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Atty. Caloy Caliwara as Guest Speaker at the Anti-Hazing Symposium held on
December 7, 2012 and organized by the Rotary Club of Lucena led by its President Atty. Ronald Calayan. The affair was attended by students, members of the academe, and representatives of various fraternities and sororities in Lucena City |
Recent
events involving the deaths of two students from the San Beda College of Law
have once again raised so much uproar and condemnation against the practice of
hazing in fraternities. Family members are grieving, the guilty parties are
unable to show themselves up, obviously confused and uncertain of their future,
except criminal prosecution, an entire school and its alumni likewise
condemning hazing, law enforcement agencies are preoccupied with the crime
scene and in running after the suspects, lawmakers are on the drawing board and
started to announce the conduct of legislative inquiries for purposes of
reviewing and amending the present anti-hazing law, and of course, the media is
equally and naturally outraged.
There
is no doubt that somebody has to answer for the deaths of the hazing victims.
From their grave, they are crying out for justice. Like anyone else who are
already members of fraternities, they too would like to be called brothers. But
fate have not been kind to them.
Is
hazing really necessary? Are fraternities and sororities or similar
organizations still relevant? Can hazing be eradicated? What is the truth about
it? What are the lies?
Fraternities
and Sororities
Fraternities,
and sororities are commonly known nowadays as college secret or more accurately
“secretive” societies with noble objectives. They are exclusive and members are
known to strive for academic excellence and service to fellowmen. True enough,
quite a number do excel in their studies and works. They are regarded as
successful, and even if one may not be as successful, the fact that he carries
the name of the organization would suffice to make him like or feel like one.
Generally,
the names of these organizations comprise any two or more of the greek
alphabets, from Alpha to Omega to represent the outstanding qualities and
intelligence of those who join these fraternities, or at least in the process
of being a member, one would have such qualities. The inspiration came from
ancient Greeks (philosophers, scientists and inventors) who were regarded as
superior, and thus, once a person becomes a fraternity brother or a sorority
sister, the real world is opened up, wisdom abounds and life will no longer be
“greek” to such person.
Symbolisms
and Practices
One
must expect that greek letters in the names of these secret societies are
symbolisms with attached meanings where normally, only the members will know.
Further, passwords and grips are uttered and made, and from that moment on,
likewise being symbolisms, they create an automatic bond that will transform
complete strangers into brothers or sisters, and unfortunately, anyone who may
be in their midst who is not a member will become the stranger, and an
intruder.
These
symbolisms and their rituals make them exclusive. Each member is deemed special
and privileged.
By
the way, not all are known as greek-letter societies or organizations. In law
schools, latin sounding names have been adopted like lex and juris, among
others.
Though
secretive and exclusive, fraternities and sororities will never claim being
elitists. Or at least a majority of them will not. Although they want to
be treated and feel being entitled as such, by tradition and as an unwritten
rule. Its apparent exclusivity is marked by situations where members group
themselves together whenever they may be to the exclusion of others.
Non-members are regarded as barbarians while members of other fraternities are
treated as ordinary or inferior.
They
always strive for superiority and they prove this in terms of numbers – like,
having the most number of prominent and influential members or alumni, the most
number of projects and accomplishments, and in law schools, the most number of
bar topnotchers, scholars, bar passers, student leaders, and successful alumni
members like judges, justices, government officials and politicians particularly
in the halls of congress, and in local government units, such as governors and
mayors including sanggunian and barangay officials.
Anti-Hazing
Law or R.A. 8049
Unfortunately,
most of these organizations are engaged in initiation-related violence consisting
of fist blows, kicks, cigarette or candle burns, and paddles, and other means
of inflicting physical and psychological pain and sufferings upon a neophyte or
pledge before becoming a member. This is hazing as punished under R.A. 8049
otherwise known as the Anti-Hazing Law.
Hazing
as defined under the law, is 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 subjecting him to physical or psychological
suffering or injury. There are exclusions from this definition such as the physical,
mental and psychological testing and training procedure and practices to
determine and enhance the physical, mental and psychological fitness of
prospective regular members of the Armed Forces of the Philippines and the
Philippine National Police.
Admittedly, the law did not totally outlaw hazing. It merely regulated the
practice of hazing or initiation processes by requiring prior written notice to
the school authorities or head of organization seven (7) days before the
conduct of such initiation, and in the conduct thereof, at least two (2)
representatives of the school or organization must be present in order to see
to it that no physical harm of any kind shall be inflicted upon a recruit,
neophyte or applicant.
It is
also provided 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.
The person or persons who participated in the hazing shall suffer penalties
ranging from prison correccional in its maximum period (4 years, 2 months and
one day to 6 years) to reclusion perpetua (life imprisonment), depending on the
gravity of the offense.
