Introduction
Fraternities and sororities are organizations aimed at promoting
brotherhood and sisterhood. Largely banking on the notion of
exclusivity, these organizations portray themselves as the express
pass to becoming part of the elite. Fraternity and sorority members
are referred to as the Greeks, since most of the fraternity and
sorority names are made up of Greek. The identification as the
Greeks sets them apart from those who are not members of any such
organization. In fact, in the University of the Philippines,
students who are not members of any fraternity are referred to as
Barbarians.
Much of the exclusivity stems from having to undergo a Neophyte
phase. During this phase, applicants or Neophytes undergo a series
of physical and mental tests to determine the commitment of the
applicant. The initiation phase is an equalizer for applicants who
come from different backgrounds. Each applicant must undergo the
initiation phase regardless of his stature or connections. It is
also a binding factor as it provides a shared experience between
the Masters/Ladies and the Neophytes. It is the series of steps
that one must take in order to be a full-pledged Brother or
Sister.
However, the concept of initiation rites is muddled with the
concept of hazing. Before the passage of the Anti-Hazing Law, the
concept of hazing as contemplated by applicants and Masters/Ladies
is the subjecting of the neophyte to physical and or mental
suffering. In my opinion, however, what sets the line is the fact
that the initiation phase entails a purpose for subjecting the
neophyte to specific conditions. Hazing, on the other hand, is the
intentional infliction of bodily or mental harm for purposes of
mere tradition and powertripping. Sadly, due to the plethora of
hazing-related deaths over the past decades, the two
termsinitiation phase and hazing, have been used
interchangeably.
In fact, RA 8049 or the Anti-Hazing Law itself 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 subject
him to physical or psychological suffering or injury. There is no
statement as to the purpose or intent of the activity.
The more mature and principled fraternity and sorority members
give high premium to the delineation between initiation rites and
hazing. The initiation process is a series of activities which
involves inculcating the traditions, principles, history, and
values as well as a test of commitment and loyalty. As a tradition,
it shows the exclusivity that is present in being a member of any
such group. It is undergone by all members regardless of social and
academic status. On the other hand, Hazing is the beating and
humiliating the neophyte because of retaliation and power-tripping.
Retaliation because some fraternity or sorority member who is
usually a junior had just undergone the same process and is very
eager to subject another person to the same treatment and
power-tripping because as the Master or Lady, one feels that he has
all the authority in the world to humiliate or harm the
neophyte.
The Initiation Rites
The initiation rites vary from one group to another. Generally
speaking, however, the initiation process is divided into the
presentation, neophyte phase, and final rites. The presentation is
the commencement of the initiation process. It involves the
introduction of both the organization and the applicant. The
neophyte phase is the period wherein the neophyte is being
indoctrinated of the organizations values, principles, and
traditions. Mental tests are common during this phase. The presence
of physicals vary depending on the organization. Some have
physicals all throughout the neophyte phase while some only have
them during the Final Rites. The Final Rites is the culmination of
the initiation process.
Some of the common initiation processes include the
following:
1. Paddling Hitting of neophytes through a paddle or belt. Some
organizations have strict guidelines as to how this is to be
undertaken with corresponding disciplinary actions given to the
Master/Lady if the guidelines are not followed2. Indian Run
Neophytes will run along two lanes of Masters/Ladies who will
punching or hitting the neophyte3. Candle Candle wax will be
dripped unto the onto the arms, back, or legs of the neophyte
4. Battery/Rounds Repeated beating, punching, kicking of the
neophytes5. Bicol Express Neophytes will be asked to sit on the
floor with their legs outstretched while Masters/Ladies would run
over their legs6. Recitation Neophyte must recite the principles
and values of the organization while being pressured by the
members.7. Trust tests It involves a series of trust activities
which may range from supposedly swallowing the spit of the members
which is actually only egg yolk, or following the member while the
neophyte is blindfolded.
History of Hazing in the Philippines
Initiation has long been present in the history of the
Philippines. It was used by our heroes during the recruitment for
members of the Katipunan. It is said that in a dark room, neophytes
were asked a barrage of questions and had to undergo a series of
physical tests and ultimately sign membership papers with his own
blood.
The Americans were also considered as the ones who brought the
culture of Collegiate Fraternities and their respective rituals and
traditions. After the Americans landed in the Philippines and new
universities started to emerge, so did fraternities,
confraternities, and sororities.
However, the hazing landscape changed drastically in the 1970s.
As then President Marcos was aware of the growing number of radical
and leftist student organizations, General Order No. 5 was issued.
It declared any gathering of 5 or more persons as illegal. However,
as Marcos was a fratman himself, fraternities, sororities, and
confraternities were exempted from this order. This led to the
birth of new fraternities and sororities. Some of these
fraternities and sororities were the aboveground versions of some
organizations which were forced to go underground such as the
Kabataang Makabayan. There is an urban legend that says that the
reason why some fraternities and sororities have physicals in their
initiation rites is to first, determine the commitment of the
person and ensure that he is not a Marcos spy and second, in case
the applicant is a Marcos spy, the physicals would be used to
terminate said person.
