Thicker Than Blood:

A Research Proposal of the Effectivity of the Anti-Hazing Law

Submitted to:
Atty. Juan De Castro
Legal Research Professor

By
Matthew Benedict A. Galvan
G02

Introduction

An individual tend to seek a sense of belonging as a part of their human nature. Particularly on a group of people having the same ideal, behavior
and goals. It is how we humans socialize. People such as students, athletes, veterans, professionals etc. involve their selves in associations, guilds, clubs,
fraternities and all other organizations in order to contribute, sought and establish a much effective community dealing on a particular field.

This research seeks to study particular issues involving fraternities

As defined, a fraternity (from Latin frater: "brother"; "brotherhood"), fraternal order or fraternal organization is an order, organization, society or a club
of men associated together for various religious or secular aims. [1] They are group of people associated or formally organized for a common purpose, interest,
or pleasure usually with secret initiation and rites and a name composed of two or three Greek letters. [2]
Hazing as a part of initiation rites

REPUBLIC ACT NO. 8049

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 [3]

________________
[1] Wikipedia, an online encyclopedia, https://en.wikipedia.org/wiki/Fraternity
[2] Merriam-Webster, online dictionary, http://www.merriam-webster.com/dictionary/fraternity
[3] ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES
THEREFOR, R. A No. 8049, Sec 1. (1995) (Phil.)

Why Hazing is important?

As a consequence of undergoing this very unpleasant experience together, the swab class develops remarkable unity

Intended to break down individualism and to instill the uniform values espoused by the institution
Strip each young recruit of his original identity and remold him
Through a process that teaches them not only fraternity but also equality among, peers, selflessness and even a type of civic virtue. The willingness to put the good of the group ahead of ones own particular
interest [4]

Hazing deaths in the Philippines: A Recent History

Some are reported deaths due to hazing since 2000 cited below which did not lead to justice for the victims' families.

2014

Guillo Servando An 18-year-old Benilde sophomore believed to have suffered severe beating and died following initiation rites under the Tau Gamma
fraternity.

2013

John Mark Dugan A 19-year-old sophomore marine cadet in the Maritime Academy of Asia and the Pacific whose death was linked to hazing.

2012

Marc Andre Marcos A 20-year-old San Beda University law student who was allegedly beaten to death by members of Lex Leonum fraternity. The
accused were cleared from charges in 2013.

Marvin Reglos A 25-year-old San Beda law student was reportedly killed during hazing rites held by the Lambda Rho Beta fraternity in Antipolo City.

2017

Horacio Castillo III Castillo, 22, was a University of Santo Tomas (UST) law freshman who was found unconscious on September 17 in Tondo, Manila.
He had earlier participated in hazing rites of the Aegis Juris fraternity. [5]

_______________________
[4] R. Claire Snyde, Citizen-Soldiers and Manly Warriors (1999)

[5] Camille Diola, Gaea Katreena Cabico, History of hazing deaths in the Philippines,
http://www.philstar.com/news-feature/2014/07/10/1344288/hazing-deaths-philippines-recent-history (last updated Updated October
25, 2017 - 4:34pm)

Is Hazing absolutely prohibited?

Sec 4. 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. [6]

Contrary to popular belief, hazing is not prohibited but merely regulated, it seeks to punish the criminal act done by a person, Under RA 8049, in order for hazing to be valid:

Prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation

2. 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.

3. The written notice shall contain an undertaking that no physical violence be employed by anybody during such initiation rites.

4. At least two (2) representatives of the school or organization should 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. [7]

[7] ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES
THEREFOR, R. A No. 8049, Sec 2 and 3. (1995) (Phil.)

Anti-Haizng Law ineffective?

Justice Secretary Vitaliano Aguirre II wants more teeth in the implementation of Republic Act 8049 or the Anti-Hazing Law following the recent fatal hazing of University of
Santo Tomas law freshman Horacio Castillo III.

Aguirre has supported moves in Congress to amend the 22-year-old law that regulates initiation rites and prohibits physical harm and violence against applicants in fraternities
and sororities.

