Aguirre wants more teeth in anti-hazing

law
By Edu Punay (The Philippine Star) | Updated September 25, 2017 - 12:00am

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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. File

MANILA, Philippines 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.

The law needs more teeth for better regulation of fraternities and sororities. It could be made more stringent
through amendments as being proposed in Congress, Aguirre told The STAR yesterday.

Aguirre believes that deaths from initiations of fraternities could be prevented through better regulations not
only from the government but from schools as well.

Fraternity violence could be avoided if the school could strictly supervise the initiation rites by legalizing and
allowing their registration, he suggested.

Aguirre himself is a member of a fraternity, the Lex Talionis of San Beda College of Law where President
Duterte is also a member.

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Aguirre lamented that in their alma mater, fraternities are outlawed, which he said is not good.

Aguirre revealed their fraternity already banned hazing after the death of three neophyte members during
initiation rites in 1991, one of whom he identified as Raul Camaligan.

We were really very sorry for that. We even put up a foundation for them, he recalled.

Aguirre said their eight frat brothers involved in the incident led by sacked Immigration deputy commissioner Al
Argosino pleaded guilty to a lower charge of reckless imprudence resulting in homicide instead of the original
charge of homicide during trial.

While Aguirre supported additional regulatory measures, he has opposed calls for a total ban on fraternities
due to deaths from hazing, citing the constitutional right of citizens to assembly.

We should strike a balance between the right of assembly and the right against violence. We dont need to ban
fraternities just to stop hazing, he argued.

Among the proposed amendments of Republic Act 8049 are Senate Bill 223 filed by Sen. Vicente Sotto III and
SB 199 filed by Sen. Sherwin Gatchalian.
SB 223 seeks to impose maximum penalty in instances when hazing is committed under the influence of illegal
drugs and liquor and when there is a presence of non-resident or alumni fraternity members during hazing.

SB 199, on the other hand, seeks to prohibit all forms of hazing and allow only initiation rites or practices which
do not inflict physical or psychological suffering or injury to the applicant.

Gatchalians bill also proposes stiffer penalties on those involved in hazing. Aside from life imprisonment, a fine
of P3 million will be imposed if hazing results in death, rape, sodomy and mutilation.

A similar measure, House Bill 3467 was filed in the lower chamber by Bagong Henerasyon party-list Rep.
Bernadette Herrera-Dy.

RA 8049 was enacted in 1995 after the death of Ateneo law student Leonardo Villa in 1991.

The law mandates that no hazing or initiation rites shall be allowed without prior written notice to the school
authorities or head of organization seven days before the activity.

It requires at least two representatives of the school or organization to be present during initiation to ensure that
violence will not be employed.

The law also states that 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.

Life imprisonment will be imposed on individuals involved if initiation rites result in death, rape, sodomy or
mutilation.

Amending the law

Lawmakers from the House of Representatives have expressed willingness to amend the 22-year-old Anti-
Hazing Law following the death of Castillo.

The intent of the probe is to cure defects in the Anti-Hazing Law that regulates fraternity rites but has failed to
stop hazing which continues to rear its ugly head almost yearly resulting in gruesome deaths such as that of
Castillos, Quezon City Rep. Winnie Castelo said.

Castelo also filed a resolution calling for a congressional inquiry into the fatal hazing of Castillo.

Castelo lamented that after 22 years of the Anti-Hazing Law and its long list of victims, only one has been
convicted, citing the case of two members of the Alpha Phi Omega (APO) fraternity in the death of UP Los
Baos student Marlon Villanueva in 2006. Delon Porcalla, Helen Flores

http://www.philstar.com/headlines/2017/09/25/1742482/aguirre-wants-more-teeth-anti-hazing-law

Author of Anti-Hazing law: It's

not easy to punish people
involved in hazing
Published September 25, 2017 11:46pm
By ANNA FELICIA BAJO, GMA News

Former senator Joey Lina, the author of the Anti-Hazing Law of 1995,
admitted on Monday that it is very difficult to file charges against individuals
who were supposedly involved in hazing rites.

"It's very difficult to identify, charge and punish those who were involved in
hazing because you have to prove, number one intent to commit a wrong
among the legal... number two we have to prove that the person accused was
the one who inflicted the injury whether it resulted in physical or psychological
injury," Lina said during the Senate probe on the death of Horacio "Atio"
Castillo III.

