UST not liable for Atio Castillo’s death —law dean Divina

The University of Santo Tomas is not liable for the death of freshman law student Horacio "Atio" Castillo III due to hazing, said University of Santo Tomas (UST) law dean Nilo Divina.

"I don't think UST is liable because the test is 'Did you measure up to the standards of a good father of a good family?'" Divina said in a television interview on Friday.

Divina maintained UST has a "very strict" anti-hazing policy.

"We have a very strict policy against hazing—so that policy is part of our manual, and then annual orientations are conducted to all students, 'no," Divina said.

"Organizations that apply for accreditation are required to undertake that they will not engage (in) any form of hazing," he added.

Castillo died after undergoing hazing, the Manila Police District medico-legal doctor said. He had a massive heart attack possibly due to the injuries he suffered. Castillo was a neophyte who underwent "welcoming rites" of the Aegis Juris Fraternity on the weekend of September 16 to 17 at its frat library on Laon Laan-Navarra Street in Sampaloc, Manila, near UST.

Divina also cited the hazing incident happening outside UST, and the current un-accreditation of the Aegis Juris fraternity, as grounds for the school to evade liability.

"The incident happened outside the university. Lastly, the fraternity is not recognized for this year," Divina said.

And even recognition is not an excuse, he added.

"But even assuming that it's recognized, the fact is it is required to undertake that it is not engaged in hazing. Recognition doesn't mean approval of any illicit or unlawful acts," he said.

Divina further said UST has formed an investigating committee because Aegis Juris was "required to inform school authorities if they will do hazing" but apparently failed to do so, for the school did not receive such a notice.

"If there was hazing and no notice was given to the school authorities is a violation of the law," Divina said, still in the television interview.

Divina, who also said he did not know of Castillo's death until he saw it in the news, said in the interview he is "seriously considering" resigning from Aegis Juris amid the controversy Castillo's death has sparked.

Various political figures have stated they think schools have to be held liable for hazing-related deaths.

The Anti-Hazing Law of 1995 itself, for its part, says school authorities who consent to the hazing, or have knowledge of it, but fail to prevent it will be punished as accomplices. —Nicole-Anne C. Lagrimas/KG, GMA News