Monday, August 04, 2008 Regulating frat membership eyed
SINCE prohibiting the recruitment of minors by fraternities is considered unconstitutional, a Cebu City councilor is proposing to simply regulate the recruitment of members younger than 18 years old.
Councilor Sylvan Jakosalem filed a proposed ordinance that will require a written consent from the minor’s parents or legal guardians before fraternities can recruit them.
Fraternities, sororities and similar organizations will also be required to submit an updated list of their minor-members, with complete details of the member’s profile, if the ordinance is approved.
The list will be submitted every quarter to the barangay captain where the minor-member resides.
The draft ordinance identifies the recruiter and the president of the fraternity as the offending party, who will be fined P3,000 or imprisoned for not more than six months, or face both penalties.
While the City Government acknowledges the constitutional right to form associations for purposes that are not contrary to law, Jakosalem pointed out that fraternities have also been implicated in many crimes and violent incidents.
Remedial
“These violent acts have become alarming and therefore need immediate remedial measures, more so that those involved are minors. Most of these minors, however, are lured into joining these fraternities for their protection against foes and enemies, resulting in constant frat and gang wars,” he said.
In proposing the measure, Jakosalem cited the principle of “parens patriae”, a doctrine that refers to the “inherent power of the State to provide protection of the person and property of the person.”
Under the doctrine, the State has the sovereign power of guardianship over the persons under disability.
In the ordinance, a fraternity is defined as any fraternity or sorority, “including but not limited to associations, organizations, societies and similar groups that are formed for a lawful purpose.”
Section 3 of the measure states that it shall be unlawful for any person or fraternity to recruit minors into their organization without prior written consent from that minor’s parents.
The City Council will tackle the proposal during their regular session this week. (LCR)
