inter-fraternity - such as conflicts between fraternities; and

(iii) between fraternity members and non-fraternity members.

Mr. Narags research went on to reveal a number of causes of fraternity


violence. Fraternity members, in their violent nature carry with them
instruments of war (guns, daggers, etc) even to school, mainly to protect
themselves from their so called enemies. Weapons brought can be used
to threaten enemies, and as a confidence building measure5 .
More excerpts in the same paper: When asked why they fight,
respondents listed, ranked and prioritized their reasons. These included:
bonding (as part of fraternity initiation); babae-agawan (the defense of
women who are accosted); titigan/ angasawa (the exchange of harsh
stare) alak; (consumption of alcohol); a history or unsettled score (which
is mythologized by fraternities); recreation; dugasan (theft); and
election-related violence (poster destroying and vandalism) 6. But It seems
that the most common reason or motive for such rumbles were harsh
stare and consumption of alcohol.
Also revealed were a wide ranging assortment of weapons used in
fraternity violence. Types of weapons ranged from baseball bats and
switchblade knives to grenades, pillboxes (improvised explosives originating from anti-Marcos activists), belts, knives and ice picks. Though
less commonly used, handguns were also widely available, with the most

C. Suksai, WHOSE SECURITY COUNTS?, December, 2003, page 14

C. Suksai, WHOSE SECURITY COUNTS?, December 2003, page 15

Ibid, page 16

popular models including the Senorita (.22), the Sumpac (.38, .45) and
the Colt (.357)7.
Violence resulting from riots involving fraternity members is common. But
so is hazing.
In an article by a Filipino, Mr. Raymund Narag entitled The Brotherhood",
he said that

"the fraternity system has become a big black hole that

sucks these young promising men to their graves. The fraternity as an


institution, despite its noble and lofty ideals, has degenerated into
becoming a barbaric gang. Internally, its organizational structure has
become so hierarchically feudal, with the head becoming the law and the
members losing their individuality. Externally, it has imbibed the culture of
the tribesmen and treats other tribes as an unforgivable "enemy"8.

More excerpts: "The seeds of violence are sown into the heart of a frat
man the moment he enters the fraternity. The rites of passage required
before an applicant can be considered a "brother" is a ritual replete with
physical and psychological violence. By testing the mettle through pain
and humiliation, the new members are inducted to become blood
brothers.
"The physical violence impinged on frat member during initiations
becomes the rational for the acceptability of the other forms of violence.
The members accept the violence as a normal practice. "
Narag also discussed the Code of Silence among frat members that makes
difficult making accountable those responsible for the death of these
young men due to hazing.
"The fraternities anchor their strength on secrecy. Like the Sicilian code of
Overtax, fraternity members are bound to keep the secrets from the nonmembers. They have codes and symbols the frat members alone can
7

Ibid

R. Narag, Inside the brotherhood: Thoughts on Fraternity Violence, December 2009, page

understand. They have a different set of communicating, like inverting the


spelling of words, so that ordinary conversations cannot be decoded by
non-members.
"The code of silence reinforces the feeling of elitism. The fraternities are
worlds of their own. They are sovereign in their existence. They have their
own myths, conceptualization of themselves and worldviews. Save
perhaps to their alumni association, they do not recognize any authority
aside from the head of the fraternity9. "
But despite such culture of violence against rival fraternities and the
brutal and violent hazing or initiation rites, many young men are
captivated in joining fraternities, sometimes at the cost of serious physical
injuries or even death to themselves.

R. Narag, Inside the brotherhood: Thoughts on Fraternity Violence, December 2009, page

III. FRATERNITY HAZING DEATHS:


THE CHILLING STATISTICS
Among the countless victims of brutal and senseless deaths by fraternity
hazing in colleges and universities in our country are as follows 10:
Gonzalo Mariano Albert of Upsilon Sigma Phi in 1954
Ferdinand Tabtab of Alpha Phi Omega in 1967
Mel Honasan of Beta Sigma in 1976
Arbel Liwag of Beta Sigma in 1984
Lenny Villa of Aquila Legis in 1991
Joselito Hernandez of Scintilla Juris in 1992
Mark Roland Martin of Epsilon Chi in 1995
Alexander Miguel Icasiano of Alpha Phi Beta in 1998
Nio Calinao of Alpha Sigma Rho fraternity, 1999;
Edward Domingo Rafael Albano III
Marlon Villanueva of Alpha Phi Omega in 2006
Cris Anthony Mendez of Sigma Rho in 2007
Jan Angelo Dollete of Alpha Phi Omega in 2007
Chester Paulo Abracias of Tau Gamma Phi in 2008
John Daniel L. Samparada of Tau Gamma Phi in 2009
Elvis Sinaluan of Scout Royal Brotherhood in 2009
Noel Borja of Tau Gamma Phi in 2010
EJ Karl Intia of Alpha Phi Omega in 2010
Daniel Lorenz Jacinto in 2010
Ronel de Guzman of Tau Gamma Phi in 2011
10

