Solano insists DOJ shouldn’t admit evidence taken from frat library

Hazing suspect John Paul Solano has asked the Department of Justice (DOJ) to reconsider its decision to admit evidence obtained by the police from the Aegis Juris library where freshman law student Horacio "Atio" Castillo III reportedly underwent initiation rites on September 17.

Solano, in a motion for reconsideration filed on November 9, insisted that the search warrant was applied for by the police and issued by the Manila Regional Trial Court for a supposed non-existing offense under Republic Act 8049 or the Anti-Hazing Law. 

"It bears to stress that the assailed search warrant was applied for and issued on the basis of alleged violation of Section 28 of RA 8049. However, RA 8049 does not have Section 28. Republic Act 8049 is limited only up to Section 7 thereof," the motion stated.

"The assailed warrant was issued in violation of the rule that search warrant should issue for one specific offense alone," it added.

Solano also said the search warrant was implemented "in the place other than what was described" in the document, thus making the implementation "invalid and illegal."

The Aegis Juris fratman did not provide details. 

In rejecting Solano's bid to exclude evidence taken from the Aegis Juris library, the DOJ panel of prosecutors said it was not within its jurisdiction to determine whether the evidence gathered in the implementation of the search warrant issued by the Manila RTC have been obtained illegally by the Manila Police District.

"It is significant to note that the occasion of a preliminary investigation is for the presentation of such evidence only as may engender a well-founded belief that an offense has been committed and that the accused is probably guilty thereof," the October 26 joint resolution read.

Solano also asked the DOJ anew to strike out from the records his judicial affidavit that was taken by the police.

The motion said the 27-year-old never appeared before Police Senior Inspector Rommel Anicete to subscribe under oath his judicial affidavit, where Solano claimed to have seen Castillo sprawled on the road in Balut, Tondo, on September 17.

Solano later took back that statement and said he was only following instructions from the fraternity on what to tell authorities about Castillo.

The licensed medical technologist's conflicting statements then became the basis for the perjury complaint against him.

"It bears to note that at the time of the signing of the subject judicial affidavit, there was no present police officer that is authorized to administer the oath and PSI Anicete was not present when the herein respondent signed the said judicial affidavit. This is undeniable proof of irregularity on the part of the MPD," the motion read.

"Thus, knowing that he will be signing the subject judicial affidavit without him subscribing and swearing before an authorized officer, respondent Solano took a picture of the said judicial affidavit without the signature of PSI Anicete," it said.

The DOJ earlier ruled that the judicial affidavit was "duly subscribed and sworn before a person authorized by law to administer oath." —NB, GMA News