Implementing Rules and Regulations of Republic Act No. 11053 (Anti-Hazing Act of 2018)

September 30, 2020

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11053 OR THE "ANTI-HAZING ACT OF 2018"

Pursuant to the authority of the Commission on Higher Education (CHED), together with the Department of Education (DepED), Department of Justice (DOJ), Department of the Interior and Local Government (DILG), Department of Social Welfare and Development (DSWD), Armed Forces of the Philippines (AFP), Philippine National Police (PNP), and National Youth Commission (NYC), the following rules and regulations are hereby promulgated to implement the provisions of Republic Act No. 11053.

RULE I

General Provisions

SECTION 1. Title. —

These rules and regulations shall be known as the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 11053 or the "Anti-Hazing Act of 2018."

SECTION 2. Coverage. —

This IRR shall apply to an organized body of people which includes, but not limited to, any club, association, group, fraternity, and sorority. This IRR shall also apply to the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Military Academy (PMA), the Philippine National Police Academy (PNPA), and other similar uniformed service learning institutions.

SECTION 3. Objectives. —

It is the objective of RA 11053 and this IRR:

a) To completely prohibit all forms of hazing and regulate other forms of initiation rites of fraternities, sororities, and other organizations;

b) To strengthen the existing mechanism for deterrence of the commission of crimes in the conduct of initiation rites of fraternities, sororities, and other organizations;

c) To provide rules in the conduct of initiation rites; and

d) To provide rules in case hazing is committed in the conduct of initiation rites of fraternities, sororities, and other organizations.

SECTION 4. Definition of Terms. —

For purposes of this IRR, the following terms shall mean or be understood as follows:

a) Hazing 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 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, including any form of sexual harassment and abuse, which is likely to adversely affect the physical and psychological health of such recruit, neophyte, applicant, or member. This shall also include any activity, intentionally made or otherwise, by one person alone or acting with others, that tends to humiliate or embarrass, degrade, abuse, risk or endanger lives, by requiring a recruit, neophyte, applicant, or member to do menial, silly, foolish, hazardous, or inhumane tasks.

b) Initiation or Initiation Rites refer to ceremonies, practices, rituals, or other acts, whether formal or informal, that a person must perform or take part in order to be accepted into a fraternity, sorority, or organization as a full-fledged member. It includes ceremonies, practices, rituals, and other acts in all stages of membership (acceptance/welcome or the like, neophyte/service stage or the like, and final stage or the like) in a fraternity, sorority, or organization.

c) Organization refers to an organized body of people which includes, but is not limited to, any club, association, group, fraternity, and sorority. This term shall include the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Military Academy (PMA), the Philippine National Police Academy (PNPA), and other similar uniformed service learning institutions.

d) Other Similar Uniformed Service Learning Institutions refer to a learning institution which provides education, technical or professional training to persons rendering public service and law enforcement functions.

e) Schools refer to colleges, universities, and all other educational institutions and learning institutions/centers.

f) School-Based Fraternities, Sororities, and Organizations refer to groups of people, however organized, including Student Government Bodies and Recognized Student Organizations, with existing members who are students or plans to recruit students to be its members and are required to register with the proper school authorities before it conducts activities whether on or off-campus, including recruitment of members. For purposes of this IRR, school-based fraternities, sororities, and organizations include organizations or institutions conducting military and other similar uniformed service trainings or activities.

RULE II

Prohibition on Hazing

SECTION 5. Prohibition on Hazing. —

All forms of hazing shall be prohibited in fraternities, sororities, and organizations in schools, including citizens' military training and 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 as a requirement for employment in any business or corporation.

SECTION 6. Exceptions. —

The following shall not be considered as hazing for purposes of this IRR:

a) Physical, mental, and psychological testing and training procedures and practices to determine and enhance the physical, mental, and psychological fitness of prospective regular members of the AFP and the PNP as approved by the Secretary of National Defense and the National Police Commission, duly recommended by the Chief of Staff of the AFP and the Director General of the PNP;

b) Similar procedures and practices approved by the respective heads of other uniformed learning institutions as to their prospective members;

c) Any customary athletic event or other similar contests or competitions, subject to prior submission of a medical clearance or certificate; and

d) Any activity or conduct that furthers a legal and legitimate objective, subject also to prior submission of a medical clearance or certificate.