http://oj-lopez.blogspot.com/2012_03_01_archive.html

Nor Silongan of Tau Gamma Phi in 2011


Marvin Reglos, Feb, 2012
Marc Andrei Marcos, Aug.2 , 2012 San Beda College
These victims only represent a small number of cases of fraternity hazing
related deaths occurring in recent times. There are still many other
unreported incidents resulting to either serious physical injuries or even
death, with many incidents involving out-of-school youth in communities.
Among the many who lost their lives due to fraternity hazing, the above cited
twenty four young men who at their prime died in the name of brotherhood,
all have yet to attain justice for their deaths.
To put the aforesaid concern in the proper perspective, it is necessary to
review and to be guided by the proceeding guideposts.

IV. The Revised Penal Code of the


Philippines and RA 8049
Does the law offer REAL protection?
There is no question that those responsible for the crime of hazing deaths
should be punished and the focus should be the prevention of such deaths
through the enactment of laws if there is no law yet to serve the purpose or
its amendment in case it lacks the proper penal punishment to deter
infractions of the statute.
The Revised Penal Code is based on the principles of the old or classical
school where the basis of criminal liability is human free will and the
purpose of the penalty is retribution. As patterned in the classical theory,
man is essentially a moral creature with an absolute free will to choose

between good and evil, thereby placing more stress upon the effect or result
of the felonious act than upon the man, the criminal himself.

11

In 1995, Congress passed into law RA 8049 or the Anti Hazing Law 12, in the
light of the death of Leni Villa, a law student from Ateneo de Manila
University, who similarly died of hazing at the hands of the Aquila Legis Juris
fraternity he wishes to join. It is a confirmation of the classical theory of
Criminal Law, that the measure (RA 8049) has endeavored to establish a
direct proportion between the crime and the penalty. RA 8049 or the AntiHazing Law imposes the maximum penalty of reclusion perpetua if
death results from the hazing or initiation rites.
Recently, after twenty one years after his death, the Supreme Court has
affirmed the conviction of five Aquila Legis Juris fraternity members. A total
of 35 fraternity members initially included in the charge sheet and an initial
batch of 26 were found guilty of the crime of homicide in November 1993 by
Caloocan Judge Adoracion Angeles. Nineteen of the suspects were later
acquitted on appeal by the Court of Appeals and this was also affirmed by
the Supreme Court13.
However, the Leni Villa case was not tried under RA 8049, since the law was
passed after the death of Leni Villa, wherein it aggravates the crime or
makes it greater than it was, when committed. Applying RA 8049 to the Villa
case would make it an ex post facto law, hence, the provisions of the Revised
Penal Code were applied. The accused were convicted for reckless

Luis B. Reyes, RPC Book 1, 17th edition, 2008

11

12

http://www.lawphil.net/statutes/repacts/ra1995/ra_8049_1995.html

13

Jerome Aning, Philippine Daily Inquirer, Feb 2012

imprudence resulting to homicide for the principals and slight physical


injuries for the accessories.
Senator Gregorio B. Honasan who is also a fraternity member and likewise
lost his brother Mel B. Honasan in a fraternity hazing in 1976 compares
fraternities as a microcosm of Philippine society. "I think on the whole, if you
consider fraternities as institutions with historically described traditions, then
I guess fraternities are also a consequence or a mirror of the government and
the society it serves, just like everything else. So if there is abuse and people
die, it means people continue to die in our so-called democratic society. The
idea is by balancing interests, we promote peace, unity and prosperity.
Anything that detracts from that must be condemned either through the
operation of the law, or by a condemnation by society itself," Honassan
says.14
There is a perception that the purpose of the law is to promote justice.
According to Bastiat, the purpose of law is to prevent injustice. Law is a
negative concept and not a positive concept. Law is there to prevent harm,
not to encourage or mandate good. Here is an excerpt from his book, The
Law, that explains this assertion:
Law Is a Negative Concept
The harmlessness of the mission performed by law and lawful
defense is self-evident; the usefulness is obvious; and the
legitimacy cannot be disputed.
As a friend of mine once remarked, this negative concept of law is
so true that the statement, the purpose of the law is to cause
justice to reign, is not a rigorously accurate statement. It ought to
be stated that the purpose of the law is to prevent injustice
from reigning. In fact, it is injustice, instead of justice, that has
14

