The document summarizes key provisions of Republic Act No. 11053, which amended the Anti-Hazing Act of 1995. It defines hazing and outlines prohibited acts. Hazing is punishable if it results in death, rape, sodomy, or mutilation. Various persons can be held liable for hazing, including those present, actual participants, planners, and school/barangay authorities with knowledge who failed to prevent it. Regulated initiation rites are allowed with prior notice and no violence.

1. REPUBLIC ACT NO. 11053- ANTI-HAZING
ACT OF 2018
(AMENDING RA 8049 ANTI-HAZING ACT OF 1995)
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2. DEFINITION OF HAZING
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 or a requirement for continuing membership in a fraternity, sorority,
or organization.
Hazing includes 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 of forced physical activity
which is likely to adversely affect the physical and psychological health of such
recruit, neophyte, applicant, or member.
Hazing 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 of RA No. 8049 as
amended by RA No. 11053, June 29, 2018).
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3. ELEMENTS OF HAZING
1. That there is initiation rite or practice made as a prerequisite for
admission or a requirement for continuing membership in a
fraternity, sorority, or organization;
2. That during the initiation rite or practice, physical or psychological
suffering, harm, or injury is inflected on a recruit, neophyte,
applicant, or member of the fraternity, sorority or organization; and
3. As a consequence of the hazing, death, rape and sodomy, or
mutilation results.
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4. INITIATION RITE OR PRACTICE
Initiation or initiation rites refer to ceremonies,
practices, rituals, or other acts, whether formal or
informal, that a person must perform or take part in
order to be accepted into a fraternity, sorority, or
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. 4

5. ORGANIZATION
Organization refers to an organized body of people which includes,
but is not limited to, any club, association, group, fraternity, and sorority.
This term shall include:
1. Armed Forces of the Philippines (AFP)
2. Philippine National Police (PNP)
3. Philippine Military Academy (PMA)
4. Philippine National Police Academy (PNPA)
5. Others, similar to those abovementioned uniformed service learning
institutions.
6. Philippine Merchant Academy
7. Company or private corporation 5

6. DEATH, RAPE, SODOMY OR MUTILATION
RA No. 8049 as amended by RA No. 11053,
declares all forms of hazing shall be prohibited in
fraternities, sororities, and organizations. Section 14
thereof prescribes for penalties for all forms of
hazing. However, the penalty is higher where death,
rape, sodomy, or mutilation results from hazing.
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7. MALUM PROHIBITUM
Congress created a special law on hazing founded upon
the principle of mala prohibita where good faith is not a
defense.
The deliberation of the Senate shows that what is
important is not the intention to kill the neophyte during
the hazing but the result of the act hazing. Also, the
framers of the law intended that the consent of the victim
to be injured shall not be a defense in hazing. The very act
of inflicting physical or psychological pain is a punishable
act. Death is just an aggravating circumstance.
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8. PERSONS LIABLE FOR HAZING
1. Presence – Sec. 14, RA No. 11053 punishes all persons who are present in
the conduct of the hazing. However, the penalty is higher if the persons,
who are present during the hazing, are: (1) officers of the fraternity, sorority,
or organization; (2) former officers, nonresident members, or alumni
thereof; (3) members thereof who are intoxicated or under the influence of
alcohol or illegal drugs.
2. Actual participation – The penalty for hazing is also higher if the person
actually participated in the conduct of hazing. The actual participants are
liable for hazing even if they are not members of the fraternity, sorority, or
organization. 8

