ALLOWED INITIATION RITES
Those that have prior written notice to the school authorities or head of organization seven days before the conduct of such initiation. The written notice shall contain the following:
1. Period of the initiation activities which shall not exceed three days.
2. Names of those to be subjected to such activities.
3. Undertaking that no physical violence be employed by anybody.
WHAT ACTS ARE PUNISHABLE
All acts so long as it caused physical injuries at the very least.
WHO ARE THE PERSONS LIABLE
1. Officers and members of the fraternity who actually participated in the infliction of physical harm shall be liable as principals if the person subjected to hazing suffers any physical injury or dies as a result thereof.
2. Owner of the place where the hazing is conducted shall be liable as an accomplice when he has actual knowledge of the hazing but failed to take any action to prevent the same from occurring.
3. Parents shall be liable as principals when they have actual knowledge of the hazing conducted in the home of one of the officers or members of the fraternity but failed to prevent the same.
4. School authorities and faculty members shall be liable as accomplices when they consent to the hazing or have actual knowledge thereof but failed to take any action to prevent the same from occurring.
5. Officers or members of the fraternity shall be liable as principals if they knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat.
The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the prohibited acts.
The mitigating circumstance that there was no intention to commit so grave a wrong shall not apply.
PENALTIES PROVIDED
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:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to 20 years) if in consequence of the hazing the victim shall become insane, imbecile, impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day to 17 years and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 months) if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days.
5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days.
6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall require medical assistance for the same period.
7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical assistance for the same period.
8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day to 6 years) if in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance.
The responsible officials of the school or of the police, military or citizen's army training organization, may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction.
The maximum penalty herein provided shall be imposed in any of the following instances:
(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or institution; or
(e) when the victim is below twelve (12) years of age at the time of the hazing.
Accomplices shall suffer one degree lower than the penalty imposed upon principals.
(Emphasis supplied)
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Dura lex sed lex (The law may be harsh bit it is still the law), hence, the provisions of this law MUST be strictly applied and the authorities should not be lenient or selective on punishing the culprits. What are our Penal Laws for if they will not be enforced? A life has been wasted, let justice be not wasted as well...
Justice for Marvin Reglos!
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