"It's a question of the entire criminal justice system. A law is only as good as it
is enforced or implemented. This Republic Act 8049 precisely crafted by the
9th congress to address a gap in our legal system. What is that gap? There is
no crime called hazing whether in the revised penal code or under the special
laws," Lina added.

Senator Miguel Zubiri earlier pointed out that the current Anti-Hazing Law has
loopholes that allow suspects to be acquitted.

The senator said he wants all forms of hazing to be prohibited as the current
law only regulates it.

Under the Section 3 of the anti-hazing law, "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 initiation.

"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," it
added.
It further states in Section 4 that penalties include life imprisonment if a person
dies after being subjected to hazing.

Senator Sherwin Gatchalian, for his part, filed Senate Bill 199 in 2016, which
includes a provision that instead of castigating fraternities, sororities, or
organizations involved in the death of new recruits, it would prohibit hazing per
se, or the very act of hazing.

The bill only allows initiation methods that do not inflict direct or indirect
physical or psychological injury on neophytes. BAP, GMA News

http://www.gmanetwork.com/news/news/nation/627162/author-of-anti-hazing-law-it-s-not-easy-to-
punish-people-involved-in-hazing/story/

Anti-hazing law: 22 years, 1 conviction

By Gaea Katreena Cabico (philstar.com) | Updated September 21, 2017 - 9:59am

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UST Law freshman Horacio Tomas Castillo III, believed to be a victim of fraternity hazing rites, was dumped on
a sidewalk in Balut, Tondo. He informed his parents he would attend the "welcome ceremony" of the fraternity
Aegis Juris but did not come home the day after. Philstar.com/Jonathan Asuncion

MANILA, Philippines (First published on Sept. 20) He told his parents he would attend a welcome
ceremony of the fraternity where he is a new member and assured them there would be no be hazing rite.

But Horacio Tomas Castillo III did not come home the next day.

His parents found him in a funeral parlorhis body bloated, bruised and had candle and cigarette marks
which led his family to believe he was killed in a hazing rite of fraternity Aegis Juris.

Castillo was promised brotherhood but it was death that he got instead.

He was only 22.

READ: UST law freshman dies in alleged frat hazing

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Castillos death has sparked public outrage. Students and faculty members, not limited to the University of
Santo Tomas community, condemned the tradition of hazing and the culture of impunity.

His death also brought into focus talks of amending the anti-hazing policy.

The Anti-Hazing Law

Passed in 1995, Republic Act 8049 or the Anti-Hazing Law regulates initiation rites and prohibits physical harm
and violence against applicants.

It was the death of Ateneo law student Leonardo Villa in 1991 that resulted in its passage.

The law mandates that no hazing or initiation rites shall be allowed without prior written notice to the school
authorities or head of organization seven days before the conduct. At least two representatives of the school or
organization must also be present during initiation to ensure that violence will not be employed.

The law also states that 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.

Life imprisonment will be imposed on individuals involved if initiation rites result in death, rape, sodomy or
mutilation.

Since it was enacted under former President Fidel Ramos, several neophytes attempting to join fraternities and
sororities have incurred injuries or died in brutal and unregulated initiation rites.

In 22 years, only 1 conviction

While the law is still in place, many of the reported deaths due to hazing since 2000 did not lead to justice for
the victim's families.

Over two decades since its passage, there has only been one conviction for hazing. In 2015, the Supreme
Court found two Alpha Phi Omega members guilty of violating the law for the death of University of the
Philippines-Los Baos (UPLB) student Marlon Villanueva in 2006.
In 2015, Anthony Javier, a student at the Western Mindanao State University in Zamboanga City died after
hazing by the Tau Gamma Phi WMSU-chapter. The year before, De La Salle-College of
Saint Benilde student Guillo Cesar Servando was also killed in hazing rites of a chapter of the same fraternity.

In 2013, John Mark Dugan, a 19-year-old sophomore marine cadet at the Maritime Academy of Asia and the
Pacific died of hazing.

San Beda law students Marc Andre Marcos and Marvin Reglos were killed in separate hazing rites by different
fraternities in 2012. The accused in Marcos' death were cleared of charges in 2013 for lack of probable cause.

