Family, friends and colleagues pay their final respects to fatal hazing victim and Faculty of Civil Law freshman student Horacio Castillo III on 27 September 2017. (Photo by Darryl Lance Limpin / TomasinoWeb / Facebook)

Fraternity-Related Violence in the Philippines: Long Road to Justice

Published

Networks of patronage continue to propagate abuses by fraternities in the Philippines. These networks should be dismantled.

After several years of trial, a Manila court in early October handed down its decision, convicting ten members of the Aegis Juris fraternity for the death of law school student Horacio Castillo III in 2017. Despite a system of strictures which has been applied to deter such acts, they continue to persist due to networks of patronage which breed impunity and shirk accountability.

The 22-year-old had sustained fatal injuries after undergoing the fraternity’s initiation rites. The incident set in motion legislative hearings that introduced amendments to the anti-hazing law in 2018. On top of imposing fines and stricter penalties such as life imprisonment, the amendatory law expanded the legal definition of hazing. This now covers any brutal treatment or forced physical activity that may adversely affect the recruit’s physical and psychological health, or any activity that tends to humiliate or degrade the recruit through doing menial or foolish tasks.

Despite these developments, hazing incidents particularly involving fraternities have persisted. Police records reveal that up to 18 violations have been reported since the law’s amendment. Senator Sherwin Gatchalian noted that 17 hazing-related deaths have been recorded from 2014 to 2024. The death of a high school student in September is the most recent statistic. Although the verdict in the Castillo case is a positive step, it fails to adequately address the underlying factors that enable the persistence of fraternity-related violence. Hazing incidents are but the tip of the iceberg. Beneath the surface are networks of patronage that breed impunity and make accountability elusive.

Fraternities in the Philippines context are male-exclusive organisations bounded by a common set of foundational principles, goals, and culture codes and share a distinctively masculinised socialisation. They have had a long-established presence in the country. In fact, the oldest fraternity in Asia was founded and based in the country’s premier state university. It counts former President Marcos Sr. and several prominent Filipinos in the public and private sectors. Recruitment among fraternities is a dog-eat-dog business. They compete to lure in the most brilliant, credentialed, and influential members to replenish and boost their ranks.

Fraternities accentuate the exclusivity of their membership to entice neophytes. Membership is framed as one’s front-row ticket to social networks, resources, and opportunities that are exclusive within its circles. Former President Rodrigo Duterte, for instance, appointed several of his fraternity brothers in key government positions that included the justice secretary, prosecutor-general, and the Supreme Court justice. The appointees inarguably possess the necessary qualifications for such posts. Their shared fraternal affinity with Duterte, however, was a significant factor in their appointments.

Fraternities wield considerable influence beyond university campuses. With powerful and moneyed alumni, fraternities can collectively amass resources and tap into their networks to provide a mantle of protection to their members.

Fraternities wield considerable influence beyond university campuses. With powerful and moneyed alumni, fraternities can collectively amass resources and tap into their networks to provide a mantle of protection to their members. A case in point involved former immigration bureau officials and a retired policeman. They were members of Duterte’s fraternity who were convicted of plunder for receiving 50 million pesos from a Chinese tycoon in exchange for releasing 1,300 illegal Chinese casino workers arrested by the authorities. Prior to their plunder conviction, the investigation bureau recommended the filing of graft and bribery charges, which are lower than plunder. This was because the amount received was reportedly 1,000 pesos short of the 50 million threshold for a plunder case to push through. Behind the scenes, the former justice secretary, who exercised direct oversight of the investigation bureau, allegedly had a hand in recommending the filing of lower charges in an attempt to protect his fraternity brothers from facing stricter penalties. Subsequently, allegations arose that the justice secretary himself was the mastermind behind the extortion case.

By scratching one another’s backs, fraternities are fertile grounds where patronage ties and clientelist arrangements are not only deeply ingrained but are also continuously cultivated and normalised. Access to justice is hindered when fraternities actively shield their members from facing the legal consequences of their wrongdoings. In Castillo’s case, some fraternity alumni suggested covering up the hazing incident by cleaning up the crime scene. Protecting one’s brothers at all costs is a litmus test for one’s loyalty to the fraternity. Betrayal of the brotherhood is the gravest of crimes and severe punishment awaits the snitch.    

While fraternities can discipline their own ranks, as they should, it is never a substitute for the heavy hand of the law to take its proper course. The deliberate failure to hold erring fraternity members accountable fosters a culture of impunity and undermines the integrity of the country’s justice system. To dismantle these networks of patronage and put an end to hazing incidents, a Senate panel has proposed draconian amendments to the anti-hazing law. The proposal includes holding entire fraternities accountable for hazing-related deaths or injuries, the automatic cancellation of registration certificates with the Securities and Exchange Commission, and even designating erring fraternities as illegal organisations. These proposals, however, have not yet been turned into legislation.

Laws, in the end, are not the ultimate cure for bad behaviour. A radical institutional transformation should begin from within fraternities. A break from the past is in order. Organisational traditions that have been passed down from older generations, such as the conduct of hazing during initiation rites and inflicting other forms of violence, should be abandoned. Blind loyalty should be eschewed; instead, an outward-looking mentality that favours merit over affiliation should be promoted. No human organisation is immune to change, may it be incremental or revolutionary.

2024/329

Atty. Bagayas is a lawyer and an associate law professor at Mariano Marcos State University, Ilocos Norte, Philippines where he teaches philosophy of law, constitutional law, and clinical legal education. He also serves as chief of the university's Center for Legal Aid, Research and Advocacy (CLARA).