Gordon says Solano must spill the beans on Atio death

If he breaks his “code of silence,” John Paul Solano may not be the "most guilty” in the hazing-related death of Horacio “Atio” Castillo III, but he will still answer for his alleged involvement in the “conspiracy,” Senator Richard Gordon said Tuesday.

“[He] may not be the most guilty, ibig sabihin pwede siyang mag-testify, pero guilty siya dahil dinala niya 'yung tao [sa ospital], di natin alam kung buhay pa yun o mase-save [pa],” Gordon told dzBB’s Mike Enriquez.

“Dinala niya sa mas malayo para itago, para ikubli sa awtoridad, na nakadisgrasya sila o nakamatay na sila so kasama siya doon,” he added.

But if Solano still refuses to name his fraternity brothers involved in the hazing of Castillo, a 22-year-old Aegis Juris neophyte and University of Santo Tomas (UST) student, Gordon said he will be held further liable.

“Kasama siya [on murder charge], katulad nga nung sinabi ko, sa bibig niya mismo nahuli siya, dahil sabi niya dinala ko sa malayo dahil yun ang utos sa ‘kin, he became part of the conspiracy,” Gordon said.

Gordon, who is leading the Senate investigation on Castillo’s death, said he has so far concluded that Castillo was, indeed, killed, and second, that members of the fraternity are covering up the crime.

“Ang conclusion ko ay murder 'yang ginawa ng mga batang yan, dahil una viniolate nila yung [Anti-] Hazing Law,” Gordon said.

“Pangalawa, pinagtakpan nila, imbis na dalhin sa UST na malapit, five minutes lang, dinala nila doon sa Chinese General na pagkalayo-layo,” Gordon added.

The hearing on Castillo’s death started on September 25 and saw Solano refusing to give details while being grilled by senators. 

Despite this, Gordon said Solano “has no choice but to divulge” the identities of his fellow Aegis Juris members.

“Tinatago nila, at I think to a certain extent napatunayan natin na talagang tinatago yung tao, and that constitutes a conspirancy, kaya guilty sila,” Gordon said of the Aegis Juris fratmen involved in Castillo’s hazing and death.

Gordon further said Castillo’s corpse was embalmed without being checked for the actual time of death, and that UST Law Dean Nilo Divina, also a member of Aegis Juris, did not immediately alert Castillo's parents when he learned of the law student’s death.

“Sabi ko mataas siya sa pwesto, isa siya sa mga leader ng fraternity, pwede niyang tawagan yung mga brods niya, ano pangalan, may Castillo raw namatay, para malaman. [Gawin natin] ang tungkulin sa mga magulang,” Gordon said.

“Hindi niya ginawa yun. I was disappointed with him,” Gordon said. “Sabi ko, ‘yan ba ang tinuturo niyo?”

Meanwhile, Solano’s yet-to-be-determined penalty will be reduced by two degrees because he voluntarily surrendered, Gordon said.

Law "not a guarantee of conviction"

Meanwhile, former Senator Joey Lina, who authored Republic Act No. 8049, or the Anti-Hazing Law of 1995, said some 300 hazing suspects are “at large” since the law’s enactment 22 years ago.

“‘Di garantisado na kapag may batas na, eh susunod na ang tao, o kaya ang hustisya ay makakamtan agad,” Lina said in a separate interview.

The 22-year-old law saw its first and so far only conviction in 2015 when Alpha Phi Omega fraternity members Dandy Dungo and Gregorio Sibal were convicted for the death of University of the Philippines Los Baños student Marlon Villanueva. 

Villanueva died in 2006—the conviction was nine years in the making.

“Ang ibig ko pong sabihin, ang batas talagang sinasabing ang mga pasaway [ay] paparusahan kung sila’y lumabag sa batas, pero ang kailangang mapatunayan na nilabag ang batas. Yun ang isang malaking problema,” Lina said.

Lina likened the Anti-Hazing Law to laws on rape and robbery, saying those are policies with several unheard cases and unconvicted offenders. He attributed the matter to “clogged” Philippine courts with massive case backlogs, as well as to the country’s justice system itself.

But Lina said he does not agree with current calls to repeal the law he authored. He said repealing a law amounts to "nullifying" it, throwing into ambiguity what will happen to offenders of the 1995 law.

"Anong mangyayari sa mga nakakulong na, na naparusahan na sa Anti-Hazing Law? Anong mangyayari sa mga pending cases?" Lina told Raffy Tima of Balitanghali.

If the existing law is repealed, "Malaki ang posibilidad [na] malilibre yung mga nakakulong na, at yung mga pending cases ay maaaring ma-dismiss," Lina said.

Furthermore, Lina said gaps in the law don't make it weak.

"Kahit na naman ganyan, may depekto na konti o may subject for interpretation, yan naman ay di nangangahulugang mahina yung batas," he said.

Instead, Lina called for amending the title and certain provisions of the law. 

First, he wants the title of the law to revert to what he claimed was his original title, which was "an act instituting the crime of hazing". 

"Ang title ngayon, which is not the law itself, ay pwedeng ma-improve, kuhanin na uli yung bersyon kong dati," he added. He said he also wants removed the provision of giving notice to the school prior to conducting initiation rites.

He also cited drunkenness or intoxication as an aggravating factor for a perpetrator of hazing: "'Yung sitwasyon na lasing yung nang-hazing, dapat mailagay yun as an aggravating circumstance, magpapataas ng parusa," he added.

On Solano, Lina commented that the medical technologist who brought Castillo to the hospital is already liable for perjury for giving a false statement to authorities, and for obstruction of justice for refusing to name his “brods” who were more directly involved in Castillo’s death.

But any fraternity member’s witnessing of an act of hazing and non-reporting to authorities is already an offense, Lina said.

“Mapatunayan lang na nandoon sila sa hazing at wala silang ginawa para matigil yung hazing: hindi nila nireport, hindi sila nagreport sa barangay, hindi sila nagpunta sa pulis, nandoon lang sila, sila po ay mapaparusahan na,” Lina said.

As the case plods forward, the House of Representatives has on Tuesday started deliberating amendments to the Anti-Hazing Law.

Castillo will be interred on Wednesday at the Manila Memorial Park. —Nicole-Anna Lagrimas/KBK, GMA News