Hugging
the banner headlines and newscasts here this week is about the death of an applicant
for a fraternity due to hazing.
In
the first place, we do not wish to glorify the name of that hitherto unknown fraternity
which was perhaps founded in the boondocks somewhere in the hinterlands of the
province or elsewhere.
While
the students involved are from the Central Visayas State College of Arts, Forestry
and Technology and the Philippine Maritime Institute, the fraternity is certainly
underground and does not have the sanction of school authorities considering that
the initiation rites were held in the nearby Corella town late last week.
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As
of yesterday, the charge sheet has been filed with the provincial prosecution
office and the names of the officers and some members of that ragtag fraternity
have been much publicized including that of the fraternity master identified as
a certain "Almer" of PMI Colleges.
City
Mayor Dan Neri Lim vowed last Saturday that he will use an iron-fist policy to
get rid of gangsterism in Tagbilaran. We give him a 100% support for such crusade
and let's get started with the parents.
We
shall try to educate the parents about hazing first.
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The
anti-hazing law as embodied by Republic Act 8049 was signed into law by then Pres.
Fidel V. Ramos on June 10, 1995.
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/her to do menial, silly, foolish and similar tasks or activities or otherwise
subjecting him/her to physical or psychological suffering or injury."
Section
2 of said law requires that "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 initiations. 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".
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As
amplified above, there was such no authority given to the initiation rites last
week. And
what are the criminal liabilities considering that somebody died out of the hazing?
Section
4 of the anti-hazing law has the answer: "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 the penalty of reclusion
perpetual if death, rape, sodomy or mutilation results therefrom. The penalty
shall be imposed in the maximum considering that the hazing was held outside of
the school, as provided for by in letter d of Section 4.
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Here's
more. The owner of the place where the hazing is conducted shall be liable as
an accomplice, when he/she has actual knowledge of the hazing conducted therein
but failed to take any action to prevent the same from occurring.
If
the hazing is held in the home of one of the officers of members of the fraternity,
sorority, group, or organization, the parent 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.
Finally,
the responsible officials of the school may impose the appropriate administrative
sanctions on the person or persons charged even before their conviction.
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