Amending R.A. No. 11053 ( Anti-hazing Act of 2018)

Senale Office of the Secretary TWENTIETH CONGRESS OF THE SEP -1 P3:09 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE S. No. 1318 Introduced by Senator Raffy T. Tulfo AN ACT AMENDING REPUBLIC ACT NO. 11053 OTHERWISE KNOWN AS AN ACT PROHIBITING HAZING AND REGULATING OTHER FORMS OF INITIATION RITES OF FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF, OR THE ANTI-HAZING ACT OF 2018 EXPLANATORY NOTE Despite the enactment of Republic Act No. 11053, or the Anti-Hazing Act of 2018, incidents of hazing continue to persist. This shows how difficult it is to change long-held traditions. People often think that shared experiences create lifelong bonds, so the idea of brotherhood or sisterhood may seem like a great advantage after a long and difficult initiation process, or even an unavoidable requirement, especially in organizations like the military. Still, this line of thinking perpetuates a harmful cycle, where pain and shared trauma are seen as signs of belonging and pride. On October 1, 2024, the Manila Regional Trial Court (RTC) Branch 11 promulgated a decision that found ten (10) members of the Aegis Juris Fraternity guilty of being directly involved in the hazing and death of University of Santo Tomas (UST) law freshman Horacio "Atio" Castillo III in 2017. The Anti-Hazing Act of 1995, also known as Republic Act No. 8049, sentenced these people to reclusion perpetua, which is like twenty (20) to forty (40) years in prison. 1 1 https://newsinfo.inquirer.net/1988827/10-frat-men-get-40-years-for-deadly-castillo-hazing

By instilling in people that no relationship, connection, benefit, or tradition is worth risking a life or a future lost to jail time, schools can play a crucial role in changing this narrative. The court decision showed that there were glaring gaps in the law because the school, its officials, and its administrators were not held responsible. This culture is not confined to schools and universities alone. The incident involving Private Charlie G. Patigayon, who passed away on July 30, 2025, following reception rites with senior members of his new infantry battalion, further underscores that initiation rites and hazing continue to exist even in institutions such as the military. The father of Private Patigayon sought assistance from the public service program Wanted sa Radyo. The Philippine Army has acknowledged the incident and relieved the involved officers while investigations are conducted to determine administrative and criminal liability. By holding commanding officers and higher-ranking officials accountable under the principle of command responsibility, the incident highlights the necessity of strengthening prevention and deterrence. The lack of accountability for institutions and organizations tasked with ensuring the safety and welfare of their members emphasizes the urgent need for legislative reform. Schools, military units, fraternities, sororities, and other organizations must all be compelled to adopt proactive measures to prevent hazing, while accountability should not be confined only to those directly engaged in hazing. The proposed amendments would make it legally possible for schools and organizations, as well as property owners, vehicle owners, commanding officers, and other superiors, to be held liable as presumption of knowledge and participation is also introduced. Accordingly, the proposed amendments aim to break the cycle of hazing by holding accountable all those who enable, tolerate, or fail to prevent acts of hazing. The amendments replace old traditions with a culture of safety, respect, and accountability. In view of the foregoing, immediate approval of this bill is earnestly sought. RAFFY T. TULFO

Senate Offer of the Botretary TWENTIETH CONGRESS OF THE 25 SEP -1 P3:09 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE S. No. 1318 Introduced by Senator Raffy T. Tulfo AN ACT AMENDING REPUBLIC ACT NO. 11053 OTHERWISE KNOWN AS AN ACT PROHIBITING HAZING AND REGULATING OTHER FORMS OF INITIATION RITES OF FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF, OR THE ANTI-HAZING ACT OF 2018 Be it enacted by the Senate and House of Representatives of the Philippines in Congress Assembled:

Section. 1. A new Section 7 is hereby inserted after Section 6 of Republic Act No.

11053, otherwise known as the "Anti-Hazing Act of 2018" and the subsequent sections 3 shall be renumbered accordingly: "SEC. 7. ACCOUNTABILITY FOR UNRECOGNIZED OR UNREGISTERED FRATERNITIES, SORORITIES, AND ORGANIZATIONS, - SCHOOLS SHALL TAKE PROACTIVE STEPS TO IDENTIFY AND MONITOR THE ACTIVITIES OF FRATERNITIES, SORORITIES, AND OTHER GROUPS THAT ARE OPERATING IN THEIR AREA, EVEN IF THESE GROUPS ARE NOT OFFICIALLY RECOGNIZED OR REGISTERED. STUDENTS, FACULTY, AND SCHOOL OFFICIALS ARE URGED TO REPORT ANY RECRUITMENT ACTIVITIES TARGETING STUDENTS THAT ARE BEING CARRIED OUT BY UNREGISTERED OR UNRECOGNIZED FRATERNITIES, SORORITIES, OR ORGANIZATIONS. TO FACILITATE SUCH REPORTING, SCHOOLS, IN