Hazing-related incidents, although isolated, have led to
increased attention on fraternities and sororities and their
respective initiation rites. The death of Lenny Villa in 1991
sparked a public outcry to end hazing. However, as most politicians
are fraternity or sorority members themselves, hazing was never
prohibited but was merely regulated.
Famous Hazing VictimsDespite the growing number of
Hazing-related deaths, only 1 case has ever reached the Supreme
Court. Although the Anti-Hazing Law was passed following the death
of Lenny Villa, it has not aided much in the pursuit of justice of
the families who have lost their son to fraternity initiation
rites. The following are just some of the multitude of hazing
victims:
1. Alex Icasiano Alexander Miguel Josef Icasiano was only 19
years old and a student of UP Diliman when he was declared Dead on
Arrival at the East Avenue Medical Center on August 16, 1998. It
was reported that he had contusions on the butt, shoulder, arms,
and knees. Two members of the Alpha Phi Beta fraternity were
convicted and spent two years in prison.2. Cris Anthony Mendez Cris
Anthony Mendez was a 20 year old graduating student of UP Diliman
when he died after sustaining bruises all over his body during the
initiation rites of the Sigma Rho Fraternity. His case is still
pending. 3. Chester Paulo Abracias Chester Paulo Abracias was 18
years old and a student at the Envarga University when he died
after taking part in the initiation rites of the Tau Gamma Phi
fraternity. His dead body was found wrapped in banana leaves. In
2013, one of the accused filed for a petition to declare some
provisions of the Anti-Hazing Law as unconstitutional.4. Marvin
Reglos Marvin Reglos was a 25 year old freshman at the San Beda
College of Law when he died following initiation rites of the
Lambda Rho fraternity. His case was concluded through an amicable
settlement between the suspects and his family.5. Marc Andre Marcos
Marc Andre Marcos was also a freshman law student at the San Beda
College of Law when he died due to hematoma sustained during the
initiation rites of the Lex Leonum fraternity. He was 21 years old.
The prosecution dismissed the case against the 10 members of the
Lex Leonum fraternity due to lack of evidence and probable cause.6.
Guillo Cesar Servando Guillo Cesar Servando is among the latest of
the hazing victims. He was 18 years old and a student of De La
Salle College of St. Benilde when he was found dead inside a condo
unit. He was left for dead by the members of the Tau Gamma Phi
Fraternity after a number of unsuccessful attempts to revive him.
The investigation regarding his death is ongoing and his fellow
neophyte has surfaced to identify some of the perpetrators.
Lenny Villa CaseIn February 1991, seven freshmen law students of
the Ateneo de Manila University School of Law signified their
intention to join the Aquila Legis fraternity. They were met by
members of Aquila Legis at the lobby of Ateneo Law. They were
informed that there will be physical beatings and that they can
quit anytime. The rites were scheduled to last 3 days.
During the initiation rites, the neophytes underwent Aquilan
initiation rites such as the Indian Run, Bicol Express, Rounds,
Auxies Privilege Round, paddling, comic plays, and rough
basketball. Lenny Villa received several blows, one of which was so
strong that it sent him sprawling to the ground. While the
neophytes were already sleeping, they woke up when they heard Lenny
shivering and mumbling as if he was already being delirious. The
fraternity members initially dismissed the incident thinking that
Lenny was only being overly dramatic. They only started to pay
attention and give medical attention when Lennys body became cold.
They brought Lenny to a hospital to seek immediate medical
attention but he was declared dead on arrival.
A criminal case was filed against 35 members of the Aquila Legis
Fraternity. The Trial Court held that although hazing was not yet a
crime, the acts of the Fraternity members were nonetheless
felonious and punishable under the Revised Penal Code. The Supreme
Court adopted this ruling and held that none of the fraternity
members had the intent to kill Lenny as the element of animus
iniuriandi was not proven beyond reasonable doubt. However, the
accused were nonetheless liable for reckless imprudence resulting
in homicide as there was patent carelessness during the initiation
rites.
The death of Lenny Villa led to the crafting and eventual
passage of the Anti-Hazing law. However, it cannot be applied to
his case as penal laws cannot be applied retroactively. Hence, the
Court could only convict the accused for the crime which was
present during the commission. The Supreme Court, however, was very
clear when it said that had the Anti-hazing law been in effect
during Lennys death, the accused would have been punished for
such.
RA 8049: Anti-Hazing LawRepublic Act 8049 or the Anti-Hazing Law
was passed in 1995. It was passed as an answer to the increasing
number of hazing-related injuries and deaths. Its actual title is
An Act Regulating Hazing and Other Forms of Initiation Rites in
Fraternities, Sororities, and Other Organizations and Providing
Penalties Therefor.RA 8049 defines hazing as an initiation rite or
practice which is deemed a prerequisite to be admitted into
membership in a fraternity, sorority, or organization by subjecting
the neophyte to humiliation or physical suffering or injury.
RA 8049 provides for the process required to be undertaken for
the conduct of initiation rites. It provides that the group should
provide a written notice to the school authorities or the
organization head seven days before the date of the planned
initiation. It should indicate the period, names of neophytes who
will be undergoing the initiation, and an undertaking that no
physical violence will be employed during the conduct of the
initiation. The initiation rites can only be conducted for a
maximum of three (3) days.
