SC urged: Strike down hazing law provisions

MANILA, Philippines - A sorority member facing trial for the death of a neophyte during joint fraternity and sorority hazing rites in 2008 has asked the Supreme Court (SC) to strike down key provisions in Republic Act 8049 or the Anti-Hazing Law.

In a 16-page petition, Devie Ann Fuertes of the Tau Gamma Sigma sorority asked the high court to declare unconstitutional sections 3 and 4 of the law.

Petitioner said both provisions “would make every member of a sorority or fraternity as principal, for the acts of members thereof, even as they are mere members and may not have any clear and actual participation in the commission of a crime on the occasion of an initiation rite of the organization.”

Through lawyers Vicente Millora and Tomas Baga, petitioner argued she should not be indicted for hazing and stand trial while in jail – since the charge does not provide for bail – for simply “failing to take any action to prevent the (death).”

Fuertes asked the high court to nullify the criminal case filed against her and fellow sorority members in October 2008 before the Lucena City regional trial court and also enjoin the Department of Justice (DOJ) and Department of the Interior and Local Government (DILG) from implementing the questioned provisions.

The petitioner told the high tribunal that Sections 3 and 4 of RA 8049 violate Sections 1 and 19 of the Bill of Rights, which guarantee the right to due process and equal protection of the law and prohibits the imposition of cruel punishment.

“Insofar also that said member, like the herein petitioner who was merely present in the premises, and is charged as principal, the penalty for which is reclusion perpetua, without bail, is a cruel and unusual punishment that is in gross violation of Sections 1 and 19 of Article III of the Constitution,” Fuertes said in her petition. Fuertes is currently at large.

Petitioner is one of 46 accused in the death of Tau Gamma Phi fraternity neophyte Chester Paolo Abracia during joint initiation rites of the fraternity and sorority on Aug. 2, 2008.

Abracia, a student of Marine Technology at the Manuel Enverga University Foundation in Quezon province, allegedly died because of serious beatings he underwent in initiation rites of Tau Gamma. Fuertes, then 17 and also a student of the same university, was present during the rites.

The victim’s lifeless body was found in a coconut plantation in Barangay Mate, Tayabas City.

But Fuertes said she was merely present but did not witness or participate in the incident and was completely unaware of the hazing of the victim.

Named respondents in the petition are the Senate of the Philippines, House of Representatives, DOJ, DILG, Department of Budget and Management, Department of Finance, City Prosecutor of Tayabas, Presiding Judge of Lucena City Regional Trial Court Branch 30 and the heirs of Abracia.