COORDINATION WITH BARANGAY, MUNICIPAL, OR CITY OFFICIALS, AS WELL AS LAW ENFORCEMENT AGENCIES, SHALL ESTABLISH CLEAR AND ACCESSIBLE MECHANISMS FOR REPORTING SUCH ACTIVITIES. THESE MECHANISMS WILL INCLUDE ANONYMOUS REPORTING SYSTEMS THAT ARE MEANT TO ASSURE THE SAFETY AND PRIVACY OF THE PEOPLE WHO PROVIDE INFORMATION. THIS ASSURES THAT THE DUTY TO DISCLOSE AND MONITOR GOES BEYOND THE SCHOOL AND INCLUDES LOCAL GOVERNMENT UNITS AND LAW ENFORCEMENT AGENCIES TO MAKE IT EASIER TO IDENTIFY AND MONITOR UNREGISTERED OR UNRECOGNIZED FRATERNITIES, OR SORORITIES, ORGANIZATIONS. SCHOOLS SHALL BE MANDATED TO MONITOR AND INVESTIGATE REPORTS OF HAZING OR OTHER ILLEGAL ACTIVITIES INVOLVING UNREGISTERED FRATERNITIES, SORORITIES, OR ORGANIZATIONS BY CONDUCTING ROUTINE CHECKS ON PROPERTIES BOTH ON- CAMPUS AND OFF-CAMPUS FREQUENTED BY STUDENTS AND COORDINATING WITH LOCAL BARANGAY, MUNICIPAL, OR CITY OFFICIALS, AS WELL AS LAW ENFORCEMENT AGENCIES, TO FACILITATE THE EXCHANGE OF INFORMATION AND SUPPORT THE PREVENTION AND INVESTIGATION OF HAZING-RELATED INCIDENTS. IN THE EVENT THAT A SCHOOL IMPLEMENTS A BAN ON FRATERNITIES, SORORITIES, OR ORGANIZATIONS, IT MUST ADHERE TO THE REQUIREMENTS PROVIDED IN THIS SECTION AND PROVIDED UNDER SECTION 9 OF THIS ACT. FAILURE TO ENFORCE THESE MEASURES WILL RESULT IN A LEGAL PRESUMPTION OF NEGLIGENCE ON THE PART OF THE SCHOOL WHEN HAZING INCIDENTS OCCUR WITHIN ITS JURISDICTION OR INVOLVE ITS

STUDENTS, UNLESS IT IS PROVEN THAT THE SCHOOL IMPLEMENTED THE MEASURES PROVIDED IN THIS SECTION AND SECTION 9 OF THIS ACT

Sec. 2. A new Section 13 is hereby inserted after a renumbered Section 12 of the

same Act and the subsequent sections shall be renumbered accordingly:

SEC. 13. REQUIREMENT TO REGISTER IN THE POLICE STATION HAVING

JURISDICTION OVER THEIR LOCALITY. - IN ADDITION TO THE REGISTRATION REQUIREMENTS PROVIDED UNDER SECTIONS 6 AND 10 OF THIS ACT, FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS, WHETHER SCHOOL-BASED OR COMMUNITY-BASED, SHALL LIKEWISE BE REQUIRED TO REGISTER UNDER OATH WITH THE LOCAL POLICE STATION THAT HAS JURISDICTION OVER THEIR LOCALITY. THE SAID REGISTRATION SHALL LIST ALL THE OFFICERS AND MEMBERS OF EACH FRATERNITY, SORORITY, AND OTHER ORGANIZATION AND SHALL BE COLLECTED BY THE PHILIPPINE NATIONAL POLICE TO BE INCLUDED IN A NATIONAL DATABASE OF FRATERNITIES AND SORORITIES MEMBERSHIP NATIONWIDE. THE LIST OF OFFICERS AND MEMBERS SUBMITTED TO THE LOCAL POLICE STATION SHALL BE UPDATED ANNUALLY, AND SHALL LIKEWISE BE REVISED IMMEDIATELY UPON ANY CHANGE IN OFFICERS OR MEMBERS. THE FAILURE OR REFUSAL OF THE ORGANIZATION TO COMPLY WITH THE SAME REQUIREMENT SHALL BE PRIMA FACIE PRESUMPTION OF THE ORGANIZATION'S ILLEGAL ACTIVITIES.