During the initiation rites, there must be a minimum of two (2)
representatives of the school or organization to be assigned by the
school or organization head. These representatives should ensure
that no physical harm of any kind will be inflicted on the
neophyte.The law also provides for the following penalties:
ResultPenalty
Death, rape, sodomy, mutilationReclusion Perpetua
Insane, imbecile, impotent, blindReclusion Temporal in Maximum
Period
Loss of use of speech, hearing, smell, vision, foot, arm, leg,
incapacitated to workReclusion Temporal in Medium Period
Deformed, lost any part of the body or use thereof,
incapacitated for more than 90 daysReclusion Temporal in Minimum
Period
Ill or incapacitated for more than 30 daysPrision Mayor in
Maximum Period
Ill or incapacitated for more than 10 daysPrision Mayor in
Medium Period
Ill or incapacitated for 1-9 daysPrision Mayor in Minimum
Period
Physical injuries which did not incapacitate him nor required
medical assistancePrision Correccional in Maximum Period
It further provides that the maximum penalty shall be given when
the recruitment was accompanied by force or threat, when the
applicant was prevented to quit, when the applicant who had
undergone hazing was prevented from reporting it, when the hazing
was committed outside of the school or institution, or when the
victim was below 12 years of age.
The said law also provides liabilities for the owner of the
place where the hazing was conducted, for the school authorities
who knew and consented to but failed to prevent the occurrence of
the hazing, for the members and alumni who planned although not
present during the hazing, and for the adviser who was present
during the rites.
The mitigating circumstance that there was no intention to
commit so grave a wrong shall not be available to the accused under
the said law.
Proposed Amendments to the Anti-Hazing Law
I. Prohibit Hazing
The Anti-Hazing Law itself does not prohibit hazing. As the
title suggests, it merely regulates the conduct of hazing. Although
it provides for a process and corresponding penalties, it does not
prohibit. The law was intended to be mala prohibita. However, a
careful reading of the said law only prohibits the organizations
from conducting initiations without informing the school
authorities. It does not prohibit the conduct of the act
altogether.
II. Provide penalties for mental suffering
Although the law includes mental suffering in its definition of
hazing, the penalties provided only apply to physical suffering.
The penalties are graduated depending on the effect on the physical
effect or number of days of incapacitation. However, it does not
take into consideration the fact that the effect of mental anguish
cannot be easily determined or quantified into days. Hence, if the
neophyte was subjected to extreme mental torture but was neither
killed, mutilated, nor unavailable to work, then the perpetrator
cannot be punished.
III. Provide stricter liability on the part of the school
authorities
The school acts as substitute parents for its students during
their stay in the school. However, the recent hazing-related deaths
have only shown lack of cooperation from the schools out of their
fear of scandal or a tarnished reputation. RA 8049 only provides
penalties for the school authorities who knew of, consented to, and
did not prevent the conduct of hazing. However, it does not provide
a liability on the school authorities as to their failure to
monitor their students, student organizations, and student
activities. It limits the liability to only those who had prior
knowledge. It does not, however, punish the school as to its
failure to act as substitute parents and perform an active duty to
oversee its students.
IV. Require parental consent
Neophytes are usually recruited in their freshman year. Hence,
they are usually minors and are presumed not to be fully able to
understand the repercussions of their actions. Furthermore, even if
the recruits are no longer minors, they are usually supported by
their family. Hence, it is only but proper to eliminate the secrecy
accompanying recruitment and initiation rites and provide
transparency so as to further discourage the conduct of unlawful
initiation.
V. Provide aggravating circumstances and corresponding
penalties
The presence of illegal drugs and liquor can definitely alter
the outcome of any initiation as there is less control and care.
Untoward sexual behavior not amounting to rape must also be
considered and given appropriate punishment.
Conclusion and Recommendations
Fraternities and sororities are not at all bad. They provide a
venue for camaraderie, friendship, volunteerism, service, and
leadership. However, the benefits cannot be fully appreciated if
the harm is too heavy to ignore.
What is destructive to the system is not the presence of the
fraternities and sororities but the culture which is so deep within
the core of these organizations. Traditions and rituals are
difficult to change especially when these are the common
denominators among the members.
Any fraternity or sorority member will tell you during
recruitment that they dont intend to kill the neophyte as a dead
neophyte is useless. However, intent is not importance since
hazing-related deaths are almost always caused by negligence and
irresponsibility. Some guidelines are not followed and some
organizations do not even have guidelines at all. Some dont have
medical practicioners or equipment available onsite in case of
emergencies.
There should be a strong sense of involvement not only from the
side of law enforcement but as well as from the side of the school
and organizations. There must be an active effort from the side of
the organizations to reflect on the conduct of initiation and which
rites should be stopped. New alternatives to physical rites can be
pursued to determine commitment and loyalty of the neophyte.
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Bloody Brotherhood: A Discussion on the Culture of Hazing in the
Philippines and a Review of the Anti-Hazing LawPage 18 of 18