RULE III

Registration of School-Based Fraternities, Sororities, and Other Organizations

SECTION 7. Registration of School-Based Fraternities, Sororities, and Other Organizations. —

The following rules shall be observed on the recognition and registration of school-based fraternities, sororities, and other organizations:

a) All existing fraternities, sororities, and other organizations otherwise not created or organized by the school but has existing members who are students or plans to recruit students to be its members shall be required to register with the proper school authorities before it conducts activities whether on or off-campus including recruitment of members;

b) A newly established fraternity, sorority, or organization in a school shall immediately register with the proper school authorities during the semester or trimester or term in which it was established or organized: Provided, That the new fraternity, sorority, or organization has complied with the requirements prescribed by the school in establishing a fraternity, sorority, or organization. Provided further, That the schools shall promulgate their guidelines in the registration of fraternities, sororities, and organizations within their jurisdiction not later than sixty (60) days from the approval of this IRR;

c) Upon registration, all fraternities, sororities, and organizations shall submit a comprehensive list of members, which shall be updated not later than thirty (30) days from the start of every semester or trimester or term, depending on the academic calendar of the school;

d) School officials shall have the authority to impose, after due notice and summary hearings, disciplinary penalties in accordance with the school's guidelines and regulations on the matters including suspension of the head and other officers of the fraternity, sorority and organization who failed to register or update their roster of members as required under this section;

e) Failure to comply with any of the registration requirements in Section 7 hereof shall result in the cancellation of registration or denial of the application for registration of the fraternity, sorority, or organization.

SECTION 8. Faculty Adviser: Qualifications, Duties, and Liabilities. —

Schools shall require all fraternities, sororities, and organizations, as a condition for the grant of recognition and registration, to submit in writing the name or names of their respective faculty adviser or advisers and the latter's written acceptance or consent to act as such which shall be included in the request for registration and recognition. The following are the qualifications, duties, and liabilities of a faculty adviser:

a) The faculty adviser should not be an affiliate or member of the fraternity, sorority, or organization of which they are to be advisers;

b) Each faculty adviser must be a duly recognized active member and in good standing of the faculty at the school in which the fraternity, sorority, or organization is established or registered. For purposes of this IRR, faculty members of the specific program may serve as an adviser for academic organizations;

c) The faculty adviser/s shall be responsible for monitoring the activities of the school-based fraternity, sorority, or organization; and

d) In case of violation of any of the provisions of this IRR by the school-based fraternity, sorority, or organization or its members, the faculty adviser is presumed to have knowledge of and consented to the commission of such violation or any of the unlawful acts stated therein and shall be held, after due notice and summary hearing, accountable therefor.

SECTION 9. Role of Educational Institution. —

The following are the roles, duties, and responsibilities of schools:

a) The responsibility of schools to exercise reasonable supervision in loco parentis over the conduct of its students requires that degree of due diligence that prudent parents would employ in the same circumstance when disciplining and protecting their children. To this end, it shall be the duty of schools to take more proactive steps to protect its students from the dangers of participating in activities that involve hazing;

b) Schools shall implement an information dissemination campaign at the start of every semester or trimester or term to provide adequate information to students and parents or guardians regarding the consequences of conducting and participating in hazing;

c) An orientation program relating to membership in a school-based fraternity, sorority, or organization shall also be conducted by schools at the start of every semester or trimester or term;

d) Schools shall likewise encourage fraternities, sororities, and organizations to engage in undertakings that foster holistic personal growth and development and activities that contribute to solving relevant and pressing issues of society; and

e) Institutions of learning have the "built-in" obligation of providing a conducive atmosphere for learning, an atmosphere where there are no constant threats to life and limb, and one where peace and order are maintained.

