'Effectiveness of Ra 8049 or Anti-Hazing Law Essay\r'

'Under the Anti-Hazing police force, hazing is defined as â€Å"an inductive reasoning rite or suffice as a prerequisite for entree into appendageship in a labor union, sorority or agreement by placing the recruit, freshman or applicant in few muggy or humiliating situations such(prenominal)(prenominal) as forcing him to do menial, silly, foolish and other resembling tasks or activities or otherwise subjecting him to carnal or psychological expecting or injury. The sensible, rational and psychological testing and coaching procedure and behaves to determine and enhance the corporal, genial and psychological fitness of prospective veritable(a) members of the gird Forces of the Filipinos and the Filipino issue natural natural law as approved by the depositary of matter Defense and the National legal philosophy foreign mission duly recommended by the leading(predicate)ry(prenominal) of Staff, Armed Forces of the Philippines and the Director General of the Phil ippine National patrol [argon not] considered as hazing”. ( set aboutitioning 1)\r\nRequirements\r\n1. No hazing or origin rites in each cast of characters or manner by a fraternity, sorority or physical composition shall be allowed without preliminary written notice to the trail regimen or head of system of regularises 7 old age before the act of such presentation. The written notice shall orient: 1) the time flow of the initiation activities which shall not extend 3 days, shall include 2) the names of those to be subjected to such activities, and shall further contain 3) an toil that no physical violence be employed by eachbody during such initiation rites. ( member 2)\r\n2. The head of the indoctrinate or government or their lessons must(prenominal) assign at to the lowest degree 2 re positionatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such congresswoman to see to it that no phys ical overthrow on _or_ oppress of some(prenominal) kind shall be\r\ninflicted upon a recruit, neophyte or applicant. (Section 3)\r\n financial obligation for Hazing\r\nSection 4 of the Anti-Hazing Law defines those criminally credible as principals and accomplices.\r\nCriminal Liability\r\n1. If the somebody subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result on that pointof, the officers and members of the fraternity, sorority or organization who effectively participated in the infliction of physical persecute shall be liable as principals. The psyche or persons who participated in the hazing shall suffer:\r\n1) The penalisation of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation results on that point from. 2) The punishment of reclusion temporary in its maximal level (17 geezerhood, 4 months and 1 day to 20 geezerhood) if in impression of the hazing the dupe shall become insane, imbecile , impotent or blind. 3) The penalty of reclusion temporal in its medium period (14 old age, 8 months and sensation day to 17 years and 4 months) if in publication of the hazing the victim shall guide scattered the re attemptse of speech or the power to hear or to smell, or shall admit lost an eye, a hand, a foot, an arm or a leg or shall have lost the expenditure of any such member shall have become lost for the bodily function or mesh in which he was habitually engaged. 4) The penalty of reclusion temporal in its minimum period (12 years and ane day to 14 years and 8 months) if in resolution 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 employment or work in which he was habitually engaged for more(prenominal) than 90 days.\r\n5) The penalty of prison mayor in its maximum period (10 years and unmatched day to 12 ye ars) if in import of the hazing the victim shall have been ill or incapacitated for the performance on the performance or work in which he was habitually engaged for more than 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 practise or work in which he was habitually engaged for 10 days or more, or that the injury keep up shall imply medical exam assistance for the kindred period.\r\n7) 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 bodily fulfil or work in which he was habitually engaged from 1 to 9 days, or that the injury sustained shall require medical assistance for the alike 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 block him from engaging in his habitual activity or work nor require medical attendance.\r\n2. If the hazing is held in the home of one of the officers or members of the fraternity, assemblage, or organization, the pargonnts shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to recognise any pull through and through to foil the same from occurring.\r\n3. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually think the hazing although not present when the acts constituting the hazing were rehearseted shall be liable as principals. A fraternity or sorority’s adviser who is present when the acts constituting the hazing were committed and failed to take sue to pr flusht the same from occurring shall be liable as principal.\r\nThe presence of any person during the hazing is prima facie evidence of participation therein as principal unless he frustrateed the commission of the acts guilty herein.\r\nAccomplices\r\nThe school authorities including faculty members who try for to the hazing or who have actual knowledge thereof, but failed to take any legal action to prevent the same from occurring shall be penalize as accomplices for the acts of hazing committed by the perpetrators.\r\nLiability of Owners of the Hazing venue\r\nThe owner of the property where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.\r\nAdministrative Liability\r\nThe accountable officials of the school or of the police, military or citizen’s army instruction organization, may impose the appropriate administrative sanctions on the person or the persons supercharged beneath this prep even before their conviction. The maximum penalty h erein provided shall be imposed in any of the sideline instances:\r\n1. When the recruitment is accompanied by force, violence, bane, intimidation or feigning on the person of the recruit who refuses to meet; 2. When the recruit, neophyte or applicant ab initio consents to total but upon learning that hazing result be committed on his person, is prevented from quitting; 3. When the recruit, neophyte or applicant having undergone hazing is prevented from reporting the vicious act to his pargonnts or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation; 4. When the hazing is committed international of the school or institution; or 5. When the victim is below 12 years of age at the time of the hazing.\r\nThe law narrates that it applies to the president, manager, director or other responsible officer of a corporation engaged in hazing as a compulsion for employment in the manner preceding(prenominal) men tioned.\r\nLastly, the law specifies that any person charged is not entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.\r\nHad the Anti-Hazing been in place in 1991, those acquitted of causing Lenny Villa’s death may still be languishing in jail. (Although, perhaps, had our prosecutors been more diligent in their prosecution of all acc employ in the death of Lenny Villa, there would at least have been more than 5 convictions †even without the Anti-Hazing Law.)