Sec. 2. Section 13 of the same Act is hereby amended and renumbered as Section

15 to read as follows: SEC. [13] 15. Administrative Sanctions. - The responsible officials of the school, the uniformed learning institutions, the AFP, or the PNP may impose the

appropriate administrative sanctions, after due notice and summary hearing, on the person or persons charged under this Act even before their conviction. THE IMMEDIATE COMMANDING OFFICER AND OTHER SUPERIORS IN THE CHAIN OF COMMAND SHALL BE PRESUMED NEGLIGENT UNDER THE PRINCIPLE OF COMMAND RESPONSIBILITY IF HAZING IS CONDUCTED BY THEIR SUBORDINATES DURING TRAINING, RECEPTION RITES, INITIATION, OR ANY SIMILAR ACTIVITY: PROVIDED, THAT THIS PRESUMPTION MAY BE REBUTTED BY SUBSTANTIAL EVIDENCE THAT THE COMMANDING OFFICER OR SUPERIOR EXERCISED EXTRAORDINARY DILIGENCE TO PREVENT HAZING, AND IMMEDIATELY TOOK ACTION TO INVESTIGATE AND REPORT THE INCIDENT.

Sec. 2. Section 14 of the same Act is hereby amended and renumbered as Section

16 to read as follows: "SEC. [14] 16. Penalties. - The following penalties shall be imposed: XXX (b) The penalty of reclusion perpetua and a fine of Two million pesos (P2,000,000.00) shall be imposed upon; (1) All persons who actually planned or participated in the conduct of the hazing; (2) All incumbent officers of the fraternity, sorority, or organization, WHETHER OR NOT THEY ARE PHYSICALLY PRESENT DURING THE HAZING; XXX

(5) Officers or members of a fraternity, sorority, or organization who knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat; [and] (6) Members of the fraternity, sorority, or organization who are present during the hazing when they are intoxicated or under the influence of alcohol or illegal drugs; (7) THE OWNER OR LESSEE OF THE PLACE WHERE HAZING IS CONDUCTED SHALL BE LIABLE AS PRINCIPAL, WHEN SUCH OWNER OR LESSEE HAS ACTUAL KNOWLEDGE OF THE HAZING CONDUCTED THEREIN BUT FAILED TO TAKE ANY ACTION TO PREVENT THE SAME FROM OCCURRING OR FAILED TO PROMPTLY REPORT THE SAME TO THE LAW ENFORCEMENT AUTHORITIES IF THEY CAN DO SO WITHOUT PERIL TO THEIR PERSON OR THEIR FAMILY; AND (8) IF THE HAZING IS HELD IN THE HOME OF ONE OF THE OFFICERS OR MEMBERS OF THE FRATERNITY, SORORITY, OR ORGANIZATION, THE PARENTS SHALL BE HELD LIABLE AS PRINCIPALS HEREOF WHEN THEY HAVE ACTUAL KNOWLEDGE OF THE HAZING CONDUCTED THEREIN BUT FAILED TO TAKE ANY ACTION TO PREVENT THE SAME FROM OCCURRING OR FAILED TO PROMPTLY REPORT THE SAME TO THE LAW ENFORCEMENT AUTHORITIES IF SUCH PARENTS CAN DO SO WITHOUT PERIL TO THEIR PERSON OR THEIR FAMILY; (c) The penalty of reclusion [temporal PERPETUA [in its maximum period] and a fine of One million pesos (P1,000,000.00) shall be imposed upon;

