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DOJ starts probe of 18 hazing suspects
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FILE: The DOJ investigating panel namely Assistant State Prosecutor Susan Villanueva, head of the panel, with Associate Prosecutor Attorneys Wendell Bendoval and Honey Rose Delgado as members ruled to give the complainants until Oct. 9 to submit their supplemental complaints and additional evidence. (PNA photo)MANILA — The Department of Justice (DOJ) on Wednesday started its preliminary investigation on the criminal charges filed against 18 individuals suspected involved in the fatal hazing of University of Santo Tomas (UST) law freshman Horacio “Atio” Castillo III.
Accompanied by his lawyer, primary suspect John Paul Solano appeared at the hearing. Solano is charged with murder, violations of Republic Act 8049 (Anti-Hazing Law), perjury, obstruction of justice and robbery by the Manila Police District (MPD) before the DOJ.
Other suspects facing complaints of murder and violation of the Anti-Hazing Law are other members of the Aegis Juris Fraternity as well as members of its sister organization, Regina Sorority.
They are Antonio Trangia and his son Ralph; Arvin R. Balag, Mhin Wei R. Chan, Ranie Rafael Santiago, Oliver John Audrey B. Onofre, Jason Adolfo Robiños, Danielle Hans Matthew Rodrigo, Karl Mathew Villanueva, Joshua JorielMacabali, Axel Munro Hipe, Marc Anthony Ventura, Aeron Salientes, MarcelinoBagtang, ZimonPadro and Jose Miguel Salamat.
Trangia’s mother, Rosemarie, was also included in the complaint for obstruction of justice.
She flew with her son to the US a few days after the incident and before the DOJ could issue a hold departure order.
Aside from Solano, respondent Robinos also attended Wednesday’s hearing together with his lawyer.
Solano and Robinos manifested their readiness to submit their separate counter affidavits, but opted to defer this after the complainants manifested that they would be submitting supplemental complaints and additional evidence.
Only Onofre, Rodrigo and Salamat were neither present nor represented by a lawyer.
During the preliminary investigation, MPD legal counsel Rico Betic manifested that he would be submitting supplemental complaint affidavit and evidence to bolster their case against the respondents.
The MPD said it would submit the results of the Scene of the Crime Operatives (SOCO) on the fluids and other evidence it might have extracted from the Aegis Juris Fraternity Library, they are also still securing cellular phone records from the telecommunications company, and to include Antonio Trangia as one of the respondents in the Castillo hazing complaint.
Likewise, lawyer Lorna Kapunan, who is representing the Castillo family as private complainant, manifested during the proceedings that she would also be submitting a supplemental affidavit to include as respondents UST Faculty of Law dean Nilo Divina and other officials of the university.
Kapunan earlier said “there must be a burden of proof on the authorities of the school to prove their innocence.”
She noted that it was clear from the investigation conducted by the Senate that there was a cover-up in connection with the death of Castillo.
Considering the manifestation of the MPD and the camp of Solano’s family to file their respective supplemental complaint affidavits, the counsels for the respondents opted to seek deferment of the filing of their clients’ counter affidavits until the complainants have completed their affidavits.
During the hearing, Solano’s lawyer Paterno Esmaquel submitted a four-page motion to strike before the DOJ investigating panel led by State Prosecutor Susan Villanueva during the start of the preliminary investigation on the charges filed by the Manila Police District (MPD) in connection with Castillo’s death.
Esmaquel added that before the complainants could use Solano’s judicial affidavit dated September 17, 2017, it must first be subscribed and sworn to before any prosecutor or government official authorized to administer oath, or in their absence, before a notary public.
In the case of Solano’s judicial affidavit, Esmaquel said it was not subscribed by any person authorized to administer oath.
Esmaquel even accused MPD Homicide Division chief, Senior Inspector Rommel Anicete, of falsifying Solano’s judicial affidavit by signing the same and making it appear that it was subscribed before him.
The lawyer noted that his client never appeared before Anicete to subscribe under oath, the said affidavit.
In fact, Esmaquel said that at the time Solano executed the judicial affidavit, there was no police officer present that is authorized to administer oath, including Anicete.
“All told, it is a plain and simple falsification of public document and/or submission of false testimony and/or perjury for the complainants to submit and use as evidence in the instant complainants the said falsified judicial affidavit of the herein respondent,” Solano’s counsel said.
“Accordingly, the herein respondent respectfully submits that his alleged judicial affidavit is a fruit of a poisonous tree and thus, the same is inadmissible as evidence in any courts of law or proceedings not only for being a falsified document but also because it was executed in violation of his constitutional right,” he added.
The DOJ investigating panel namely Assistant State Prosecutor Susan Villanueva, head of the panel, with Associate Prosecutor Attorneys Wendell Bendoval and Honey Rose Delgado as members ruled to give the complainants until Oct. 9 to submit their supplemental complaints and additional evidence.
The panel gave the respondents until Oct. 24 to file their respective counter-affidavits.
When sought for comment, Divina said in a statement: “It’s unfortunate that Acio’s family is being manipulated by their lawyer into doing something that is patently baseless.
Our objective should be to find justice for Acio and find out the truth. Instead the obvious objective is now to lay the blame on innocent people to further the lawyer’s personal agenda.”
Castillo reportedly died during hazing rites of the Aegis Juris fraternity last September 16. (PNA)