[8] Edu Punay Aguirre wants more teeth in anti-hazing law,

http://www.philstar.com/headlines/2017/09/25/1742482/aguirre-wants-more-teeth-anti-hazing-law (last updated Updated September 25, 2017 - 12:00am)

Actually, hindi siya anti-hazing law, Gatchalian said of the Anti-Hazing Law of 1995. 'Pag binasa mong mabuti yung batas,
pinapayagan ang hazing; ang ipinagbabawal ay iyong pagkamatay.

Senator says Anti-Hazing Law allows hazing, must

[9]

be overhauled
http://www.gmanetwork.com/news/news/nation/626338/solon-says-anti-hazing-law-allows-hazing-must-be-overhauled/story/ (last updated September 19, 2017 10:17am)

Despite the number of deaths resulting from violent initiation rites, our youths have not learned their lessons, said Jimenez.

The VACC chairman also said that even with existence of the anti-hazing law, fraternities and sororities were still performing the illegal practice because they know they
could get away with it.

The slow and corrupt justice system and the padrino system where influential officials of the fraternity coddled erring members of the brotherhood has made the anti-
hazing law ineffective, Jimenez said

VACC asks Congress to hasten amendments to 20-

[10]JEFFERSON ANTIPORDA,

yar-old anti-hazing law

ON SEPTEMBER 21, 2017
http://www.manilatimes.net/vacc-asks-congress-hasten-amendments-20-yar-old-anti-hazing-law/351889/
 Legal Issue

Whether or not the regulatory features of the Anti-Hazing Law renders it ineffective

Purpose

The purpose of this paper is to provide us students, who are common fraternity hazing victims, a much clearer perception and view of the Anti-hazing law.
Particularly on why is it still ineffective especially to fraternities since it was enacted into a law. This paper seeks to have a full grasp or knowledge why other
portions of the act is constructed in a way, and also sought to understand why thus these particular sections in the act affects the effectivity of the law itself.
Fraternities forms part of our community nowadays, they planted themselves on our society since the beginning and their roots grow deeper as long as there is
no tool developed yet to cut down the wrong practice of their tradition. The never ending battle against the injustice brought by these criminal acts remains
unpunished and one of the contributory factors are the loopholes of the republic act itself. Conducting a research on this topic can pinpoint defective provisions
and can raise more important issues, concerns and rights to be observed in which, later on can be heard by those who are in position. Showing them that there
are concerned persons, citizens, professionals and students in this country who wants a change.

1.) Research Methodology

Primary Sources

Pertinent provisions which regulates the anti-hazing under R.A 8049

Rights to self-organization under Art. III Section 8 of the 1987 Constitution
Villareal vs. People of the Philippines

Secondary Sources

Recent Issues
Being familiar to recent debates, arguments or controversies with the use of Internet for more up to date events, which can aid me to understand the side of the
accused and his way of defense.

! Provisions and Jurisprudence

I will be conducting my research mostly on relevant provisions and republic act such as the , Also cases relevant, such as [9]

!
! Constitutionality
RA No. 8049 would acted in excess of jurisdiction in pointing out that other co frat members will be considered as a principal even if not present in the
commission of the crime.

Makeshift Thesis Outline

Title Topic:
Thicker than Blood, A Research of Liabilities Under the Anti-Hazing Law
Introduction to Topic
Chapter 1: Fraternity
Definition of Fraternity
Advantages and Disadvantages
Initiation Rites
Hazing
Why Is It Considered As A Tradition
Physical and Psychological Effects
Chapter 2: Anti-Hazing Act
Republic Act No. 8049
What It Seeks to Punish
Persons Liable
Imposed Penalty and Sentence
Is it Absolutely Prohibited?
Misconceptions
Conditions Need To Be Observed For a Valid Hazing
Chapter 3: Legal Issue
Intro to Legal Issue
Issue sought to be resolve
Why Is It a Valid Legal Issue?
Supporting Issues, Cases and Arguments Relevant
Chapter 4: Application of Law
Art. 17 of the Revised Penal Code
Definition of Principal
Circumstances That Must be Taken Into Consideration to Be Liable As a Principal
Correlation of Art. 17 to RA No. 8049 As to Definition of Principal
Whether or Not Art. 17 Can Be Taken Into Consideration In Determining The Principal On The Actual Legal Issue Presented