\r\nBut why do hazing deaths compensate to occur despite the law? It is crucial to note that the Supreme Court last on the hazing-death of Lenny Villa, as quoted above, recognizes that: the hazing â€Å"rituals were performed with Lenny’s consent” and â€Å"even after going through Aquila’s grueling traditional rituals during the first day, Lenny continued his participation and absolute the second day of initiation.”\r\nThe law cannot end s ome citizenry from wanting to kick the bucket and willing to tolerate certain rituals to be accepted as a member of a group, nor can the law prevent some people’s trend to violence or abuse. So at all times, the willing neophyte’s welfare depends on being hazed by a group of non-violent handlers. But that is never guaranteed. Since the risk exists that the neophyte will be hazed by a group of people prone to violence by nature, by pressure or some substance, it may be all left to the soul (or the family rearing him/her) to eliminate that risk by declining the membership (or convincing said individual to decline) as early as possible.\r\nWe must see hazing as much more than a legal issue, say, like drugs. It is not enough to stop drug toil and trafficking. People must learn to simply say â€Å"No.” Those inclined to join should be aware that certain activities benignly termed as rites of passage may really well lead to funeral rites, of their own. (Siesta, 2012)\r\nStatement of the task\r\nThe purpose of the field was to investigate the strong point of a Fraternity or Sorority in a specific area, the benefits that an individual come out from joining it and how it should be observed. Specifically, it sought answers to the pursuance questions: 1. How effective is res publica go 8049: Anti-Hazing Law?\r\n2. Are the rules and limitations on practicing initiation rites under RA 8049 properly observed? 3. What are the perceived solutions proposed by the respondents to resolve the inadequacy of implementation of RA 8049? Conceptual mannikin\r\n1. Hazing †Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for entrance fee into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some muggy or humiliating situations such as forcing him to do menial, silly, foolish and other exchangeable tasks or activities or otherwise subjecting him to p hysical or psychological suffering or injury. The term â€Å"organization” shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen’s Military Training and Citizen’s phalanx Training.\r\nThe physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective rhythmic members of the Armed Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act.\r\n2. Rules and Limitation †Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shal l be allowed without prior written notice to the school authorities or head of organization vii (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed collar (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.\r\nSection 3. The head of the school or organization or their representatives must assign at least two (2) representatives of the school or organization, as the case may be, to be present during the initiation. It is the duty of such representative to see to it that no physical accidental injury of any kind shall be inflicted upon a recruit, neophyte or applicant.\r\n4. Problems due to hazing â€\r\n tangible injury †Damage or harm done to or suffered by a person or thing: humiliation- The state of being humiliated or hangdog; shame . depression- A psychiatric disorder characterized by an inability to concentrate, insomnia, loss of appetite, anhedonia, feelings of extreme sadness, guilt, weakness and hopelessness, and sights of death. Also called clinical depression psychological disorder- a psychological disorder of thought or emotion; a more neutral term than mental malady death †a permanent boundary of all vital functions; the end of life.\r\n4. exigent implementation of the R.A 8049 or the Anti-Hazing Law shall be observed by the government because sometimes the government forget about this nation Act and set it aside.\r\nSignificance of the teaching\r\nT\r\nhe researcher considered the following institutions that will sort benefit of the deal. These are the following: Government for them to take action and lessen the crimes that were brought up by illicit initiation process. Society gives awareness to what are the rules and limitations that should be observed in the initiation process. fledg ling gives them awareness and let them construe what the legal procedures in conducting initiation process are. Future Researchers results of this study maybe used as reference by proximo researchers.\r\nScope and Delimitation of the Study\r\nThe parameters of the study pertain to the effectiveness and implementation of Republic Act 8049 which is known to be the Anti-Hazing Law. The researcher studies about the perception of law-makers and individuals skillful in the field of law. The researcher active interview questions that will be answered by 5 or more respondents which go across to be law-makers and individuals expert in the field of law. The set of questions prepared by the researchers are bound with the questions in the statement of the problem, for example how effective is Republic Act 8049: Anti-Hazing Law, are the rules and limitation in conducting initiation rites are properly observed.\r\nDefinition of call\r\nAccomplice refers to one who knowingly, voluntarily, o r intentionally, and with everyday land intent and criminal purpose dual-lane with the principal offender, solicits or encourages another to commit a crime or assists or attempts to assist in its planning and execution.\r\n brotherhood refers to an association of men, such as a fraternity or union, united for common purposes. Congeniality refers to having the same nature, disposition, or tastes. Connation refers to a commonly understood subjective heathenish or emotional association that some word or phrase carries, in addition to the word’s or phrase’s explicit or literal meaning, which is its denotation. Conviviality refers to fond of feasting, drinking, and erect company; sociable. Curriculum refers to all the courses of study offered by an educational institution. Disdained refers to regard or treat with haughty contempt; despise.\r\nwastefulness refers to wasteful expenditure or employment\r\nFraternity refers to a chiefly affectionate organization of men s tudents at a college or university, usually designated by classic letters.\r\nFreemason refers to an international fraternal and likable organization with secret rites and signs.\r\nInitiation refers to a ceremony, ritual, test, or period of instruction with which a new member is admitted to an organization or office or to knowledge. Insignia refers to a label of office, rank, membership, or nationality; an emblem.\r\nLaw refers to a rule of conduct or procedure realized by custom, agreement, or authority.\r\nMasonry refers to a work done by a mason.\r\n small refers to a person who has a sycophantic or low nature\r\nNeophyte refers to a novice or novice\r\nProtection refers to the state of being protected.\r\nSolidarity refers to a union of interests, purposes, or sympathies among members of a group; fellowship of responsibilities and interests.\r\nSorority refers to a chiefly favorable organization of women students at a college or university, usually designated by Greek let ters.\r\n'