SERVANDO
A MAKATI judge has dismissed the case against the 12 accused in the alleged hazing death of De La Salle-College of St. Benilde student Guillo Cesar Servando.
The decision of Makati Regional Trial Court Branch 53 Judge Honorio Guanlao, promulgated on April 20, was criticized by Servando’s father, Aurelio, who said it “clearly showed how difficult it was to prosecute hazing cases despite the Anti-Hazing Law.”
In Guanlao’s two-page resolution, a copy of which was obtained by Inquirer, he said: “[T]he prosecution failed to allege in the amended information dated Jan. 9, 2015 that the final initiation rites conducted on June 28, 2014 [in] Makati City was a prerequisite to the entry/admission of the victim to the Tau Gamma Phi Fraternity, La Salle-St. Benilde Chapter” (See What Went Before on Page A25).
Insufficient, incomplete
“Failure to aver this crucial ingredient would prevent successful prosecution of the criminal responsibility of the accused, either as principal or accomplice, for the crime of hazing.”
According to the judge, “plain reference to a technical term—in this case, hazing—is insufficient and incomplete as it is but a characterization of the acts allegedly committed and a mere conclusion of law.”
In a separate statement, Aurelio’s lawyer Leo Benedicto, claimed that the judge dismissed the case “just because we did not use the words he wanted us to use.”
“In his decision, Judge Guanlao, cited a Supreme Court decision last December, 2015 in People of the Philippines versus Bosabos, that one of the elements of hazing is that the action that led to the death must be a prerequisite for membership in a fraternity, sorority, etc.”
Benedicto, however, said that the phrase they used—“in the final initiation of the Tau Gamma Phi fraternity of St. Benilde”—implied that the initiation rites were the final step a neophyte needed to hurdle before being considered a member of the group.
“[It’s] the same thing albeit using different words … one does not have to be a rocket scientist to understand that it means one and the same thing,” he added.
Aurelio said they filed a motion earlier this month asking Guanlao to reconsider resolution that upheld the “motion to quash the information” filed against one of the accused, Eleazar Pablico.
In approving the motion, Aurelio stressed that the case against all 12 accused in his son’s death had been dismissed since the public prosecutors filed only one information against all of them.
Aurelio said of the 12 accused, he was pursuing the case against four people: Coddy Morales, the alleged mastermind and leader, his cousin Mark Ramos, Pablico and Hans Tatlonghari.