Anti-Hazing Law (R.A. 8049)

Anti-Hazing Law (R.A. 8049)By:Karyl Stephanie L. VillanuevaVillareal v. People, G.R. No. 151258In February 1991, seven freshmen law students of the Ateneo de Manila University School of Law signified their intention to join the Aquila Legis Juris Fraternity (Aquila Fraternity).On the night of 8 February 1991, the neophytes were met by some members of the Aquila Fraternity (Aquilans) at the lobby of the Ateneo Law School. They all proceeded to Rufos Restaurant to have dinner. Afterwards, they went to the house of Michael Musngi, also an Aquilan, who briefed the neophytes on what to expect during the initiation rites. The latter were informed that there would be physical beatings, and that they could quit at any time. Their initiation rites were scheduled to last for three days. After their briefing, they were brought to the Almeda Compound in Caloocan City for the commencement of their initiation.Even before the neophytes got off the van, they had already received threats and insults from the Aquilans. As they were walking to the compound, some of the Aquilans delivered physical blows to them.1st day of initiation: the Indian Run, which required the neophytes to run a gauntlet of two parallel rows of Aquilans, each row delivering blows to the neophytes; the Bicol Express, which obliged the neophytes to sit on the floor with their backs against the wall and their legs outstretched while the Aquilans walked, jumped, or ran over their legs; the Rounds, in which the neophytes were held at the back of their pants by the auxiliaries (the Aquilans charged with the duty of lending assistance to neophytes during initiation rites), while the latter were being hit with fist blows on their arms or with knee blows on their thighs by two Aquilans; and the Auxies Privilege Round, in which the auxiliaries were given the opportunity to inflict physical pain on the neophytes2nd day of initiation: the neophytes were made to present comic plays and to play rough basketball. They were also required to memorize and recite the Aquila Fraternitys principles. Whenever they would give a wrong answer, they would be hit on their arms or legs. The neophytes were subjected to the same manner of hazing that they endured on the first day of initiation3rd day of initiation: accused non-resident or alumni fraternity members Fidelito Dizon (Dizon) and Artemio Villareal (Villareal) demanded that the rites be reopened. The head of initiation rites, Nelson Victorino (Victorino), initially refused. Upon the insistence of Dizon and Villareal, however, he reopened the initiation rites. The neophytes were then subjected to paddling and to additional rounds of physical pain.

Lenny (victim) received several paddle blows, one of which was so strong it sent him sprawling to the ground. The neophytes heard him complaining of intense pain and difficulty in breathing. After their last session of physical beatings, Lenny could no longer walk. He had to be carried by the auxiliaries to the carport where they were to sleep.

After an hour of sleep, the neophytes were suddenly roused by Lennys shivering and incoherent mumblings. Initially, Villareal and Dizon dismissed these rumblings, as they thought he was just overacting. When they realized, though, that Lenny was really feeling cold, some of the Aquilans started helping him. They removed his clothes and helped him through a sleeping bag to keep him warm.

When his condition worsened, the Aquilans rushed him to the hospital. Lenny was pronounced dead on arrival.

There were 26 accused Aquilans.CA JUDGMENT: since one of the accused died already, judgment was rendered against the remaining 25. 19 were acquitted, 4 were charged with slight physical injuries, and two of the accused-appellantsFidelito DizonandArtemio Villareal were found guilty beyond reasonable doubt of the crime of homicideEventually led to the passage of RA 8049

What is Hazing?It is 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 to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. Are there allowed initiation rights? Yes.

The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's Army Training.

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 Forces of the Philippines and the Philippine National Police as approved by the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act.

Who are liable as principals?If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals.

If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.

The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals.

A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal.

The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein.

Who are liable as accomplices?The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators.

These sections shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein.Punishable ActsThe person or persons who participated in the hazing shall suffer:1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results there from.

2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 years and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged.

4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 months) if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days. 5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days.

6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall require medical assistance for the same period.

7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical assistance for the same period.

8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 years) if in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance.

7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical assistance for the same period. 8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 years) if in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance. When will the maximum penalty be imposed?(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join;

(b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting; (c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation; (d) when the hazing is committed outside of the school or institution; or (e) when the victim is below twelve (12) years of age at the time of the hazing.

Exceptions: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 Forces of the Philippines and the Philippine National Police

hazing or initiation rites (as long as it is without physical violence) by a fraternity, sorority or organization shall be allowed if with prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation, indicating the period of the initiation activities (not more than 3 days), shall include the names of those to be subjected to such activities.

Is Praeter intentionem applicable?Praeterintentionem iswheretheconsequencewentbeyondthatis endedor expected. This is a mitigating circumstance (Art. 13, par. 3, RPC) when there is a notoriousdisparity between the act or means employed by the offender and the resulting felony.

NO.Section 4 expressly states that Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.

CASE