Section 14Sec./Art. 14

Section 4 of the same Act is hereby amended to read as follows:

"Sec. 14. 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 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) 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 ir 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 fine of One million pesos (P1,000,000.00) shall be imposed upon former officers, nonresident member, 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 members, 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 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 correcional 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 perssistent 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; and

"(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 5 of this Act: Provided, That if hazing has been committed in circumvention of the provisions of this Act, it is incumbent upon school officials to investigate motu propio and take an active role to ascertain factual events and identity 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 paragraphs (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 paragraphs (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 the fraternities, sororities, other organizations, if it can be shown that the school or barangay, municipal, or city officials allowed or consented to the conduct of hazing, but such officials failed to take anby 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 Act shall not be entitled to the mitigating circumstances 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 hazing as a requirement for employment in the manner provided herein.

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