SPL Module 2 - (3/3) Flashcards
This deck covers
Anti-VAWC Act (done)
Juvenile Justice & Welfare Act
Anti-Hazing Law (done)
Anti-Torture Act
ANTI-HAZING LAW
RA 11053
What is hazing
[1]
refers to any act that results in PHYSICAL or PSYCHOLOGICAL suffering, harm, or injury inflicted on a recruit, neophyte, applicant, or member as part of
- an initiation rite or
- practice made as a prerequisite for admission or
- a requirement for continuing membership in a fraternity, sorority, or organization
[2]
including, but not limited to paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is (ACTS) LIKELY TO ADVERSELY AFFECT THE PHSYICAL AND PSYCHOLOGICAL HEALTH of such recruit, neophyte, applicant, or member.
[3]
This shall also include ANY activity, intentionally made or otherwise, by one person alone or acting with others, that TENDS TO [SHAMED FE] humiliate, embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to do menial, silly, or foolish tasks
Elements of Hazing
- There is act that results in physical or psychological suffering, harm, or injury inflicted in a recruit, neophyte, applicant, or member.
- The **act was inflicted as part of an initiation rite or practice made as a prerequisite for admission or a requirement for continuing membership **in a fraternity, sorority, or organization.
- The act includes but is not limited to the following: paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical and psychological health of such recruit, neophyte, applicant, or member.
What are the prohibited acts under the law?
ALL forms of hazing shall be prohibited in fraternities, sororities, and organizations in schools, including (CMT) citizens’ military training and (CAT) citizens’ army training.
This prohibition shall likewise apply to all other fraternities, sororities, and organizations that are not school-based, such as COMMUNITY-BASED and other similar fraternities, sororities, and organizations:
“In no case shall hazing be made a requirement for employment in any business or corporation.”
What are the exceptions?
[A]
Provided, That the physical, mental, and psychological TESTING & TRAINING PROCEDURE & PRACTICE to determine and enhance the physical, mental, and psychological fitness of prospective(potential) regular members of the AFP and the PNP as APPROVED by
- the Secretary of National Defense and the National Police Commission (SND & NPC)
DULY RECOMMENDED by
- the Chief of Staff of the AFP and
- the Director General of the PNP,
SHALL NOT BE CONSIDERED HAZING for purposes of this Act:
[B]
PROVIDED FURTHER
- That the exception provided herein shall likewise apply to SIMILAR PROCEDURES & PRACTICES approved by the respective heads of other uniformed learning institutions as to their prospective members,
- nor shall this provision apply to any customary athletic events or other similar contests or competitions
- or any activity or conduct that furthers a legal and legitimate objective, subject to prior submission of a medical clearance or certificate.
Who are the Persons liable?
- those who actually planned or participated (w/ qualifying)
- all officers present
- all nonresidents, former officers, or alumni present
- the adviser (no need to be present)
- officer/member who induces victim
- members present even when intoxicated/under the influence
- ALL those PRESENT in the conduct of hazing (even not member)
- former officers, nonresident, and alumni in an act of hiding or concealing or hamper investigation (still principal)
- ANY PERSON [fite] any form of vexation for the purpose of recruitment.
- School if approving the initiation and hazing occured [or] no representative from school was present
- owner/lessee of the place where hazing is conducted (still principal)
- As ACCOMPLICE, school officials, brgy, municipal, and city officials + ADMINISTRATIVE LIABILITY for hazing occurring.
- Persons who actually PLANNED or participated in the hazing (RP & 2M) [if], as a consequence of the hazing, death, rape, sodomy, or mutilation results therefrom. (RP & 3M)
- All officers of the fraternity, sorority, or organization who are actually PRESENT during the hazing.
- The ADVISER of a fraternity, sorority, or organization. (no need to be present)
- ALL FORMER OFFICERS, NONRESIDENT MEMBERS, or ALUMNI of the fraternity, sorority, or organization who are also PRESENT during the hazing.
- 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.
- 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.
- ALL PERSONS who are present in the conduct of the hazing. (member or NOT, liable as principal!)
- Former officers, nonresident members, alumni of the fraternity, sorority, or organization who, after the commission of any of the prohibited acts proscribed herein, will perform ANY act to hide, conceal, or otherwise hamper or obstruct any investigation that will be conducted thereafter.
- ANY PERSON who shall [fite]intimidate, threaten, force, or employ, or administer any form of vexation against another person for the PURPOSE of recruitment in joining or promoting a particular fraternity, sorority, or organization.
- 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.
- The OWNER or LESSEE of the place where hazing is conducted shall be liable as PRINCIPAL.
- The SCHOOL AUTHORITIES including faculty members as well as BRGY., MNCPL, or CITY OFFICIALS shall be liable as an ACCOMPLICE [and] likewise be held administratively accountable for hazing conducted by the fraternities, sororities, other organizations,
What is the prima facie evidence of vexation?
Persistent and repeated proposal or invitation made to a person who had refused (2) twice to participate or join the proposed fraternity, sorority, or organization
APRIL 9 - ONLINE LECTURE
APRIL 9 - ONLINE LECTURE
Anti-Hazing Law Legal Basis
RA 11053
sec 14 - persons liable
ex. heart ailment, and then he died and it wasn’t your intention (spl). are they entitled to a MITIGATING circumstance?
“Any person charged under this Act shall not be entitled to the MITIGATING CIRC that there was no intention to commit so grave a wrong.
PERSONS LIABLE - add to these cards in the notes
[A]
Persons who actually planned or participated in the hazing if, as a consequence of the
hazing, death, rape, sodomy, or mutilation results therefrom
WHAT IF, he planned but none of the circumstances result. Am I still liable?
YES. those circumstances are mere qualifying circumstance
[B] All officers of the fraternity, sorority, or organization who are actually present during the
hazing
mere presence makes one liable.
they shall be JOINTLY liable these officers
[C]
The adviser of a fraternity, sorority, or organization
liable only when:
- They are present when the acts constituting the hazing were committed and
- They failed to take action to prevent the same from occurring or failed to promptly report the same to the law enforcement authorities
What is the defense of persons in [C]
hey may still be exonerated if their failure to
prevent the hazing or to report the same was due to the fact that doing so would cause peril to their person or their family
[D] All former officers, nonresident members, or alumni of the fraternity, sorority, or
organization who are also present during the hazing.
[E]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