RULE IV

Regulation of Initiation Rites of School-Based Fraternities, Sororities, and Other Organizations

SECTION 10. Regulation of Initiation Rites of School-Based Fraternities, Sororities, and Other Organizations. —

Only initiation rites or practices that do not constitute hazing as defined in Section 4 (a) of this IRR shall be allowed: Provided, That:

a) A written application to conduct initiation rites shall be filed with the proper school authorities not later than seven (7) working days prior to the scheduled initiation date;

b) The written application shall indicate the place, date and time of the initiation rites, the names of the recruits, neophytes, or applicants to be initiated, and the manner by which they will conduct the initiation rites;

c) The written application shall also contain a notarized undertaking by the concerned officials/members authorized by the Head of the school-based fraternities, sororities, and other organizations, that no violence or harm of any kind shall be committed by anybody, authorized or unauthorized, during the initiation rites. In relation to such undertaking, a medical certificate of the recruit, neophyte, or applicant must be attached to the written application to ensure fitness to undergo initiation when it involves physical activity not falling under the definition of hazing as used in this IRR;

d) The initiation rites shall not last for more than three (3) days;

e) The written application shall contain the names and contact details of the incumbent officers of the school-based fraternity, sorority, or organization and of any person or persons who will take charge or participate in the conduct of the initiation rites. Only members of the fraternity, sorority, or organization shall be in charge or take part actively or in a consultative or advisory role in the initiation rites, except the faculty adviser;

f) The application shall be made under oath with a declaration that it has been posted in the official school bulletin board, the bulletin board of the office of the fraternity, sorority, or organization, and two (2) other conspicuous places in the school or in the premises of the organization. The school and the school-based fraternity, sorority, or organization shall provide for their respective bulletin boards for purposes of this section; and

g) The application shall be posted from the time of submission of the written notice to the school authorities or head of organization and shall only be removed from its posting three (3) days after the conduct of the initiation rites. Contact details of the incumbent officers of the fraternity, sorority, or organization and of any person or persons who will take charge or participate in the conduct of the initiation rites shall not be included in posting.

h) The denial of application for, or cancellation of, registration shall bar the fraternity, sorority, or organization for the particular initiation applied for.

SECTION 11. Promulgation of Guidelines by Appropriate School Authorities for the Approval or Denial of Application to Conduct Initiation Rites. —

The guidelines for the approval or denial of application to conduct initiation rites by a registered fraternity, sorority, or organization shall be promulgated by the appropriate school officials not later than sixty (60) days after the approval of this IRR. The appropriate school authorities are mandated to disapprove the application to conduct initiation rites that does not conform to any of the requirements of Section 10 hereof, and the reasons thereof shall be stated clearly and in unequivocal terms in a formal written notice to the fraternity, sorority, or organization concerned, taking into consideration the safety and security of participants in the activity.

SECTION 12. Authority of School Officials to Impose Disciplinary Sanctions in Case of Failure to Secure Approval. —

The authorized school officials shall have the authority to impose disciplinary sanctions, after due notice and summary hearing, in accordance with the school's guidelines and regulations on the matter, which shall include, but not be limited to, reprimand, suspension, exclusion, or expulsion, against the head and all other officers or members of the fraternity, sorority, or organization for conducting an initiation rite without prior approval of the authorized school officials. All members of the fraternity, sorority, or organization, who participated in the unauthorized initiation rites, even if no hazing was conducted, shall also be punished accordingly without prejudice to criminal, civil and administrative liabilities as provided for by law.

SECTION 13. False or Inaccurate Information in the Written Application to Conduct Initiation Rites. —

In case the written application to conduct initiation rites contains false or inaccurate information, appropriate disciplinary sanctions in accordance with the school's guidelines and regulations on the matter ranging from reprimand to expulsion shall be imposed, after due notice and summary hearing, against the person who prepared the application, or supplied the false and inaccurate information, or head and other officers of the fraternity, sorority, or organization who signed the application.

SECTION 14. Monitoring of Initiation Rites. —

The head of the school or his/her authorized representative must assign at least two (2) school representatives to be present during the initiation. It is the duty of the school representatives to see to it that no hazing is conducted during the initiation rites and to document the entire activities.

The school representatives who are present during the initiation shall make a report on the conduct of the initiation rites to be submitted to the appropriate school officials. If hazing is committed despite the presence of the school representatives, no liability shall attach to them if they performed an overt act to prevent or stop the commission thereof. However, if the school representatives failed to perform an overt act to prevent or stop the commission of hazing, liability shall automatically attach to them.

