Anti-Hazing Act — wrong answer to fraternity violence
THE passage by Congress and signing by President Rodrigo Duterte of Republic Act 1053, or the AntiHazing Act of 2018, sounds like a big deal with its imposition of harsher penalties for hazing. It remains to be seen, however, if this new law will suffice to remove the blight of fraternities and their clandestine practices on our universities and colleges.
First, this law subscribes to the discredited belief that by imposing harsher penalties government can control or deter crime.
This is like the policy of imposing the death penalty on certain crimes, which in practice, and historically, has never been proven to stop criminals from doing their business.
Second, we believe the more effective solution lies in the resolute reform of policies of university and college administrations regarding fraternities. This has been proven to be far more effective in controlling fraternity culture.
The Anti-Hazing Act in reality is only an amended version of the 22-year-old RA 8049. It bans all forms of hazing practiced by fraternities and sororities and other organizations.
those who participate in hazing rites that lead to death, rape, sodomy or mutilation of a neophyte.
The drafting and passage of the law gained traction last year after the fatal hazing of Horacio Castillo 3rd, a law school freshman at the University of Santo Tomas. His family found his swollen body in a morgue on September 17, 2017. Castillo had attended initiation rites conducted by the Aegis Juris fraternity. He died of cardiac arrest triggered by traumatic injuries.
The Senate conducted an extensive inquiry into Castillo’s death. A number of members of the UST fraternity, alleged to have been involved in the hazing, were ordered arrested by the Manila Regional Trial Court. The case at this point is still in limbo.
The passage of the Anti- Hazing Act will not affect the Castillo case. It cannot be used for convicting the perpetrators of the fatal hazing.
What is more frustrating, in our view, is the fact that the legislation will not transform or contain fraternity culture in the country.
The prospect of facing harsher penalties, law enforcement experts say, will not stop fraternities from doing their worst.
Hundreds of new freshmen will continue to join school fraternities, enticed by the lure of belonging and protection.
The answer to fraternity abuse and dysfunction, according to persuasive studies in the United States and the United Kingdom, lies in strict control of fraternities by school administrations. This has always been the secret of prestigious schools of learning like in the UK and the US. When these clubs cannot be organized, the students take up something else, and devote their time to studies.
In the Philippines, fraternity growth has been heavily alumni intercede for the club in times of crisis. It is in law colleges where fraternities are most popular.
One law dean told us that many schools encourage fraternities because they serve to sustain connections and relations of alumni with the alma matter. Absent this bond, universities will lose an invaluable source of donations and support.
We think this is the critical link that should be addressed by the Congress and school administration if they really want to banish fraternity culture from our school campuses.
The answer is not a sweeping legislation outlawing fraternities, which could infringe on the right of students to freely
The better answer is resolve by school administrations, without need of a law, to control fraternities within their campuses. By this, fraternity violence can be effectively controlled and curtailed.