News Release

10 September 2007

MIRIAM BILL WILL OUTLAW FRATS; SAYS HAZING INCLUDES RAPE

Sen. Miriam Defensor Santiago said she will file a bill to abolish, under certain circumstances, campus fraternities and sororities, on the theory that their relationship with campus administration is contractual, and the school has a constitutional right to set standards for student organizations.

“In the most recent 2002 case of Tigret v University of Virginia, the US Court of Appeals said that student organizations are bound by the contract under the university’s Standard of Conduct. As long as the students have been given due process in the form of a fair hearing, they can be expelled,” said Santiago, a constitutional law expert.

More specifically, Santiago cited the 2000 case filed by Pi Lambda Phi Fraternity v University of Pittsburg, where the US Court of Appeals ruled that campus have the right to ban fraternities if their actions are criminal, or if there was a failure to live up to fraternal rights and principles.
US legal trends indicate that campuses have the right to ban fraternities and sororities for violations of their contract with the school, under the applicable codes of conduct and organizational standards.

Santiago said that members of the UP Sigma Rho fraternity can be abolished because their existence was authorized by UP under the Student Guide which include rules and regulations on student conduct and discipline, as well as those governing fraternities, sororities, and other student organizations.

“The fraternity violated its contract, and should therefore be abolished,” she said.

Santiago issued the statement during a courtesy call on her yesterday (Monday, 10 September) by Crusade Against Violence, including the mother of Cris Anthony Mendes, who recently died from alleged having.

Santiago said that the constitutional provision protecting the right to form associations is based on the condition that the associations will not pursue purposes contrary to law.

“As long as the bill is narrowly drawn so that it is not overbroad, and as long as the bill provides for due process in the form of a fair hearing for students, it will pass Congress,” Santiago said.
Santiago added that according to her confidential informant now in Canada, and formerly a professor at UP Los Baños, some female students during hazing rites were given dangerous drugs and raped during the ceremonies.

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News Release

3 September 2007

MIRIAM PUSHES FOR SENATE PROBE OF UP HAZING DEATH

Senator Miriam Defensor Santiago today filed Senate Resolution No. 112 calling for a legislative investigation on the death of Cris Anthony Mendez, a student of the University of the Philippines-Diliman.
Authorities have confirmed today that Mendez died due to hazing-related injuries.

“As a mother who has also lost her son, I would like to extend my deepest condolences to the mother of Cris Anthony,” she said. “I know how difficult it is to lose a son.”

Santiago said Republic Act No. 8049, or the Anti-Hazing Law, must undergo a comprehensive review because it has failed to serve as a deterrent to hazing within fraternities, sororities, and student organizations since its enactment.

The senator also wants those responsible for Mendez’s death to be prosecuted and punished.

Under the Anti-Hazing Law, if a person dies due to hazing, the officers and members of the fraternity, sorority, or organization who actually participated in the infliction of physical harm shall be liable as principals and shall suffer the penalty of reclusion perpetua.

The presence of any person during the hazing is prima facie evidence of participation in the hazing as a principal unless he or she prevented the commission of the hazing acts.

According to Santiago, UP officials must shed light on the anti-hazing measures it has implemented in the University.

“The UP administration must explain the measures it has taken to monitor the hazing or initiation rites of fraternities, sororities, and other student organizations within the University, given the duty imposed by the Anti-Hazing Law on school authorities,” Santiago said.

Under the Anti-Hazing Law, no hazing or initiation rites in any form by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three days, and shall include the names of those to be subjected to such activities. The written notice must also contain an undertaking that no physical violence be employed by anybody during such initiation rites.

The law further mandates that the head of the school must assign at least two representatives to be present during the initiation. It is the duty of the representatives to see to it that no physical harm of any kind shall be inflicted upon a recruit or a neophyte.

-o0o-

News Release

3 September 2007

MIRIAM PUSHES FOR SENATE PROBE OF UP HAZING DEATH

Senator Miriam Defensor Santiago today filed Senate Resolution No. 112 calling for a legislative investigation on the death of Cris Anthony Mendez, a student of the University of the Philippines-Diliman.

Authorities have confirmed today that Mendez died due to hazing-related injuries.
“As a mother who has also lost her son, I would like to extend my deepest condolences to the mother of Cris Anthony,” she said. “I know how difficult it is to lose a son.”

Santiago said Republic Act No. 8049, or the Anti-Hazing Law, must undergo a comprehensive review because it has failed to serve as a deterrent to hazing within fraternities, sororities, and student organizations since its enactment.

The senator also wants those responsible for Mendez’s death to be prosecuted and punished.
Under the Anti-Hazing Law, if a person dies due to hazing, the officers and members of the fraternity, sorority, or organization who actually participated in the infliction of physical harm shall be liable as principals and shall suffer the penalty of reclusion perpetua.

The presence of any person during the hazing is prima facie evidence of participation in the hazing as a principal unless he or she prevented the commission of the hazing acts.
According to Santiago, UP officials must shed light on the anti-hazing measures it has implemented in the University.

“The UP administration must explain the measures it has taken to monitor the hazing or initiation rites of fraternities, sororities, and other student organizations within the University, given the duty imposed by the Anti-Hazing Law on school authorities,” Santiago said.

Under the Anti-Hazing Law, no hazing or initiation rites in any form by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three days, and shall include the names of those to be subjected to such activities. The written notice must also contain an undertaking that no physical violence be employed by anybody during such initiation rites.

The law further mandates that the head of the school must assign at least two representatives to be present during the initiation. It is the duty of the representatives to see to it that no physical harm of any kind shall be inflicted upon a recruit or a neophyte.

-o0o-