MANILA - The joint panel of the Senate Committees on Justice and Human Rights and Public Order and Dangerous Drugs wants to amend Republic Act 11053 or the Anti-Hazing Law of 2018 to "make the fraternities, sororities, and other organizations principally and solitarily liable for any death or physical injuries that results from any of the initiation activities of their organization".

In a committee report released as the Senate probed in March the death of alleged hazing victim and Adamson University student John Matthew Salilig, the panel said the amendment should include a P20-million fine on fraternities, sororities, and similar organizations "for any death or physical injuries that results from any of the initiation activities of their organization".

"The organization shall likewise shoulder the litigation fees of the victim's family," the report said.

"Any death or physical injury brought about by the initiation activities of a fraternity, sorority, or any similar organization will cause the automatic cancellation of the SEC certificate of registration of the fraternity, sorority, or other similar organization and the corresponding declaration of the group as an illegal organization making its founders, officers, and members punishable under the law. Fraternities, sororities, and similar organizations, whether school-based or not, shall be required to register each of their local chapters, including the list of their officers and members in that chapter, to the local police station that has jurisdiction over their locality," it added.

The panel said a list will be collected by the PNP in a "national database" of fraternities and sororities. Refusal or failure to comply with the requirement "shall be prima facie presumption of the organization's illegal activities".

"An insightful analysis of the matters discussed during the hearing would lead to the conclusion that the root cause of the problem in our midst really is the culture of violence that is prevalent and being perpetrated by fraternities, sororities, and other organizations. It is the tradition of these organizations of using violence as a requirement for admission and retention of membership in its supposed 'brotherhood' that is causing the deaths in these organizations. Thus, we should not leave the fraternity out of the equation when we talk of liability," the report explained.

"When asked by the chairperson of the Committee on Public Order and Dangerous Drugs if the suspects were aware that the conduct of hazing is prohibited and actually punishable by law, the suspects admitted that they are aware of such statutory prohibition. When asked why they still proceeded with the hazing despite the knowledge that it is prohibited by law, the suspects stated that they were merely following tradition for fear of being imposed a D.A. (disciplinary action) by their fraternity," it added.

The Senate panel also wants the amendment to include the reiteration of the role of schools in working with the government to prevent hazing by requiring schools to hold mandatory orientation with students and their parents or guardians.

"Failure of the school to conduct such mandatory orientation and failure to submit compliance report to the CHED and the Congress shall make the schools liable to pay a fine of Five Million Pesos (P5,000,000.00) and shall be a ground for the CHED to deny a school's autonomous status. The fine of Five Million Pesos (P5,000,000.00) shall be paid to a Trust Fund to be created by the CHED, which fund shall be used solely for the support of victims of hazing," the report read.

Registration instead of frat ban

The committee also believes that registering rather than banning fraternities and sororities is a better policy, so that involvement in hazing may be a ground for a student's dismissal.

"In the exercise of the inherent Police Power of the State, eliminate the policy of schools on outright banning of fraternities, sororities and organizations and making such membership a ground for dismissal. Instead, allow the registration of these fraternities and sororities in the school's roster of recognized organizations and make participation in the planning and actual conduct of hazing as grounds for dismissal," according to the report.

"In assessing the problem, the Committee is of the position that the better policy for schools and universities to adopt is not to ban fraternities and sororities in the school premises and make the same a ground for the student's dismissal but rather allow them to be registered and make participation and involvement in hazing as the allowable ground for possible dismissal or expulsion of a student... The Committee believes that schools and universities should take part in making sure that incidents like this do not happen anymore by not pushing fraternities, sororities, and other organizations to go underground and beyond the regulatory power of the institution," it added.

Other recommendations include empowering CHED's monitoring on schools, and urging the National Youth Commission, Sangguniang Kabataan, and other government youth groups "to improve their programs for the youth to be able to have access to more opportunities for success".

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