Metro Manila (CNN Philippines, March 2) — A Manila regional trial court has junked the petition of Aegis Juris fraternity members seeking to dismiss the case against them for the death of hazing victim Horacio “Atio” Castillo in September 2017.
In a decision dated February 24 but only publicized Wednesday, Manila RTC Branch 11 Acting Presiding Judge Shirley Magsipoc-Pagalilauan denied the demurrer to evidence separately filed by the ten fratmen for lack of merit.
A demurrer to evidence is a motion to dismiss a criminal case on the ground of insufficiency of evidence, possibly allowing them to get acquitted without the need to present evidence.
The motion was filed by Arvin Balag, Jose Miguel Salamat, Joriel Macabali, Robin Ramos, John Audrey Onofre, Marcelino Bagtang Jr., Axel Munro Hipe, Mhin Wei Chan, Ralph Trangia, and Dannielle Hans Matthew Rodrigo.
“The prosecution having established that Horacio died of hazing and that all the accused were present during commission of the crime, it is now incumbent upon the accused to adduce evidence to controvert that of the prosecution or that they prevented the commission of a crime of hazing,” she said.
The accused argued that the prosecution failed to prove beyond reasonable doubt that Castillo died due to injuries from the alleged hazing, insisting that his death was caused by enlargement of the heart and not severe blunt traumatic physical injuries.
They also cast doubt on fellow fraternity member and prosecution witness Mark Anthony Ventura’s statements — separately referring to these as “perjured and biased” and “incredulous, inconsistent and loaded with improper motives.”
The petitioners likewise argued that the prosecution failed to prove beyond reasonable doubt that all the elements of violation of the Anti-Hazing Law were present.
“Even granting for the sake of argument that Horacio died of HCM (hyperthophic cardiomyopathy) due to his grossly enlarged heart as claimed by the accused, they can still be held responsible for the death of Horacio following the time-respected doctrine: “He who is the cause of the cause is the cause of the evil caused”,” Magsipoc-Pagalilauan penned.
“Still, even if the victim is suffering from an internal ailment, liver or heart disease, or tuberculosis, if the blow delivered by the accused — (a) is the efficient cause of death; or (b) accelerated his death; or (c) is the proximate cause of death; then there is criminal liability,” she added.
The accused could face up to 40 years in prison if found guilty of violating Republic Act 8049 or the Anti-Hazing Law.