http://ph.news.yahoo.com/search-recognition-070622070.html

an existence of its own. Justice is achieved only when injustice is


absent.15
But, has RA 8049 or the Anti Hazing Law prevented the injustice of
fraternity hazing deaths several years after its enactment?
A closer look into RA 8049 is needed to ascertain what is lacking in the
law.

RA 8049: The Anti-Hazing Law16


Republic Act No. 8049 or An Act Regulating Hazing and Other Forms of
Initiation Rites in Fraternities, Sororities, and Other Organizations and
Providing Penalties Therefor was enacted in 1995 because of the much
publicized death of Leni Villa, then a student of the Ateneo de Manila
University School of Law. It is composed of seven sections, covering the
definition of hazing, policy implementation, penal provisions, separability,
amendment and effectivity clauses.
The law defined hazing, describing it 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 or her to do
menial, silly, foolish and similar tasks or activities or otherwise subjecting
him or her to physical or psychological suffering or injury.
Section 2 defines the policy implementation with regards to the obligations
of organizations to seek prior written notice to the school authorities or head
of organization before the conduct of such initiation or hazing activity. The
http://www.famguardian.org/Subjects/LawAndGovt/Articles/PurposeOfLaw.ht
m
15

16

ibid

written notice shall indicate the period of initiation activities and shall include
the names of those subjected to such activities and shall further contain an
undertaking that no physical violence be employed by anybody during
such initiation rites. (underscoring ours)
On the other hand, Section 3 stipulates the duties of the head of schools or
organization that they must assign at least two (2) representatives of the
school or organization, as the case maybe, to be present during the initiation
and ensure that no physical harm of any kind shall be inflicted upon a recruit,
neophyte or applicant.
Section 4 enumerates the penalties and persons criminally liable for violation
of said law.
Section 5, 6 and 7 are the separability, amendment and effectivity clauses.
However, seventeen years after its enactment, there are sixteen reported
cases of fraternity hazing deaths or an average of almost one death per year.
What then is the reason why hazing continues as a practice in some
fraternities and the apparent lack of any prosecuted violator since the laws
passage?

V. Under RA 8049
Regulated or Banned?

Is

Hazing

If construed from the standpoint of RA 8049, the aspect where hazing would
be subjecting a recruit, neophyte or applicant to physical suffering or injury
is banned while other forms of hazing or initiation is regulated.
Based on the provisions of the law, the definition of hazing is in a broad and
encompassing manner which includes physical suffering or injury. While the
law states that no hazing or initiation rites in any form or manner by a

fraternity shall be allowed without prior written notice to the school


authorities before the conduct of such initiation and the presence of school
authorities during the initiation or hazing rites, it does not explicitly ban
hazing. However, succeeding provisions also state that no physical violence
be employed by anybody during such initiation rites.
From these, we could deduce from the title alone, The Anti-Hazing Law is
a regulatory measure where a component of its regulatory powers
is the outlawing of violent forms of hazing or initiation rites.

VI. Findings
In our understanding, such inconsistency in our law, is a loophole which
provides violent hazing activities to continue and constitutes a gray
area whether this form of hazing is banned.
On the other provisions, the policy implementation provides an ample safety
net which provides supervision of hazing and initiation activities by school
authorities. Moreover, the penal provisions assign stiff penalties for
violations ranging from prision correctional in its maximum period up to the
penalty of reclusion perpetua especially if death results from the initiation or
hazing rites.

