Professional Documents
Culture Documents
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.
IV.
V.
VI.
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?
http://wiki.answers.com/Q/How_did_the_fraternities_in_the_Philippines_start
http://en.wikipilipinas.org/index.php?title=Fraternities_in_the_Philippines
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
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
R. Narag, Inside the brotherhood: Thoughts on Fraternity Violence, December 2009, page
http://oj-lopez.blogspot.com/2012_03_01_archive.html
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
11
12
http://www.lawphil.net/statutes/repacts/ra1995/ra_8049_1995.html
13
http://ph.news.yahoo.com/search-recognition-070622070.html
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
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.
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
Rate
response
9
of
why
students
joined
the
8
7
7
6
5
5
5
3
3
2
Regulation
Total Eradication
27.18
72.82
Respon
se
2
40
2
10
13
3
3
1
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
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
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
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
Association
22
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