SC upholds first ever Anti-Hazing Law conviction

The Supreme Court has upheld a Laguna trial court's conviction of two suspects in the 2006 death of UP Los Baños student Marlon Villanueva - the first ever conviction under Republic Act No. 8049 or the Anti-Hazing Law.

At the same time, the tribunal pushed for amendments in the law, among which, is the consideration as well of psychological harm inflicted on victims when deciding the penalties to be imposed on hazing convicts.

In a decision penned by Associate Justice Jose Mendoza, the high court's Second Division affirmed the conviction of Alpha Phi Omega fraternity members Dandy Dungo and Gregorio Sibal by the Laguna Regional Trial Court Branch 36.

The two were sentenced to reclusion perpetua or imprisonment of a minimum 20 years and a day to 40 years.

Villanueva, a 21-year-old agriculture economics student and neophyte of the fraternity, died after being subjected to physical initiation rites in Barangay Pansol, Calamba City on January 14, 2006.

The two were found guilty by the Laguna court on February 23, 2011. Their conviction was later affirmed by the Court of Appeals in 2013, prompting the two to elevate the case to the Supreme Court.

In its ruling, the high tribunal said even if Dungo and Sibal were not proven to have participated in the initiation rites, evidence still showed the two bringing the victim to the venue of the initiation rites and later rushing him to the Jose P. Rizal Memorial Hospital in Barangay Halang where the victim was pronounced dead.

"Because of the uncontroverted prima facie evdience against petitioners, it was shown that they performed an overt act in the furtherance of the criminal design of hazing," ruled the SC.

"Not only did they induce the victim to attend the hazing activity, the petitioners also actually participated in it based on prima facie evidence. These acts are sufficient to establish their roles in the conspiracy of hazing," it added.

The court said prima facie evidence can prove participation in a criminal conspiracy, "unless they prevented the commission of the acts therein."

The SC also said it was only logical and proper for the prosecution to have only presented circumstantial evidence, and not details of the initiation rites, given that hazing is "shrouded in secrecy... (and) fraternities and sororities are secretive in nature and their members are reluctant to give information regarding initiation rites."

The high court also thumbed down the Dungo and Sibal's alibis, saying they are "easy to concoct and fabricate."

The SC said it agreed with the RTC and the CA that circumstantial evidence presented by the prosecution was "overwhelming enough" to establish the guilt of the two beyond reasonable doubt.

"Another young life lost. With the fact of hazing, the identity of the petitioners and their participation therein duly proven, the moral certainty that produces conviction in an unprejudiced mind has been satisfied," ruled the SC.

The SC expressed hopes that the case would serve as a guide to the bench and the bar on the application of RA 8049.

The tribunal admitted the anti-hazing law was "far from perfect," and suggested further amendments to it.

"First, there should be a penalty or liability for non-compliance to Section 2 or the written notice requirement, and with Section 3 or the representation requirement," said the SC.

"Second, the penalties under Section 4 should also consider psychological harm done to the victim of hazing," said the SC, adding: "With these additional inputs on RA 8049, the movement against hazing can be invigorated." -Mark Merueñas, GMA News