Sie sind auf Seite 1von 2

Y. R.

Aureada & Associates


th
40 Floor Regus, PBCom Tower, Ayala Ave, Makati City

October 26, 2017

Dom Clement Ma. H. Roque, OSB


Office of The Rector
San Beda College Alabang
8 Don Manolo Blvd., Alabang Hills Village
Alabang, 1770 Muntinlupa City
P.O. Box 402 Ayala Alabang

Re: Possible proceedings between a school and student for his dismissal due to recruitment for
his brotherhood group.

Dear Mr. Roque:

You requested legal opinion from our law firm regarding a possible remedy on the case
filed against San Beda College - Alabang by one of the students that has been dismissed because
of his active participation in fraternity activities. You also asked for the implications of banning
fraternity and sorority as far as Philippine laws are concerned.

Our answer is prohibiting fraternities and sororities and imposing sanctions on basis of
being a member or recruitment for the same is a clear violation of student’s right to freedom of
association as guaranteed by the constitution.

In your letter, you stated that “senseless deaths due to hazing and initiation violence” is a
ground for barring these kind of organization. You also further stated that Benedictine Rule should
be instilled to San Beda College students in order to discourage anything that may lead to envy,
discord, slander, quarrels, jealousy and disorders. Frats and sororities are likely sources of those
things.

The 1987 Constitution is explicit: “The right of the people, including those employed in
the public and private sectors, to form unions, associations, or societies for the purpose not contrary
to law shall not ne abridged.”

As stated, the school policy on prohibition of such organization would be unconstitutional


and and thus, it confers no rights; it imposes no duties; it affords no protection; it creates no office;
it is, in legal contemplation, inoperative, as if it has not been passed. We recommend that you
follow the provisions cited in the Republic Act No. 8049, An Act Regulating Hazing and Other
Forms of Initiation Rites in Fraternities, Sororities, and Other Organizations and Providing
Penalties Therefor. Head of schools and organization should employ "vise-like" regulatory policies
to ensure that deaths arising from initiation and welcome rites such as that of previous cases would
not happen again. The schools should recognize sororities and fraternities, but they should also
ensure that these organizations comply with the country's Anti-Hazing Law or Republic Act 8049
as a precondition for their recognition. For example, RA 8047 allows the conduct of so-called
initiation rites but only if the group provided the school with a written notice seven days before
the activity. In addition, the law also requires the presence to two representatives of the school
during the welcome rites to ensure no violence will be inflicted on their neophyte members. The
school officials should recognize fraternities and similar organizations so they can be subject to
regulation. They should then be extremely strict about requiring fraternities to submit a list of their
officers and members, as well as their activities for the semester or school year. Otherwise,
disqualified fraternities and sororities and their members should be sanctioned should they
continue their activities and recruitment on campus without proper authorization from the
institution's officials.

Sincerely yours,

YASSER R. AUREADA
Legal Counsel

“We have relied upon information, both oral and written, furnished to us by our client, and have
assumed that all such information are true and correct. This opinion is limited to the matters expressly
stated in this letter and no opinion maybe implied beyond what has been stated.”