Section 1. Hazing, as used in this Act, is aninitiation rite or practice as a prerequisite foradmission into membership in a fraternity,sorority or organization by placing the recruit,neophyte or applicant in some embarrassing orhumiliating situations such as forcing him todo menial, silly, foolish and other similar tasksor activities or otherwise subjecting him tophysical or psychological suffering or injury.
The term "organization" shall include any clubor the Armed Forces of the Philippines,Philippine National Police, Philippine MilitaryAcademy, or officer and cadet corp of theCitizens Military Training and Citizens ArmyTraining.
Section 2. No hazing or initiation rites in anyform or manner by a fraternity, sorority ororganization shall be allowed without priorwritten notice to the school authorities or head oforganization seven (7) days before the conduct ofsuch initiation. The written notice shall indicate theperiod of the initiation activities which shall notexceed three (3) days, shall include the names ofthose to be subjected to such activities, and shallfurther contain an undertaking that no physicalviolence be employed by anybody during suchinitiation rites.
Section 3. The head of the school ororganization or their representatives mustassign at least two (2) representatives of theschool or organization, as the case may be, tobe present during the initiation. It is the duty ofsuch representative to see to it that no physicalharm of any kind shall be inflicted upon arecruit, neophyte or applicant.
Section 4. If the person subjected to hazingor other forms of initiation rites suffers anyphysical injury or dies as a result thereof, theofficers and members of the fraternity, sororityor organization who actually participated inthe infliction of physical harm shall be liable asprincipals. The person or persons whoparticipated in the hazing shall suffer:
1. The penalty of reclusion perpetua (lifeimprisonment) if death, rape, sodomy ormutilation results there from. 2. The penalty of reclusion temporal in itsmaximum period (17 years, 4 months and 1day to 20 years) if in consequence of the hazingthe victim shall become insane, imbecile,impotent or blind.
3. The penalty of reclusion temporal in itsmedium period (14 years, 8 months and oneday to 17 years and 4 months) if inconsequence of the hazing the victim shall havelost the use of speech or the power to hear or tosmell, or shall have lost an eye, a hand, a foot,an arm or a leg or shall have lost the use of anysuch member shall have become incapacitatedfor the activity or work in which he washabitually engaged.
4. The penalty of reclusion temporal in itsminimum period (12 years and one day to 14years and 8 months) if in consequence of thehazing the victim shall become deformed orshall have lost any other part of his body, orshall have lost the use thereof, or shall havebeen ill or incapacitated for the performance onthe activity or work in which he was habituallyengaged for a period of more than ninety (90)days
5. The penalty of prison mayor in itsmaximum period (10 years and one day to 12years) if in consequence of the hazing thevictim shall have been ill or incapacitated forthe performance on the activity or work inwhich he was habitually engaged for a periodof more than thirty (30) days.
6. The penalty of prison mayor in itsmedium period (8 years and one day to 10years) if in consequence of the hazing thevictim shall have been ill or incapacitated forthe performance on the activity or work inwhich he was habitually engaged for a periodof ten (10) days or more, or that the injurysustained shall require medical assistance forthe same period.
7. The penalty of prison mayor in itsminimum period (6 years and one day to 8years) if in consequence of the hazing thevictim shall have been ill or incapacitated forthe performance on the activity or work inwhich he was habitually engaged from one (1)to nine (9) days, or that the injury sustainedshall require medical assistance for the sameperiod.
8. The penalty of prison correccional in itsmaximum period (4 years, 2 months and oneday to 6 years) if in consequence of the hazingthe victim sustained physical injuries which donot prevent him from engaging in his habitualactivity or work nor require medicalattendance.
The responsible officials of the school or of thepolice, military or citizens army trainingorganization, may impose the appropriateadministrative sanctions on the person or thepersons charged under this provision evenbefore their conviction. The maximum penaltyherein provided shall be imposed in any of thefollowing instances:
(a) When the recruitment is accompanied byforce, violence, threat, intimidation or deceit onthe person of the recruit who refuses to join; (b) When the recruit, neophyte orapplicant initially consents to join but uponlearning that hazing will be committed on hisperson, is prevented from quitting;
(c) when the recruit, neophyte or applicanthaving undergone hazing is prevented fromreporting the unlawful act to his parents orguardians, to the proper school authorities, orto the police authorities, through force,violence, threat or intimidation; (d) when the hazing is committed outside ofthe school or institution; or (e) when the victim is below twelve (12)years of age at the time of the hazing.
The owner of the place where hazing isconducted shall be liable as an accomplice,when he has actual knowledge of the hazingconducted therein but failed to take any actionto prevent the same from occurring. If thehazing is held in the home of one of the officersor members of the fraternity, group, ororganization, the parents shall be held liable asprincipals when they have actual knowledge ofthe hazing conducted therein but failed to takeany action to prevent the same from occurring.
The school authorities including facultymembers who consent to the hazing orwho have actual knowledge thereof, butfailed to take any action to prevent the samefrom occurring shall be punished asaccomplices for the acts of hazing committedby the perpetrators.
The officers, former officers, or alumni of theorganization, group, fraternity or sorority whoactually planned the hazing although notpresent when the acts constituting the hazingwere committed shall be liable as principals. Afraternity or sororitys adviser who is presentwhen the acts constituting the hazing werecommitted and failed to take action to preventthe same from occurring shall be liable asprincipal.
The presence of any person during the hazingis prima facie evidence of participation thereinas principal unless he prevented thecommission of the acts punishable herein. Any person charged under this provisionshall not be entitled to the mitigatingcircumstance that there was no intention tocommit so grave a wrong.
This section shall apply to the president,manager, director or other responsibleofficer of a corporation engaged in hazingas a requirement for employment in themanner provided herein.
Section 5. If any provision or part of this Actis declared invalid or unconstitutional, theother parts or provisions thereof shall remainvalid and effective.
Section 6. All laws, orders, rules orregulations which are inconsistent with orcontrary to the provisions of this Act arehereby amended or repealed accordingly. Section 7. This Act shall take effect fifteen(15) calendar days after its publication in atleast two (2) national newspapers of generalcirculation.