Isang criminology student na si Ahldryn Leri Bravante ang namatay dahil sa umano’y hazing ng 20 miyembro ng TAU GAMMA PHI fraternity. Ano ba ang sinasabi ng batas tungkol dito? Alamin natin kasama ang Kapuso sa Batas, Atty. Gaby Concepcion.
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Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
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FunTranscript
00:00 We will talk about hazing this Friday morning.
00:08 Two members of a fraternity spoke out against the criminology student Aldrin Larry Brabante,
00:14 who died because he joined the hazing.
00:17 We will talk about that and find out what kind of law is here with our "Kapuso sa Batas"
00:23 attorney Gabby Concepcion.
00:24 Attorney, I hope we don't have to talk about this again.
00:27 We have been here for a long time.
00:30 Hazing, it will happen again.
00:32 Attorney, if all 20 members spoke out against the victim,
00:39 can they be charged and will the charges be the same?
00:42 Well, definitely, they can be charged under the Hazing Law or Republic Act 11-053.
00:48 All who participated in the hazing will be punished,
00:52 especially if someone died.
00:54 The penalty is heavier and the punishment is a perpetual reclusion and fine of P3 million.
01:02 The penalty is the same for all who planned this hazing even if they were not there.
01:07 Even if they did not plan it.
01:09 A perpetual reclusion and fine of P2 million, just a million,
01:14 for officers, alumni, former officers, non-resident members who were present in the hazing
01:21 even if they did not plan it or were part of the victim's presence.
01:26 It could be everything, right?
01:28 The same for the faculty advisor who was present but did not do anything to stop or prevent the hazing.
01:35 And if you are a lawyer, you may have a disciplinary proceeding in the Supreme Court
01:40 or in the Professional Regulation Commission if you are a professional under this regulation.
01:47 The penalty is the same if you cooperated to bring the victim and all who went there while the hazing was being conducted.
01:56 So you cannot say that you did not do anything.
01:59 Even if you were not in the hazing, you helped to hide the incident.
02:04 If there is an investigation and you helped to clear the course of the investigation or to mess it up.
02:10 If you have a perpetual reclusion, which is 12 years and 1 day to 20 years, and you still have a fine of P1 million.
02:17 If you were only present in the hazing but you were not a member, alumni, or officer advisor.
02:23 Exactly.
02:25 You may be charged with a penalty of up to 17 years, 14 months, and 1 day to 20 years.
02:30 The penalty is heavy for an UZI.
02:34 The owner of the property of the hazing is liable as a principal if he knows that there is a hazing being conducted but he did not do anything.
02:44 And take note, you cannot say that it was not an excuse.
02:48 We did not mean to kill or beat anyone.
02:51 That's what you said yesterday. We did not want that.
02:54 That is specific to the law that you cannot make an excuse.
02:58 That is not mitigating.
02:59 The penalty is heavy and if you were present, even if you did not do anything, you are still charged.
03:06 And you did not do anything to stop it because there is a crime happening in front of you.
03:09 This is the instance that even if you did not have any intent, you were just present, you did not do anything, you were not held by hands, it's still like that.
03:17 The school of victims and those involved in the Philippine College of Criminology or PCCR,
03:25 the police did not recognize the fraternity in the Philippine College of Criminology but there is a Tau Gamma Phi fraternity PCCR chapter.
03:34 Is this school liable?
03:37 Well, they should register. Under the law, fraternities and sororities should register and they should register.
03:45 But I think that the school has no direct liability if they did not register and did not really inform.
03:54 Aside from the fact that this is a big shortcoming in maintaining the safety of the students.
04:01 In other words, they should know that something is happening but they just blabbered, did nothing, reported but did nothing.
04:09 But if the fraternity did not register and all activities and activities are really secret,
04:16 maybe there is no responsibility of the school. The school could be liable if they prove that they agreed, they know about the incident.
04:26 Or if it's in the premises of the school that they should know.
04:30 But in this case, in an abandoned building, not on the school premises, in an abandoned building, they know that if there is a master, the master could be liable.
04:41 So it depends, unless there are circumstances to indicate that the school is liable or they know but they did not do anything,
04:49 then maybe there is no liability for this case.
04:53 But really, it's really tight, a lot of people said the law but it's still happening.
04:59 We should just warn the youth.
05:01 School of Criminology, maybe they are sharpening their skills in crime.
05:05 If you will blame that, kids, before you get involved in such things.
05:09 Listen to Kuya Ivan.
05:11 I told you, Kuya Ivan.
05:13 Atty. Gabby, thank you very much.
05:15 It's a Friday, happy weekend.
05:17 And happy birthday, Kaloy.
05:19 Yikes!
05:21 [BLANK_AUDIO]