9. PERSONS LIABLE FOR HAZING
3. Planning – The law punishes all persons, who actually planned the
conduct of the hazing. Even though these planners were not present
when the acts constituting hazing were committed, they shall still be
liable as principals.
4. Adviser – The law also punishes 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 advisers can do so without
peril to their person or their family.
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10. PERSONS LIABLE FOR HAZING
5. Inducement- Officers or members of the fraternity, sorority, or
organization, who knowingly cooperated in carrying out the
hazing by inducing the victim to the present thereat, are liable for
hazing.
6. Incumbent officers- the incumbent officers of the fraternity,
sorority, or organization concerned shall be jointly liable with
those members who actually participated in the hazing.
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11. PERSONS LIABLE FOR HAZING
7. Owner or lessee – The law punishes the owner or lessee of the place where
hazing is conducted as principal for hazing, when he 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.
8. Parents- Under the law, 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 for hazing 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.
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12. PERSONS LIABLE FOR HAZING
9. School Authorities - School authorities including faculty members as well as
barangay, municipal, or city officials shall be liable as an accomplice for
hazing conducted by fraternities, sororities, and other organizations , if it
can be shown that: (1) the school or barangay, municipal, or city officials
allowed or consented to the conduct pf hazing; or (2) where there is actual
knowledge 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.
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13. Even though school authorities and faculty members have had no
direct participation in hazing, they may nonetheless be charged as
accomplices if it is shown that: (1) hazing occurred; (2) the accused
are school authorities or faculty members; and (3) they consented
to or failed to take preventive action against hazing in spite actual
knowledge thereof (People v. Bayabos, supra) or to report The
matter to the authorities.
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14. The corresponding responsibilities of the principal, accomplice, and
accessory are distinct from each other. As long as the commission of the
offense (hazing) can be duly established in evidence, the determination of
the liability of the accomplice can proceed independently of that of the
principal ( People v. Bayabos, supra).
Under Section 7 of RA No. 8049 as amended by RA No. 11053, the faculty
adviser or advisers, who accepted his role after being selected by an
accredited fraternity, sorority, or organization, shall be responsible for
monitoring the activities of the fraternity, sorority, or organization. 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. 14

15. Under Section 4, 5, 10, and 11 of RA No. 8049 as amended by RA No.
11503, initiation rites are allowed if the fraternity, sorority, or organization
obtained approval from school authority, or punong barangay, or city or
municipal mayor, authorities upon writing application undertaking that no
harm of any kind shall be committed. During approved initiation rites, at
least two school or barangay, or city or municipal representatives must be
present. 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.
Failure to provide school representatives during the approved initiations
rites is also punishable. 15

16. PERSONS LIABLE FOR HAZING
10. Obstruction of Justice- The law also punishes former officers,
nonresident members, or alumni of the fraternity, sorority, or
organization who, after the commission of hazing will perform
any act to hide, conceal, or otherwise hamper or obstruct any
investigation that will be conducted thereafter.
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17. 17

18. PERSONS LIABLE FOR HAZING
11. Forcible Recruitment- The law also punishes 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 to the
proposed fraternity, sorority, or organization, shall be prima facie
evidence of vexation for purpose of this crime.
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19. 12. Corporate or Company Officers- Under RA No. 8049, in no case
shall hazing be made a recruitment for employment in any
business or corporation. The president, manager, director, or other
responsible officer of business or corporations engaged in hazing
as a recruitment for employment also criminally liable.
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20. COMMON DEFENSE
In hazing, taking action to prevent the occurrence of hazing or reporting the
matter to the police is a defense by the following offenders:
1. Adviser;
2. Owner or lessee of the place of hazing;
3. Parents of the member or officer of fraternity, sorority, or organization;
4. School authorities and faculty members, barangay, municipal, or city officials if
they being charged on the basis of their knowledge of the conduct of hazing.
*Taking preventive measure or reporting the matter to the authorities will also
negate the presumption of actual participation. 20

21. REGULATED HAZING
Not all forms of initiation rites are prohibited by the law. Section 2 of RA No.
8049 provides that initiation rites of fraternities, sororities, or organizations
shall be allowed provided that the following requisites are met:
1. That the fraternity, sorority, or organizations has a prior written notice to the
school authorities or head of organization;
2. The said written notice must be secured at least seven days before the
conduct of such initiation;
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22. REGULATED HAZING
3. That the written notice shall indicate:
(a) The period of the initiation activities, which shall not exceed three days;
(b) The names of those to be subjected to such activities; and
(c) An undertaking that no physical violence be employed by anybody during such
initiation rites(Dungo v. People, supra; 2002 Bar Exam).
RA No. 8049 qualifies that the physical, mental and psychological testing and
training procedure and practices members to determine and enhance the physical,
mental and psychological fitness of prospective regular of the AFP and the PNP
, as
approved by the secretary National Defense and the National police Commission,
duly recommended by the Chief of Staff of the AFP and the director General of
the PNP
, shall not be considered as hazing. 22

23. REFERENCES:
1. SPECIAL PENAL LAWS (2019 Edition), Judge MARLO B. CAMPANILLA
2. www.lawphil.net
3. www.cnnphilippines.com
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