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This case is all about the detach of Marlon Villanueva during
the initiation rites for his admission in the Alpha Phi Omega Fraternity
*Marlon Villanueva - the new member of APO fraternity who died during the initiation rites
*Dandy L. Dungo and Gregorio A. Sibal - the accused persons in Villanueva's deatch, and that are responsible in the initiation rites
The initiation happened on January 14, 2006. Specifically, on or about 2:30 in the morning
The initiation happened at Villa Novaliches Resort , Brgy. Pansol, Calamba ,City, Province of Laguna.
The initiation happened to admit Marlon Villanueva in Alpha Phi Omega Fraternity.
Around 3:20 am, January 14, 2006, the victim Marlon Villanueva was brought to the emergency room of Dr. Jose P. Rizal District Hospital. Dr. Ramon Masilungan, physician at the emergency room, observed that Villanueva was motionless, not breathing and had no heartbeat so tried to revive Villanueva for about 15-30 minutes. Villanueva, did not respond and was pronounced dead. Dr. Masilungan noticed a big contusion hematoma on the left side of the victim’s face and several injuries on his arms and legs, he attested that the blood in Villanueva’s face was no longer running through his body due to lack of oxygen; and when he pulled down his pants, he saw large contusions on both legs, which extended from the upper portion of the thighs, down to the couplexial portion, or back of the knees.
The prosecution presented 20 witnesses to prove the crime charged
He disclose that two men brought Villanueva to the hiospital as long as their conversations. He also reduced his findings in a medico-legal report.
A Medico-Legal Officer of the Philippine National Police Crime Laboratory in Region IV, performed an autopsy on the body of Villanueva, he opined that the injuries were hazing-related.
The owner of the sari-sari store located at Purok 5, Pansol, Calamba City, in front of Villa Novaliches Resort, around 8:30-9:00 o’clock in the evening, saw a jeepney with more than 20 persons arrive at the resort and 3 persons, riding on a single motorcycle followed.
A tricycle driver plying the route of Pansol, Calamba City, testified that a man approached him and told him that someone inside the resort needed a ride. Afterwards, he saw three men in their 20’s-30’s carrying another man, who looked very weak, like a vegetable, he touched it and it is cold. Then they instructed Magat to go to the nearest hospital.
Security guards on duty at JP Rizal Hospital, they said that on January 14, 2006, two men, who signed on the logbook 13 under the names Brandon Gonzales and Jerico Paril, brought the lifeless body of a person.
Testified that on January 14, 2006 at around 3:30 o’clock in the early morning, Natividad called up the PNP Calamba City Station to report that a lifeless body of a man was brought to JP Rizal Hospital. When he arrived, he saw Villanueva’s corpse with contusions and bite marks all over his body.
A food technology student at UP Los Baños during the academic year of 2005-2006. She was at their organization’s tambayan, she noticed three men seated two meters away from her, two of the three men are Sibal and Dungo. 2 more men arrived and, with their heads bowed and one of them is Villanueva.
A good friend of Villanueva said that Villanueva introduced him to Daryl Decena as his APO - Theta Chapter batchmate, who was also to undergo final initiation
rites on January 13, 2006.
Director of the Students Affairs at UP Los Baños, testified that Dungo and Sibal were both members of the APO Fraternity
Officers of the Student Disciplinary Tribunal of the UP Los Baños, testified that an administrative disciplinary case was filed on March 31, 2006 against the APO Fraternity regarding the death of Villanueva.
UP - Office of the Legal Aid supervising student, testified that he met Tan of the APO Sorority sometime between July and August 2006 in UP Diliman: to convince her to testify in the criminal case.
Mother of victim Villanueva, testified that, as a result of the death of her son, her family incurred expenses in the aggregate amount of ₱147,000.00
Richard Cornelio
Ana Danife Rivera
Gilbert Gopez
An APO Fraternity member, testified that on January 13, 2006, around 4:00 to 4:30 o’clock in the afternoon, he met Dungo at the UP Los Baños Graduate School. Dungo asked him if he would attend the initiation ceremony, and Cornelio answered in the negative
Testified that he was the Grand Chancellor of the APO -Theta Chapter for years 2005-2006. At around 7:00 o’clock in the evening of January 13, 2006, he was at the tambayan of their fraternity in UP Los Baños because their neophytes would be initiated that night.