SECTION 15. Procedures in Case Hazing is Committed during Initiation Rites. —

The concerned officers/members of the school-based fraternity, sorority, or organization, as well as the school representatives, who are present during the commission of hazing, shall immediately bring the recruits, neophytes, or applicants subject of hazing to the nearest hospital, clinic or treatment facilities within the area. The school representatives are obligated to immediately report the incident to proper authorities. In case of commission of hazing activities, appropriate penalties shall be imposed as provided in Section 23 of this IRR.

RULE V

Registration of Community-Based Fraternities, Sororities, and Other Similar Organizations

SECTION 16. Registration of Community-Based Fraternities, Sororities, or Other Similar Organizations. —

All new and existing community-based fraternities, sororities, or other similar organizations, including their respective local chapters, shall register with the Punong Barangay in the barangay or the Mayor of the municipality or city wherein the community-based fraternities, sororities, or other similar organizations are primarily based.

Upon registration, all community-based fraternities, sororities, or other similar organizations, including their respective local chapters, shall submit to the concerned barangay, municipality, or city a comprehensive list of their officers and members which shall be updated yearly from the date of registration.

SECTION 17. Documentary Requirements for Registration of Community-Based Fraternities, Sororities, and Other Similar Organizations. —

a) Comprehensive list of officers and members which shall be updated yearly from the date of registration;

b) Constitution and By-Laws of community-based fraternities, sororities, or other similar organizations;

c) Code of Conduct of Officers and Members of community-based fraternities, sororities, or organizations to determine their manner of operation and their rules and regulations;

d) Rules and Regulations and name and profile of the community-based fraternities, sororities, or organizations in recruitment and membership; and

e) Profile of Governing Boards/Officers, their addresses, contact person/s and contact numbers.

Upon compliance with the registration requirements set forth in this Section, the concerned Punong Barangay, Municipal or City Mayor shall issue a Certificate of Registration to the community-based fraternity, sorority, or similar organization.

Failure to comply with any of the registration requirements shall be a ground for the cancellation of registration or denial of the application for registration. (Please see Annex "A" for Form 1 — Registration Form for Community-Based Fraternity, Sorority or Other Similar Organization)

RULE VI

Regulation of Initiation Rites of Community-Based Fraternities, Sororities, and Other Similar Organizations

SECTION 18. Guidelines for the Conduct of Initiation Rites by the Community-Based Fraternities, Sororities, and Other Similar Organizations. —

Only initiation rites or practices that do not constitute hazing shall be allowed: Provided, That:

a) A written application to conduct initiation rites shall be filed with the Punong Barangay in the barangay or the Mayor of the municipality or city where the community-based fraternity, sorority, or other similar organization is based, not later than seven (7) days prior to the scheduled initiation date;

b) The written application shall indicate the place, date and time of the initiation rites and the names of the recruits, neophytes, or applicants to be initiated. It shall also contain the names of the incumbent officers of the community-based fraternity, sorority, or other similar organization and any person or persons who will take charge of and participate in the conduct of the initiation rites;

c) The initiation rites shall be conducted in the place where the community-based, fraternity, sorority, or organization was duly registered, and shall not last more than three (3) days;

d) The written application shall contain a notarized undertaking signed by the head or duly authorized representative of the community-based fraternities, sororities, or other similar organizations that no harm of any kind shall be committed by anybody during the initiation rites;

e) A medical certificate of the recruit, neophyte, or applicant must be attached to the application to ensure fitness to undergo initiation when it involves physical activity not falling under the definition of hazing as used in this IRR;

f) The application shall be under oath with a declaration that it has been posted on the official bulletin board of the barangay hall or the municipal or city hall where the community-based fraternity, sorority, or other similar organization is based and duly registered, and on the bulletin board of the office of the community-based fraternity, sorority, or other similar organization. (Please see Annex "B" for Form 2 — Application Form for the Conduct of Initiation Rites); and

g) The application shall be posted from the time of submission of the written notice to the Punong Barangay or Municipal or City Mayor and shall only be removed from its posting three (3) days after the conduct of the initiation rites.

SECTION 19. Monitoring of Initiation Rites of Community-Based Fraternities, Sororities, and Other Similar Organizations. —

The Punong Barangay of the barangay or Mayor of the municipality or city where the community-based fraternity, sorority, or other similar organization is based and duly registered shall assign at least two (2) barangay or municipal or city officials to be present during the initiation to record and document the entire activities.

