Atio Castillo’s kin files raps vs. UST law dean over fatal ‘hazing’

The parents of freshman law student Horacio "Atio" Castillo III on Monday filed a supplemental complaint before the Department of Justice (DOJ) to include University of Santo Tomas Faculty of Civil Law dean Nilo Divina as among those they want prosecuted for the death of their son.

Assisted by lawyer Lorna Kapunan, spouses Horacio II and Carminia Castillo alleged that Divina violated the Anti-Hazing Law, the same charge filed by the Manila Police District against 17 of the 18 respondents in Atio's hazing death on September 17.

Divina was also charged with perjury, obstruction of justice, and murder by Castillo’s parents.

Several others were named in the supplemental complaint  filed during the second preliminary investigation hearing, including some Aegis Juris fraternity members and trustees of the Aegis Juris Foundation Inc.

DOJ holds 2nd preliminary probe hearing re: criminal complaint involving the death of UST law student Horacio Castillo III. | @virgillopez https://t.co/C5bcAHQ8Pd

— GMA News (@gmanews) October 9, 2017

The DOJ set the filing of counter affidavits for October 24 and October 30 for the response to the supplemental complaint.

The MPD, meanwhile, submitted copies of the CCTV footage to bolster its complaint, including a video showing a convoy of vehicles taking Castillo to the Chinese General Hospital.

The respondents, on the other hand, questioned the inclusion of the late Cavite Provincial Prosecutor Emmanuel Velasco in the supplemental complaint. Velasco, a member of the Aegis Juris Foundation Inc. Board of Trustees, died of a heart attack in May 2013.

Kapunan, in response, advised the foundation to update its general information sheet deposited with the Securities and Exchange Commission. 

"If it's not updated, how will we know who the members are?" Kapunan said. "We sincerely apologize. It is not our intention to blacken the memory of a dead brother."

Kapunan earlier said Divina appeared to have admitted during the Senate inquiry on September 25 that he was aware about Castillo's hazing and injuries in the hands of members of the Aegis Juris fraternity even before the victim's parents were informed.

The dean also allegedly did not act on the information as regards the hazing and Castillo's fatal injuries.

Under Section 4 of the Anti-Hazing Law (Republic Act 8049), school authorities including faculty members who consent to hazing or who have actual knowledge but failed to take any action to prevent the same from happening "shall be punished as accomplices for the acts of hazing committed by the perpetrators."

In their supplemental complaint, the Castillos said Divina failed to ensure the fraternity's compliance with the notice requirement regarding any hazing or initiation rites under Section 2 of RA 8049.

"Our lawyers informed us that considering that it was indubitably shown that respondent Divina knew of the hazing activities of his Aegis Juris brethren, the least that respondent Divina could have done was to assign at least two school representatives to be present at the initiation as required under Section 3 of the Anti-Hazing Law, to prevent the disastrous consequence that has befallen our son, Atio, and has claimed his life," the complaint stated.

"It is clear from the foregoing acts that our beloved son, Atio, died in the hands of his would-be brothers, herein respondent-members, and that efforts to catch these perpetrators were hindered and thwarted by their coddlers and protectors, herein respondent administrators [Divina and UST Faculty of Civil Law secretary general Arthur Capili]."

Divina had previously said UST could not be held liable for Castillo's death, claiming the university maintained a "very strict" anti-hazing policy.

He added that the incident happened outside the school premises, and the Aegis Juris fraternity, which conducted the deadly hazing rites for Castillo on September 17, was not an accredited school organization.

The UST dean said it seemed that the Castillo family was being manipulated by Kapunan "into doing something that is patently baseless."

"Our objective should be to find justice for Atio 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," Divina said.

It was also Kapunan who prepared the disbarment complaint recently filed by Patricia Bautista, the estranged wife of Commission on Elections Chairperson Andres Bautista, against Divina before the Supreme Court.

Divina has already filed two separate libel complaints against Kapunan over her accusations in connection with the disbarment complaint against him and Castillo’s death. —NB/BM, GMA News