(1) All persons who are present in the conduct of the hazing SHALL BE PRESUMED TO HAVE PARTICIPATED AS PRINCIPALS. THE PRESENCE OF ANY PERSON, EVEN IF SUCH PERSON IS NOT A MEMBER OF THE FRATERNITY, SORORITY, OR ORGANIZATION, DURING THE HAZING IS PRIMA FACIE EVIDENCE OF PARTICIPATION THEREIN AS A PRINCIPAL UNLESS SUCH PERSON OR PERSONS PREVENTED THE COMMISSION OF THE ACTS PUNISHABLE HEREIN OR PROMPTLY REPORTED THE SAME TO THE LAW ENFORCEMENT AUTHORITIES IF THEY CAN DO SO WITHOUT PERIL TO THEIR PERSON OR THEIR FAMILY; (2) THE OWNER OR LESSEE OF THE PLACE WHERE HAZING IS CONDUCTED SHALL BE PRESUMED TO HAVE KNOWLEDGE OF THE HAZING AND SHALL BE HELD LIABLE AS A PRINCIPAL. PROVIDED, THAT THIS PRESUMPTION MAY BE REBUTTED IF THE FAILURE TO TAKE ANY ACTION TO PREVENT THE HAZING OR TO PROMPTLY REPORT IT TO LAW ENFORCEMENT AUTHORITIES WAS DUE TO THE INABILITY TO ACT WITHOUT PERIL TO THEIR PERSON OR THEIR FAMILY; (3) THE OWNER OF ANY VEHICLE USED DURING INITIATION RITES WHERE HAZING OCCURRED SHALL BE PRESUMED TO HAVE KNOWLEDGE OF ITS USE FOR SUCH PURPOSES AND SHALL BE HELD LIABLE AS A PRINCIPAL. PROVIDED, THAT THIS PRESUMPTION MAY BE REBUTTED IF THE FAILURE TO TAKE ANY ACTION TO PREVENT THE HAZING OR TO PROMPTLY REPORT IT TO LAW ENFORCEMENT AUTHORITIES WAS DUE TO THE INABILITY TO ACT WITHOUT PERIL TO THEIR PERSON OR THEIR FAMILY;

XXX (f) A FINE OF TWO MILLION PESOS (P2,000,000.00) SHALL BE IMPOSED ON THE SCHOOL IF THE FRATERNITY, SORORITY, OR ORGANIZATION FAILS TO COMPLY WITH THE MEASURES PROVIDED IN SECTIONS 6, 7, AND 9 OF THIS ACT. PROVIDED FURTHER, THAT THE FAILURE TO ENFORCE SUCH MEASURES SHALL CREATE A LEGAL PRESUMPTION OF NEGLIGENCE ON THE PART OF THE SCHOOL WHEN HAZING OCCURS WITHIN ITS JURISDICTION OR INVOLVES ITS STUDENTS, MAKING THE SCHOOL LIABLE FOR ANY RESULTING DAMAGES UNLESS PROVEN THAT THE MEASURES PROVIDED IN THIS ACT WERE PROPERLY IMPLEMENTED. ACCORDINGLY, APPROPRIATE SCHOOL AUTHORITIES SHALL ALSO BE HELD ADMINISTRATIVELY LIABLE UNDER THIS PRESUMPTION OF NEGLIGENCE; AND [(Đ] (g) A fine of One million pesos (P1,000,000.00) shall be imposed on the school if the fraternity, sorority, or organization filed a written application to conduct an initiation which was subsequently approved by the school and hazing occurred during the initiation rites or when no representatives from the school were present during the initiation as provided under Section 5 of this Act: Provided, That if hazing has been committed in circumvention of the provisions of this Act, it is incumbent upon school officials to investigate motu proprio and take an active role to ascertain factual events and identify witnesses in order to determine the disciplinary sanctions it may impose, as well as provide assistance to police authorities. [The owner or lessee of the place where hazing is conducted shall be liable as principal and penalized under paragraphs (a) or (b) of this section, when such owner or lessee has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring or failed to promptly report the same to the law enforcement authorities if they can do so without peril to their

person or their family. If the hazing is held in the home of one of the officers or members of the fraternity, sorority, or organization, the parents shall be held liable as principals and penalized under paragraphs (a) or (b) hereof when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring or failed to promptly report the same to the law enforcement authorities if such parents can do so without peril to their person of their family.] The school authorities including faculty members as well as barangay, municipal, or city officials shall be liable as an accomplice and likewise be held administratively accountable for hazing conducted by fraternities, sororities and other organizations, if it can be shown that the school or barangay, municipal or city officials allowed or consented to the conduct of hazing or where there is actual knowledge of hazing, but such officials failed to take any action to prevent the same from occurring or failed to promptly report to the law enforcement authorities if the same can be done without peril to their person or their family. [The presence of any person, even if such person is not a member of the fraternity, sorerity, or organization, during the hazing is primo facie evidence of participation therein as a principal unless such person or persens prevented the commission of the acts punishable herein or promptly reported the same to the law enforcement authorities if they can do so without peril to their person or their family.] XXX"

Sec. 4. Separability Clause. - If any provision or part hereof is declared invalid or

unconstitutional, the remainder of this Act or any provision not affected shall remain in full force and effect.

Sec. 5. Repealing Clause. - All provisions of laws, orders, decrees, including rules

and regulations inconsistent herewith are hereby repealed, amended, and/or modified accordingly.

Sec. 6. Effectivity, - This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in two (2) newspapers of general circulation in the Philippines. Approved,