The barangay, municipal or city officials who are present during the initiation shall make a report on the conduct of the initiation rites to be submitted to the Punong Barangay or the Municipal or City Mayor.

If hazing is still committed despite the presence of the barangay, municipal or city officials, no liability shall attach to them if they perform an overt act to prevent or stop the commission thereof. However, if the barangay, municipal or city officials failed to perform an overt act to prevent or stop the commission of hazing, liability shall automatically attach to them.

The barangay, municipal or city officials should not be a member or a relative within the fourth civil degree of consanguinity or affinity of any member of the community-based fraternity, sorority, or other similar organization conducting the initiation.

SECTION 20. Procedures in Case Hazing was Committed during Initiation Rites. —

The concerned officers/members of the community-based fraternity, sorority or other similar organization, as well as the barangay, municipal or city representatives, who are present during the commission of hazing, shall immediately bring the recruits, neophytes, or applicants subject of hazing to the nearest hospital, clinic or treatment facilities within the area. The representatives from the barangay, municipality, or city are obligated to immediately report the incident to proper authorities. In case of commission of hazing activities, appropriate penalties shall be imposed as provided in Section 23 of this IRR.

RULE VII

Common Rules of Procedures in Disciplinary Actions on Complaints of Hazing and Other Violations of the Anti-Hazing Law

SECTION 21. Nullity of Waiver and Consent. —

Any form of approval, consent, or agreement, whether written or otherwise, or of an express waiver of the right to object to the initiation rite or proceeding to the conduct of hazing as defined in this IRR, made by a recruit, neophyte, or applicant prior to an initiation rite, shall be void and cannot be used as a defense by the person/s prosecuted under RA 11053 and this IRR.

SECTION 22. Administrative Sanctions. —

The responsible officials of the school, the AFP, the PNP, the PMA, PNPA, and other uniformed service learning institutions, may impose the appropriate administrative sanctions after due notice and summary hearing on the person or persons charged under RA 11053 and this IRR even before their conviction.

RULE VIII

Penalties

SECTION 23. Penalties. —

The following penalties shall be imposed:

a) The penalty of reclusion perpetua and a fine of Three million pesos (P3,000,000.00) shall be imposed upon those who actually planned or participated in the hazing if, as a consequence of the hazing, death, rape, sodomy, or mutilation results therefrom;

b) The penalty of reclusion perpetua and a fine of Two million pesos (P2,000,000.00) shall be imposed upon:

1) All persons who actually planned or participated in the conduct of the hazing;

2) All officers of the fraternity, sorority, or organization who are actually present during the hazing;

3) The adviser of a fraternity, sorority, or organization who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring or failed to promptly report the same to the law enforcement authorities if such adviser or advisers can do so without peril to their person or their family;

4) All former officers, nonresident members, or alumni of the fraternity, sorority, or organization who are also present during the hazing: Provided, That should the former officer, nonresident member, or alumnus be a member of the Philippine Bar, such member shall immediately be subjected to disciplinary proceedings by the Supreme Court pursuant to its power to discipline members of the Philippine Bar: Provided, further, That should the former officer, nonresident member, or alumnus belong to any other profession subject to regulation by the Professional Regulation Commission (PRC), such professional shall immediately be subjected to disciplinary proceedings by the concerned Professional Regulatory Board, the imposable penalty for which shall include, but is not limited to, suspension for a period of not less than three (3) years or revocation of the professional license. A suspended or revoked professional license pursuant to this section may be reinstated upon submission of affidavits from at least three (3) disinterested persons, good moral certifications from different unaffiliated and credible government, religious, and socio-civic organizations, and such other relevant evidence to show that the concerned professional has become morally fit for readmission into the profession: Provided, That said readmission into the profession shall be subject to the approval of the respective Professional Regulatory Board;

5) 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; and

6) 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.