Hazing in the Philippines has become a societal menace, a disease that


seems to have no cure. The Government has been bragging about its
accomplishment in crime prevention, but has not given due attention to the
rising cases of death caused by hazing. We should not forget that hazing is a
crime that needs to be stopped. People who promote and perform this brutal
activity should take responsibility for their actions.
In a recent Philippine Daily Inquirer column by Ma. Ceres Doyo, she stated
that violent hazing activities continue as a practice in some fraternities
because fraternity neophytes are not forced to join. While it is true that in
some law fraternities where hazing deaths figured, they persuaded recruits
to join because of the promises of brotherhood links that goes beyond
university and into their legal and political careers, even allegedly
influencing their decisionsright or wrong.17
Moreover, she also acknowledged the fact that among violent fraternity
hazing survivors, had anyone came forward to say it was all wrong and then
severed ties with the so-called brotherhood? 18 It can be inferred that as
long as the neophyte survives the violent initiation rites without any
permanent injury or death to himself, there is no need to press charges
against the fraternity or to his fraternity brods because in the first place, he
has consented to undergo initiation.
This is the sad fact, because, what we are all concerned about is not the
violent hazing practice per se but the unacceptable result of fraternity hazing
related permanent injuries or deaths. The purpose of the law is retribution for
these.
It is also noteworthy to note that the Department of Education has banned
fraternities and sororities in primary and secondary schools since 1991.

http://opinion.inquirer.net/33847/hazing-victims-willing-victims

17

18

ibid

Moreover, some tertiary schools simply banned fraternities and sororities just
like the case of San Beda College19.
This measure of banning fraternities and sororities from schools would only
push these organizations to operate underground and far away from the eyes
of the school authorities making regulation and identification of those
responsible for such violent hazing activities accountable.
The Perception of the General Public on Fraternities
A graphical representation has been prepared, based on gathered data from
our survey* to further understand the perception of the general public to the
pros and cons of a Fraternity.

A. University survey
Figure 1. Influences of students who joined fraternities
Influences
Joining
Friends
19

f
in (frequency
)
4

http://www.eskwelahan.net/news/?p=1064

*quantitative and qualitative analysis and actual survey conducted Oct, 2012

Family
members/relatives
Own decision

5
9

Influences for
Joining

Figure 2. Most
fraternities

prevalent

Reasons for Joining


Leadership development

reasons

Rate
response
9

of

why

students

joined

the

Meeting new friends


Helping one another
Lifelong brotherhood
Moral value development
It looks good ("astig")
Academic excellence
Connections
Belief
in
the
same
principles
Employment opportunities
Others (service, etc.)

8
7
7
6
5
5
5
3
3
2

Figure 3. Students preference regarding hazing activities


Students' stand on Percent
hazing
(%)

Regulation
Total Eradication

27.18
72.82

Figure 4. Students reasons why hazing should be eradicated


Reasons
for
eradicating
hazing
Not important
Increase in death incidents
Not good for the health
To avoid pain
Not basis of brotherhood
Dangerous
There are many other ways to
prove loyalty
To encourage others who want to
join

Respon
se
2
40
2
10
13
3
3
1

Figure 5. Reasons why students prefer regulation


activities as compared to its total eradication
Why regulate only
Tradition
Responsible initiation is safe
To get even (para makabawi)

Respon
ses
7
2
1

of

hazing

B. Community Survey
Figure 6. Influences of the community (out-of-school) youth for
joining fraternities
Influences
in
Joining
Friends
Family
members/relatives

Respon
ses
50
31

Figure 7. Most
fraternities
Reasons
joining
It
looks
("astig")
Connections
Lifelong
brotherhood

prevalent

reasons

for Rate
of
Response
cool
30
28
24

why the

youth

joined

the

Figure 8. Reasons why members prefer regulation compared to total


eradication of hazing activities
Responses
Why regulate only
50
Tradition
Responsible initiation is
22
safe

VII. Recommendations
The group puts forward the stand that hazing as a requirement for
admission in fraternities be regulated but violent initiation activities
which inflict physical harm or injury should be banned. As earlier
stated, the Anti-Hazing Law provides ample safety nets to avoid fraternity
hazing related deaths. It only needs a separate section particularly or
specifically stating the ban of violent hazing activities which include
subjecting the neophyte to physical injury since this is the main cause of
numerous fraternity hazing fatalities. This could be included in a future
amendment to the law.
The group also takes cognizance of the Supreme Court decision written by
then Associate Justice now Chief Justice Ma. Lourdes Sereno in the Leni Villa
case wherein the Supreme Court recommended that Congress amend the
Anti-Hazing Law for possible consideration of the amendment to include the
fact of intoxication and the presence of non-resident alumni fraternity
members during hazing as an aggravating circumstances that would
increase the applicable penalties.