The girlfriend of Dungo, testified that on January 13, 2006 at around 1:00 o’clock in the afternoon, Dungo came and visited her at her boarding house on Raymundo Street. Around 4:00 o’clock of the same afternoon, they went to the UP Los Baños Graduate School and saw Cornelio.
RTC RULING
CA RULING
UNITED STATES LAWS AND JURISPRUDENCE ON HAZING
ANTI-HAZING LAW IN THE PHILIPPINES
The evidence of the prosecution undeniably proved that Villanueva, a UP Los Banios student, was a newbie of the APO - Theta Chapter Fraternity; that Dungo and Sibal were members of the said fraternity; that on the evening of January 13, 2006, Dungo and Sibal, together with the other fraternity members, officers and alumni, brought and transported Villanueva and two other newbie to Villa Novaliches Resort at Barangay Pansol, Calamba City, for the final initiation rites;
The RTC explained that even if there was no evidence that Dungo and Sibal participated to bodily assault and harm the victim, it was irrefutable that they brought Villanueva to the resort for their final initiation rites. Clearly, they did not merely persuade Villanueva to attend the final initiation rites, but they also brought him to Villa Novaliches Resort.
Court finds the accused Dandy Dungo and Gregorio Sibal Guilty of violating Section 4 of the Anti-Hazing Law and sentenced them to suffer the penalty of Reclusion Perpetua and order them to jointly and severally pay the family /heirs of Deceased Marlon Villanueva the following sums of money: for actual damages, moral damages, exemplary damages and for his death with a total of 491, 324,000.00 pesos.
They discussed the unbroken chain of circumstantial evidence to convict Dungo and Sibal as principals in the crime of hazing. Both the RTC and the CA found them guilty of violating R. A. No. 8049 because they Induced the victim to be present during the initiation rites. The crime of hazing by inducement does not necessarily include the criminal charge of hazing by actual participation
There are different definitions of hazing, depending on the laws of the states. Presently, the acceptable definition of hazing is the practice of physically or emotionally abusing newcomers to an organization as a means of initiation.
Hazing can be classified into various categories including, but not limited to, acts of violence, acts of humiliation, sexual-related acts, and alcohol-related acts.
Under R.A. No. 8049, or the Anti-Hazing Law of 1995, has been enacted to regulate hazing and other forms of initiation rites in fraternities, sororities, and other organizations.
Defines hazing as an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.
Under Section 9, Cause of the accusation. The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.
The Court agrees with the OSG that the "planned initiation rite" as stated in the information included the act of inducing Villanueva to attend it. In ordinary parlance, a planned event can be understood to have different phases. Likewise, the hazing activity had different stages and the perpetrators had different roles therein, not solely inflicting physical injury to the neophyte.
Conspiracy of the Offenders was Duly Proven.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit. To determine conspiracy, there must be a common design to commit a felony.
R.A No. 8049. section 4, paragraph 6
thereof provides that the presence of any person during the hazing is prima facie evidence of participation as principal, unless he prevented to commission of the punishable acts.
The testimony of Ignacio was direct and straightforward. Her testimony was given great weight because she was a disinterested and credible witness. The prosecution indubitably established the presence of Dungo and Sibal during the hazing.
After a careful review of the records, the records, the court agrees with the CA and the RTC that the circumstantial evidence presented by the prosecution was overwhelming enough to establish the guilt of the petitioners beyond a reasonable doubt. The unbroken chain of events laid down by the CA leaves us no other conclusion other than the petitioners participation in the hazing. They took part in the hazing and together with their fellow fraternity officers and members, inflicted physical injuries to Villanueva as requirement of his initiation to the fraternity. The physical injuries eventually took a toll on the body of the victim, which led to his death. Another young life lost. With the fact of hazing, the identity, of the petitioners and their participation therein duly proven the moral certainly that procedures conviction in an unprejudiced mind has been satisfied.