READ: Hazing deaths in the Philippines: A recent history

Proposed amendments
For Bagong Henerasyon party-list Rep. Bernadette Herrera-Dy, Castillos death shows that fraternities have not
learned the tragic and painful lessons of previous fatal hazing incidents."

Lawmakers from the lower and upper house have filed separate bills seeking to amend the 22-year-old Anti-
Hazing Law.

Majority leader Tito Sotto filed Senate Bill 223 last year which seeks to impose maximum penalty in instances
when hazing is committed under the influence of illegal drugs and liquor and when there is a presence of non-
resident or alumni fraternity members during hazing.

Gatchalian, meanwhile, believes the current Anti-Hazing Law is not effective in stopping fraternities, sororities
and other organizations from hazing their new recruits.

The Anti-Hazing Law must be overhauled to eliminate loopholes and ensure that all persons responsible for
these cruel and senseless hazing deaths will be held accountable to the full extent of the law. It's time for the
Senate to take up this proposed legislation, he said.

Gatchalian's Senate Bill 199 seeks to prohibit all forms hazing. Only initiation rites or practices which do not
inflict physical or psychological suffering or injury to the applicant shall be allowed.

The measure also poses stiffer penalties to those involved in hazing. Aside from life imprisonment, a fine of P3
million will be imposed if hazing results in death, rape, sodomy and mutilation.

If non-resident and intoxicated or under the influence of illegal drugs individuals participate in hazing, they will
face life imprisonment and a fine of P2 million.

Imprisonment ranging from 20 to 40 years and a fine P1 million will be imposed on participating members and
officers involved in hazing.

Gatchalian likewise wants schools to educate their students regarding the consequences of conducting and
participating in hazing.

Just like Gatchalians bill, House Bill 3467 authored by Dy also seeks to make all kinds of hazing illegal.

UST has greater obligation

Gatchalian said that although Castillos death is quite similar to hazing deaths reported in recent years, the
fraternity linked to his death is a duly accredited student organization of the educational institution it calls
home.
The fact that the fraternity being implicated in this hazing death is recognized by the university itself as a
legitimate student organization means that UST cannot pull the same tricks used by other schools in the past to
evade responsibility for the criminal actions of their students, he said.

Gatchalian added: UST has an even greater obligation than ever to uncover the truth of this incident and hold
Atyo's killers accountable for their sick crimes," he said.

But according to a report from The Varsitarian, the official student publication of UST, the Office for Student
Affairs clarified that Aegis Juris is still in the process of seeking its annual accreditation.

READ: 'We'll leave no stones unturned': UST condemns student death in alleged hazing

OSA accredits and recognizes university and college-wide organizations.

UST Civil Law Student Council President Jonathan Santos also said that Aegis Juris is not recognized by OSA.

All we can say for now is that the fraternities and sororities are strictly prohibited by our Student Welfare and
Development Board in recruiting UST Law freshman unless recognized by the OSA, Santos told Philstar.com
in an online exchange.

UST Civil Law Dean Nilo Divina on Monday said the faculty was not aware of the welcome ceremony of Aegis
Juris.

Divina is an alumnus of Aegis Juris.

In a statement, UST said investigations will be conducted immediately to find out the truth and institute
necessary legal actions.

We condemn in no uncertain terms hazing in any form or manner. Violence has no place in an academic
institution, particularly in our University that values and promotes charity and compassion, UST said in a
statement.

It added: We will leave no stones unturned to ensure that the perpetrators be meted the appropriate sanctions
and brought to justice.

Fight for justice

Castillos family decried the murder of the law student saying, He was 22 years old with many hopes and
dreams. We grieve and despair at the life he was not able to live and the cruel and inhumane way by which it
was cut short.

The family called on the UST administrators to ensure a thorough, impartial and swift investigation into
Castillos murder and on Divina to champion the rights of his slain student regardless of his affiliation with Aegis
Juris.

The Aegis Juris Fraternity, which is linked to the death of a University of Santo Tomas law freshman, on
Monday vowed to cooperate with the investigations.