20

Likewise, Senator Loren Legarda proposes to include community fraternities


and sororities and the hazing activities perpetrated by military and police
training institutions in the mandate of RA 8049.
The DEpEd policy for schools to simply ban fraternities and sororities and
other student organizations for fear of legal accountability upon violations of
RA 8049 should be revoked. Instead, upon amendment of the law by
Congress, an Implementing Rules and Regulation regarding the strict
20

Jerome Aning, Phil. Daily Inquirer, Feb 2012

implementation of its provisions should include the DepEd, CHED, and the
DILG (for community fraternities and sororities) as part of the implementers.

There is a need to for Congress to revisit RA 8049, and address issues that
have made its full implementation difficult.
To monitor the proper implementation of the Anti-Hazing Law in coordination
with the executive departments, a provision for the creation of a
Congressional Oversight Committee should also be included.
A PROPOSED law imposing life sentence against officials and members of
fraternities involved in hazing rituals, but exempting police and military
officials and personnel who might be engaged in similar acts as part of their
standard operating procedure during trainings has been filed at the House of
Representatives.
Bagong Henerasyon party-list Rep. Bernadette Herrera-Dy filed House Bill No.
6084 which declares hazing as criminal offense.
However, exempted from the coverage of the bill are 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 Force of the Philippines and the Philippine
National Police.

21

An urgent review is needed after another fraternity member, 25-year-old


Marvin Reglos, died during an alleged fraternity hazing of Lambda Rho Beta
group of the San Beda College of Law, she said.
According to De Lima, Republic Act No. 8049, the Anti-Hazing Act, should be
given more teeth by Congress as effective deterrent to killings during
initiation rites.
21

Its very unfortunate. Have we not learned our lessons from

Journal On-line, June 21, 2012

those past tragedies? There is a need to take a second look at the regulation
on these fraternities, she stressed. (Source: Manila Bulletin February 24,
2012)
In another statement, Senate President Juan Ponce-Enrile re-iterated that,
We will look into the revision of this law. We will impose stricter adherence
to certain steps to be taken before any hazing is done, he said.
Enrile, a former

president of the Philippine Constitution

Association

(Philconsa), said he is not against the creation of fraternities or the right to


be a member of an association that is a constitutional right but there is a
limit to these things. The rights of others in the case of (Marvin) Reglos and
(Mark Andrei) Marcos were circumscribed because their lives had been
forfeited at the hands of fraternity members, he added.
Enrile recalled that when he joined the UP fraternity, members made him to
kneel at the Ideal Theater on Rizal Avenue in Sta. Cruz, Manila to beg for
alms, ordered to eat a cigarette, and was made to drink something whose
contents he did not know. But there was no physical contact. There was a
supervisor, a senior member of the fraternity to supervise the hazing to
prevent any injuries to the people being hazed, he added.

22

Manila Bulletin August 15, 2012

22

Conclusion
Based on all the foregoing, may we conclude that the test of competing
thoughts on this issue is a salutary endeavor, that is worth
pursuing, not only in the interest of the constitutionally mandated right to
be a member of an association, but also in our ardent and continuing
defense of the right to life through the protection of the bright but gullible
young people from the brutal and violent initiation rites of fraternities which
could send them to their deaths or to suffer permanent injuries.
Moreover, each and every one of us must also not forget and should
remain steadfast no matter what may be the tides of time, to pursue
justice for the countless young men who walked willingly into the valley of
death, all in the name of brotherhood.

VIII. References
Published Researches:
C. Suksai, (2003) Whose Security Counts?, Research on
Fraternity-related Violence
Narag, R. (2009) Inside the brotherhood: Thoughts on
Fraternity Violence,
Published Textbook
Luis B. Reyes, RPC Book 1, 17th edition, 2008
Published newpaper articles
Aning, J. (2012) Philippine Daily Inquirer
http://ph.news.yahoo.com/search-recognition070622070.html
http://www.eskwelahan.net/news/?p=1064
Journal On-line, June 21, 2012
Manila Bulletin August 15, 2012
RA 8049 Full text
http://www.lawphil.net/statutes/repacts/ra1995/ra_8049_199
5.html
Sourced from the Internet

http://www.famguardian.org/Subjects/LawAndGovt/Articles/P
urposeOfLaw.htm
http://opinion.inquirer.net/33847/hazing-victims-willingvictims
http://oj-lopez.blogspot.com/2012_03_01_archive.html
http://en.wikipilipinas.org/index.php?
title=Fraternities_in_the_Philippines