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