Aegis Juris said on Monday the fraternity "will extend its utmost cooperation in the investigation of this
unfortunate incident."

http://www.philstar.com/headlines/2017/09/21/1740694/anti-hazing-law-22-years-1-conviction
 Anti-Hazing Law still
'allows' hazing, says
senator
ABS-CBN News
Posted at Sep 20 2017 10:09 PM

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MANILA - A senator is pushing for a total ban on hazing rites, saying the
current Anti-Hazing Law passed in 1995 only regulates the initiation rites of
fraternities.
"I think this law allows hazing per se. It just regulates hazing. It makes hazing
illegal if the person dies or if the person becomes incapacitated," Senator
Sherwin Gatchalian said in an ANC interview.

ALAMIN: Ano ang Anti-Hazing Law?

Under Section 4 of the 1995 Anti-Hazing Law, those who participated in

hazing will be penalized or jailed "if the person subjected to hazing or other
forms of initiation rites suffers any physical injury or dies as a result thereof."
"Paano kung hindi siya namatay o hindi siya nagkaroon ng physical injury?
Mapaparusahan lang 'yung gumawa ng hazing pag namatay 'yung victim o
nagkaroon ng physical injury," he told ABS-CBN News in a phone interview.
In cases of injury, the law, too, passes the burden to a surviving victim to
prove that he has been incapacitated for work which he was "habitually
engaged" for a particular time period before the culprit can be penalized.
"Dapat ikaw biktima, you will have to prove na ikaw ay nasaktan at di ka
makatrabaho araw-araw. Siyemrpe ilalaban 'yan ng mga gumawa ng hazing
na 'e hindi naman 'yan araw-araw'," he said.
In a 2012 column entitled "Death and Brotherhood" written by Supreme Court
spokesperson Atty. Theodore Te, who was then a human rights lawyer, hr
pointed out the even the title of the law shows that it does not totally ban
hazing.
"An Act regulating hazing and other forms of initiation rights in fraternities,
sororities and other organizations and providing penalties therefor," the title
reads.
Te also pointed out that a provision in the Anti-Hazing Law even "encourages
the conduct of hazing" as long as it was approved. In case the hazing does
not have approval, the law does not provide any penalty for this, he added.
"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
initiation.
"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," the
law's Section 2 reads.
Gatchalian said Senate Bill 199, which he filed, does not only seek to ban
hazing, but also puts more responsibility on the schools who are supposed to
accredit organizations, as the current law does provide penalties for them in
case a fraternity in their jurisdiction figures in a hazing incident.
"It's important for the school to participate in this advocacy and make sure that
they are accrediting the right organizations," he said, stressing that schools
need to be proactive in these matters.
Under the bill, Gatchalian also said anyone present during a hazing incident
will be considered a suspect as mere presence is construed as "an unspoken
agreement to the act of hazing."
207 hazing victims, 12 deaths in 15 years
The 1995 Anti-Hazing Law defines hazing as "any physical and psychological
suffering, harm, or injury inflicted on a recruit"a definition adopted in
Gatchalian's bill.
Since 2002, Philippine National Police data show there have been 207 hazing
victims, with at least 12 incidents that led to a recruit's death. Despite this, the
conviction rate is only 3.8%.
Just recently, Horacio Castillo III, a University of Santo Tomas law student,
died in a hazing incident. Police autopsy confirms he died of a heart attack
due to "massive injury" consistent with hazing.

UST student, kumpirmadong nasawi sa hazing: autopsy

The 22-year-old victim's dad, Horacio Jr., said his son suffered extreme pain
during hazing, as shown by his hematoma and burn marks.
"He went through extreme pain and suffering. I don't know why they did this
when it is a legal fraternity in UST and they are lawyers," the elder Castillo
said.

UST student suffered 'extreme pain' in hazing, says dad

Gatchalian described the hazing done to Castillo as a "barbaric act" and "pure
torture." He called fraternity members to denounce the act of hazing and join
the advocacy to stop the cycle of violence.

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Hazing deaths in the Philippines: A recent history

By Camille Diola (philstar.com) | Updated July 10, 2014 - 9:55am

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A 1912 illustration of an inmate in an American prison receiving "the paddle", a form of torture used for
punishment. This was illegal at the time. In the Philippines, the paddle has been adapted for hazing neophytes
as part of initiation rites in fraternities.

