Effectiveness of Ra 8049 or Anti-Hazing Law Free Essay Example

Under the Anti-Hazing Law, hazing is defined as “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. 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 [are not] considered as hazing”.

(Section 1)

Requirements

1. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization 7 days before the conduct of such initiation.

The written notice shall indicate: 1) the period of the initiation activities which shall not exceed 3 days, shall include 2) the names of those to be subjected to such activities, and shall further contain 3) an undertaking that no physical violence be employed by anybody during such initiation rites. (Section 2)

2. The head of the school or organization or their representatives must assign at least 2 representatives of the school or organization, as the case may be, to be present during the initiation.

It is the duty of such representative to see to it that no physical harm of any kind shall be
inflicted upon a recruit, neophyte or applicant. (Section 3)

Liability for Hazing

Section 4 of the Anti-Hazing Law defines those criminally liable as principals and accomplices.

Criminal Liability

1. 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. The 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 blind. 3) 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 more than 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 more than 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 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 1 to 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.

2. 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.

3. 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.

Accomplices

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.

Liability of Owners of the Hazing venue

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.

Administrative Liability

The responsible officials of the school or of the police, military or citizen’s army training organization, may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. The maximum penalty herein provided shall be imposed in any of the following instances:

1. When the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join; 2. 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; 3. 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; 4. When the hazing is committed outside of the school or institution; or 5. When the victim is below 12 years of age at the time of the hazing.

The law states that it applies to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner above mentioned.

Lastly, the law specifies that any person charged is not entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.

Had the Anti-Hazing been in place in 1991, those acquitted of causing Lenny Villa’s death may still be languishing in jail. (Although, perhaps, had our prosecutors been more diligent in their prosecution of all accused in the death of Lenny Villa, there would at least have been more than 5 convictions – even without the Anti-Hazing Law.)

But why do hazing deaths continue to occur despite the law? It is significant to note that the Supreme Court decision on the hazing-death of Lenny Villa, as quoted above, recognizes that: the hazing “rituals were performed with Lenny’s consent” and “even after going through Aquila’s grueling traditional rituals during the first day, Lenny continued his participation and finished the second day of initiation.”

The law cannot prohibit some people from wanting to belong and willing to tolerate certain rituals to be accepted as a member of a group, nor can the law prevent some people’s inclination to violence or abuse. So at all times, the willing neophyte’s welfare depends on being hazed by a group of non-violent handlers. But that is never guaranteed. Since the risk exists that the neophyte will be hazed by a group of people prone to violence by nature, by pressure or some substance, it may be all left to the individual (or the family rearing him/her) to eliminate that risk by declining the membership (or convincing said individual to decline) as early as possible.

We must see hazing as much more than a legal issue, say, like drugs. It is not enough to stop drug production and trafficking. People must learn to just say “No.” Those inclined to join should be aware that certain activities benignly termed as rites of passage may very well lead to funeral rites, of their own. (Siesta,2012)

Statement of the Problem

The purpose of the study was to investigate the effectiveness of a Fraternity or Sorority in a specific area, the benefits that an individual get from joining it and how it should be observed. Specifically, it sought answers to the following questions: 1. How effective is Republic Act 8049: Anti-Hazing Law?

2. Are the rules and limitations on practicing initiation rites under RA 8049 properly observed? 3. What are the perceived solutions proposed by the respondents to resolve the lack of implementation of RA 8049? Conceptual Framework

1. Hazing – Section 1. Hazing, as used in this Act, 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. 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 ny 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.

2. Rules and Limitation – Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.

Section 3. The head of the school or organization or their representatives must assign at least two (2) representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.

4. Problems due to hazing –

Physical injury – Damage or harm done to or suffered by a person or thing:  humiliation- The state of being humiliated or disgraced; shame. depression- A psychiatric disorder characterized by an inability to concentrate, insomnia, loss of appetite, anhedonia, feelings of extreme sadness, guilt, helplessness and hopelessness, and thoughts of death. Also called clinical depression psychological disorder- a psychological disorder of thought or emotion; a more neutral term than mental illness death – a permanent cessation of all vital functions; the end of life.

4. Strict implementation of the R.A 8049 or the Anti-Hazing Law shall be observed by the government because sometimes the government forget about this Republic Act and set it aside.

Significance of the Study
T

he researcher considered the following institutions that will sort benefit of the study. These are the following: Government for them to take action and lessen the crimes that were brought up by unlawful initiation process. Society gives awareness to what are the rules and limitations that should be observed in the initiation process. Neophyte gives them awareness and let them understand what the legal procedures in conducting initiation process are. Future Researchers results of this study maybe used as reference by future researchers.

Scope and Delimitation of the Study

The parameters of the study pertain to the effectiveness and implementation of Republic Act 8049 which is known to be the Anti-Hazing Law. The researcher studies about the perception of law-makers and individuals expert in the field of law. The researcher prepared interview questions that will be answered by 5 or more respondents which happen to be law-makers and individuals expert in the field of law. The set of questions prepared by the researchers are bound with the questions in the statement of the problem, for example how effective is Republic Act 8049: Anti-Hazing Law, are the rules and limitation in conducting initiation rites are properly observed.

Definition of terms

Accomplice refers to one who knowingly, voluntarily, or intentionally, and with common intent and criminal purpose shared with the principal offender, solicits or encourages another to commit a crime or assists or attempts to assist in its planning and execution.

Brotherhood refers to an association of men, such as a fraternity or union, united for common purposes. Congeniality refers to having the same nature, disposition, or tastes. Connation refers to a commonly understood subjective cultural or emotional association that some word or phrase carries, in addition to the word’s or phrase’s explicit or literal meaning, which is its denotation. Conviviality refers to fond of feasting, drinking, and good company; sociable. Curriculum refers to all the courses of study offered by an educational institution. Disdained refers to regard or treat with haughty contempt; despise.

Dissipation refers to wasteful expenditure or consumption
Fraternity refers to a chiefly social organization of men students at a college or university, usually designated by Greek letters.
Freemason refers to an international fraternal and charitable organization with secret rites and signs.
Initiation refers to a ceremony, ritual, test, or period of instruction with which a new member is admitted to an organization or office or to knowledge. Insignia refers to a badge of office, rank, membership, or nationality; an emblem.

Law refers to a rule of conduct or procedure established by custom, agreement, or authority.
Masonry refers to a work done by a mason.
Menial refers to a person who has a servile or low nature
Neophyte refers to a novice or beginner
Protection refers to the state of being protected.
Solidarity refers to a union of interests, purposes, or sympathies among members of a group; fellowship of responsibilities and interests.
Sorority refers to a chiefly social organization of women students at a college or university, usually designated by Greek letters.