IN MY 42nd column article, I discussed the death of Horacio Tomas Castillo III who was found dead in Tondo, Manila. The cause of his death was the welcoming or hazing rites of the Aegis Juris Fraternity.
A lot of people fussed about this, even questioning the legality and prevention measures of hazing rites.
The Anti-Hazing Act of 1995 or Republic Act No. 8049 does not really prevent hazing from taking place. The law only prohibits hazing when there is no prior written notice to school authorities or the organization head.
Revisiting the law, it defines hazing 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 law provides that the initiation rites may proceed when there is a written notice addressed to the school authorities or head organization seven days prior to the said event.
There should also be at least two representatives from the school present. Their duty is to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.
Unfortunately, the law is not always followed. I mentioned in my previous column that I hoped the provision of the law will be stricter such as imposing a penalty for non-compliance.
I also hoped that the definition of hazing will be more comprehensive, as well as the scope of liabilities and penalties for hazing offenders.
I was hoping. How much more those who are offended and aggrieved by these hazing rites? Imagine, there was only one conviction in the last two decades.
But there is good news. President Rodrigo Duterte has just signed a law that prohibits all forms of hazing. The new law is now the “Anti-Hazing Act of 2018” or Republic 11053.
The law provides for the expanded definition of hazing as “physical or psychological suffering, harm or injury inflicted on a recruit, neophyte, applicant or member as part of an initiation rite or a requirement for continuing membership in a fraternity or sorority or organization.”
The law also imposes harsher penalties on hazing death. If it results in death, rape, sodomy, or mutilation, those who planned and participated will suffer the penalty of reclusion perpetua and a P3-million fine. If the hazing does not result in these harms, the penalty would be reclusion perpetua and a P2-million fine. This is applicable to those who planned and joined the hazing as well as the officers of the organization and its adviser. Those who have actual knowledge but did not do anything about it can be considered as accomplices.
Those guilty of hazing are also not protected by any waiver and consent form signed by the neophyte or recruit.
Hazing is wrong in all senses. No more [young] people beaten to death. No more death in the name of brotherhood. May the new law protect and give justice to those who need it.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