MANILA,

Philippines De La Salle-College of Saint Benilde student Guillo Servando's death from alleged hazing
resurrected the clamor for more stringent measures against violence in fraternities and schools.

The enactment of Republic Act 8049 Anti-Hazing Law in 1995 under President Fidel Ramos did not stop the
brutal rites usually to admit new members into a brotherhood, organization or profession.

Many of the reported deaths due to hazing since 2000 cited below did not lead to justice for the victims'
families.

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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

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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.

2011

E.J. Karl Intia A University of Makati student believed to have aspired to join the Alpha Phi Omega
fraternity but ended being killed in initiation rites. His body was recovered near a 30-foot cliff in Laguna.

An Aug. 1, 2012 video grab from GMA-7 shows medical workers examining the body of Marc Andrei Marcos
(inset).
2010

Noel Borja Jr. A 15-year-old elementary student and neophyte who reportedly was assaulted to
death by members of Tau Gamma Phi fraternity. The brotherhood learned that Borja's parents belong to
rival Alpha Kappa Rho fraternity.

2009

Glacy Monique Dimaranan A 15-year-old girl who died of a single gunshot wound in the head
during initiation rites. A member of Scout Royal Brotherhood in Laguna accidentally pulled the trigger of
the gun he was pointing at the victim.

John Daniel Samparanda An 18-year-old Lyceum of the Philippines student in General Trias,
Cavite believed to have died in Tau Gamma Phi fraternity rites.

Elvin Sinaluan A 21-year-old Scout Royal Brotherhood entrant whose life was reportedly ended in
brutal admission rites. Sinaluan and fellow victims "were hit by paddle every 30 seconds for two hours,"
authorities said.
 Karl Anthony Gaudicos A 18-year-old engineering student of the Holy Cross of Davao College who
died in hazing activities under the Tau Gamma Phi and Tau Gamma Sigma.

2007

Cris Anthony Mendez A 20-year-old University of the Philippines student and allegedly a Sigma
Rho fraternity neophyte died of mauling during initiation rites.

Jan Angelo Dollete A 21-year-old engineering student suspected to be killed in Sapian, Capiz by
members of the Alpha Phi Omega.

2006

Clark Anson Silverio A Technological University of the Philippines mechanical engineering student
was dead upon arrival at the Manila Sanitarium Hospital in Pasay City after cruel initiation rites believed
to be by Tau Gamma Phi fraternity.

Marlon Villanueva A 21-year-old agriculture economics from the University of the Philippines Los
Baos died in fraternity rites held in a resort in Calamba, Laguna.

Dan Robert Talibutab A criminology student from St. Therese College in Iloilo was believed to be a
victim of hazing by members of the non-accredited school organization Kapatiran ng Kabataan sa
Kriminolohiya.

2004

Mark Welson Chua The University of Santo Tomas student exposed corruption among Reserve
Officers' Training Corps officials was killed by fellow student. Defendants during trial claimed that Chua
died in fraternity hazing rites.
The remains of DLSU-CSB student Guillo Cesar Cervando. STAR/Edd Gumban
2003

Emerson Berry Jr. A 16-year-old fourth year student from the Casanayan National High School was
beaten up and died in initiation rites by members of the Beta Sigma Rho brotherhood in Pilar, Capiz.

2001

Rafael Root Albano III The aspiring doctor was believed to be killed by members of the Sigma Mu
fraternity of medicine students based in the Far Eastern University Laguna campus.

Fernando Balidoy An 18-year-old probationary midshipman died as he was undergoing initiation

conducted by upperclassmen of the Philippine Merchant Marine Academy.

Monico de Guzman A Philippine Military Academy plebe whose death was attributed to illness by
academy officials. His father, however, believes Monico Jr died of the notorious "beat attack" against
entrants in boot camp.

Edward Domingo The 23-year-old Camiling, Tarlac native and Philippine Military cadet reportedly
died of cardio-respiratory attack due to injuries he suffered from hard blows to the lower part of the rib
cage. Two cadets were convicted for homicide.

2000

Ace Bernabe Ekid The 21-year-old was said to have died from stroke due to rigorous training
exercises at the Philippine Military Academy. His family and friends, however, insisted Ace was a victim
of hazing and foul play.
http://www.philstar.com/news-feature/2014/07/10/1344288/hazing-deaths-philippines-recent-history