c) The penalty of reclusion temporal in its maximum period and a fine of One million pesos (P1,000,000.00) shall be imposed upon all persons who are present in the conduct of the hazing;

d) The penalty of reclusion temporal and a fine of One million pesos (P1,000,000.00) shall be imposed upon former officers, nonresident members, or 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: Provided, That should the former officer, nonresident member, or alumnus be a member of the Philippine Bar, such member shall immediately be subjected to disciplinary proceedings by the Supreme Court pursuant to its power to discipline members of the Philippine Bar: Provided, further, That should the former officer, nonresident member, or alumnus belong to any other profession subject to regulation by the PRC, such professional shall immediately be subjected to disciplinary proceedings by the concerned Professional Regulatory Board, the imposable penalty for which shall include, but is not limited to, suspension for a period of not less than three (3) years or revocation of the professional license. A suspended or revoked professional license pursuant to this section may be reinstated upon submission of affidavits from at least three (3) disinterested persons, good moral certifications from different unaffiliated and credible government, religious, and socio-civic organizations, and such other relevant evidence to show that the concerned professional has become morally fit for readmission into the profession: Provided, That said readmission into the profession shall be subject to the approval of the respective Professional Regulatory Board;

e) The penalty of prision correccional in its minimum period shall be imposed upon any person who shall 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. The persistent and repeated proposal or invitation made to a person who had twice refused to participate or join the proposed fraternity, sorority, or organization, shall be prima facie evidence of vexation for purposes of this section;

f) A fine of One million pesos (P1,000,000.00) shall be imposed 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 as provided under Section 14 of this IRR: Provided, That if hazing has been committed in circumvention of the provisions of this IRR, it is incumbent upon school officials to investigate motu proprio and take an active role to ascertain factual events and identify witnesses in order to determine the disciplinary sanctions it may impose, as well as provide assistance to police authorities;

The owner or lessee of the place where hazing is conducted shall be liable as principal and penalized under paragraph (a) or (b) of this section, when such owner or lessee has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring or failed to promptly report the same to the law enforcement authorities if they can do so without peril to their person or their family. If the hazing is held in the home of one of the officers or members of the fraternity, sorority, or organization, the parents shall be held liable as principals and penalized under paragraph (a) or (b) hereof when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring or failed to promptly report the same to the law enforcement authorities if such parents can do so without peril to their person or their family.

The school authorities including faculty members as well as barangay, municipal, or city officials shall be liable as an accomplice and likewise be held administratively accountable for hazing conducted by fraternities, sororities, and other organizations, if it can be shown that the school or barangay, municipal, or city officials allowed or consented to the conduct of hazing or where there is actual knowledge of hazing, but such officials failed to take any action to prevent the same from occurring or failed to promptly report to the law enforcement authorities if the same can be done without peril to their person or their family.

The presence of any person, even if such person is not a member of the fraternity, sorority, or organization, during the hazing is prima facie evidence of participation therein as a principal unless such person or persons prevented the commission of the acts punishable herein or promptly reported the same to the law enforcement authorities if they can do so without peril to their person or their family.

The incumbent officers of the fraternity, sorority, or organization concerned shall be jointly liable with those members who actually participated in the hazing.

Any person charged under this IRR shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong.

This section shall apply to the president, manager, director, or other responsible officer of businesses or corporations engaged in hazing as a requirement for employment in the manner provided herein.

Any conviction by final judgment shall be reflected in the scholastic record, personal, or employment record of the person convicted regardless of when the judgment of conviction has become final.

RULE IX

Final Provisions

SECTION 24. Separability Clause. —

If any provision or part of this IRR is declared invalid or unconstitutional, the other parts or provisions not affected thereby shall remain valid and effective.

SECTION 25. Effectivity Clause. —

This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

Approved and signed this 30th of September 2020.

(SGD.) J. PROSPERO E. DE VERA III, DPAChairman

LEONOR M. BRIONESSecretary

(SGD.) MENARDO I. GUEVARRASecretary

(SGD.) GEN. EDUARDO M. AÑO (RET.)Secretary

(SGD.) ROLANDO JOSELITO D. BAUTISTASecretary

(SGD.) GEN. GILBERT I. GAPAY, PAChief of Staff

(SGD.) P/GEN. CAMILO PANCRATIUS P. CASCOLANChief

(SGD.) RYAN R. ENRIQUEZChairperson and CEO

ANNEX A

Form 1 — Registration Form for Community-Based Fraternity, Sorority or Organization

ANNEX B

Form 2 — Application Form for the Conduct of Initiation Rites

 

Published in the Official Gazette, Vol. 117, No. 32, p. 8127 on August 9, 2021.