Administrative sanctions may be imposed separately from the criminal
prosecution. The owner of the place where hazing was undertaken, the parents or
homeowner where it was held, the officers, former officers, adviser or alumni
who planned the activity, school authorities or faculty members who consent or
has knowledge about it but did not do anything, and those present when hazing
was taking place shall be held libale, either as principals or as accomplices.
When
death, rape, sodomy or mutilation results from hazing, the penalty is reclusion
perpetua. The law also imposes the maximum penalty which is
life imprisonment, 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. It may be
noted however, that if a neophyte is traumatized and suffers psychological damage,
other laws will apply and not R.A. 8049.
Phenomenon and Herd
Mentality
The question remains, despite the presence of the law, “why is it that there is
still hazing?”
Hazing is a group phenomenon characterized by a herd mentality. Simply put,
hazing is peer pressure, and anyone who does not pass through this, can never
be a member. This is wrong because hazing is a lie in legitimate fraternities
and sororities, for the truth is that there is an initiation process that must
be followed and adhered to where hazing is not tolerated.
It must
be emphasized that hazing
is never a tradition. It is a penal offense. It does not serve any practical
purpose. It will not make a neophyte a better person. It is a means that does
not justify the end. To allow oneself as a “neo” and to be subjected to
hazing is a personal but may not be an informed decision. To participate as the
so-called “master” in hazing practices is a deliberate act with awareness of
its nature and consequences. Hazing becomes the common bond that ties the
brothers or sisters together and no longer the organization's principles,
doctrines and cultural values which are supposedly imbued into every neophyte.
Hazing
cannot be “minimized” for that is a relative term. One cannot measure hazing.
It cannot be quantified. A paddle whacked on one person could be fatal, while
20 paddles on another would mean nothing. Medical attention or monitoring
during the hazing process is not a solution. It will only embolden the
participants and inflict more pain and injuries upon the neophyte.
It is not surprising for prospective members to still pursue their determination to belong and become a brother or a sister - and the reasons are many. It could be due to the noble objectives of the organization to which there is a special place in his heart - like service, academic excellence, family tradition, professional camaraderie, or camaraderie; personal – political clout, prestige , financial or academic solutions; and sinister – connections, protection, ego tripping or pleasure. The list is not exclusive but those with the most trivial or selfish motive would more often than not fall out and quit.
The
notion that hazing would insure the loyalty of the neophyte to the organization
is a misnomer. It does not build loyalty. It does not train the body to endure
pain which may be inflicted during frat wars. It is not a means to test the
intelligence or I.Q. of a person.
Amending
the Law Against Hazing
Hazing
is actually torturing a person - physically, mentally and emotionally -
which may result to psychological damage or even death. Since when can
injuring a person or perhaps even murdering him be regulated and not totally
banned or outlawed. Hazing is mala in se and inflicting injuries or causing
death to a person is totally wrong, harmful, immoral and lawlessness. This is
inhumanity in its most condemnable form.
Hence,
hazing has no purpose and should be completely banned. Condemning hazing is not
enough. There should be no let up until a new law or amendments to the existing
law are passed. The new law must explicitly define hazing as a criminal offense
and not merely regulate its practice. It should be differentiated from the
process of initiation where the dignity and integrity of the person are
respected, upheld and enhanced. The penalty for hazing should be reviewed. The
school authorities must compel the registration of legitimate fraternities
organized and existing under Philippine laws, require the submission of the
names of student members and its council of advisers composed of its alumni
members, monitor the activities and projects of the organization, insure the
presence of a school representative in the initiation process or ritual, and
such other measures which will insure that the organizations are closely
monitored against the commission of hazing to its students.
In
addition, since the concern is not strictly confined to hazing, in as much as
there are also issues, among others, on frat wars causing injuries and deaths
to frat members, the law shall create a national council of school fraternities
and sororities to be headed by the Secretary of Education and operated by an
Executive Director, that will serve as the national registry of fraternities
and sororities, and it will also function as a consultative or even a
regulatory body with research capabilities and investigative functions. All
appeals pertaining to administrative cases filed in relation with the violation
of the new law shall be decided by an adjudicatory board whose decision shall
be final and immediately executory once approved by the said council.
Conclusion
: Fraternities and Sororites
As
Partners in National Development
There
are probably hundreds if not thousands of fraternities, sororities, and other
organizations or secret societies as well as their chapters in various high
schools, colleges and universities, all over the country, and there is no way
by which the growth or birth of new ones could be stopped.
The
concerns are for real. But the potentials of these fraternities and sororities
in contributing to national development are great and may be harnessed.
Meanwhile,
the entire nation can only pray for those who have died because of hazing. They
are innocent and helpless victims of the prevailing system. In order that they
shall be deemed not to have died in vain, the campaign against hazing, as well
as the advocacy espoused by a clear conscience as laid down herein, must be
pursued.
(Reposted from Quezonian Conscience)
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