Aegis Juris leader: No evidence showing Atio underwent hazing

Aegis Juris fraternity leader Arvin Balag, who allegedly struck the final blow that rendered Horacio "Atio" Castillo III unconscious, on Monday refuted allegations the freshman law student was subjected to hazing to gain admission into the organization.

Balag, in a counter-affidavit submitted to the Department of Justice (DOJ), asked the three-man panel of prosecutors to dismiss the complaints for murder, violation of the Anti-Hazing Law and obstruction of justice filed separately by the Manila Police District and Castillo's parents, Horacio II and Carminia. 

"I could not in any way be held liable for violation of Republic Act 8049 (Anti-Hazing Law) since there is no evidence whatsoever that Atio was placed in some embarassing or humiliating situation or subjected to physical or psychological suffering or injury as a prerequisite for admission or entry to an organization and that I have any direct participation therein," the counter-affidavit stated.

Balag said he cannot also be held liable for murder "for the simple reason that neither my presence nor my participation nor my participation was proven" by the complainants.

Balag also said the screenshots of conversations on Facebook where he allegedly instructed fraternity members to keep silent about Castillo's death and deactivate their social media accounts were not properly authenticated and could not be used as evidence against him.

Echoing the defense of fellow respondents John Paul Solano and Axel Hipe, Balag said Castillo died from a pre-existing heart disease called hypertrophic cardiomyopathy and not from hazing.

"If indeed it is true that Atio is a victim of hazing where he suffered from severe physical trauma, Atio's kidneys should have acquired some degree of kidney injury due to accumulation of myoglobin and the same could be a cause of acute kidney failure/failure resulting to multiple organ failure," Balag's counter-affidavit read.

It was Balag who was named by hazing suspect-turned-witness Marc Anthony Ventura as the person who gave the fifth and final paddle hit that rendered Castillo unconscious. Castillo, a student of the University of Santo Tomas, was later brought to the Chinese General Hospital where he was pronounced dead.

Balag, who balked at answering questions regarding his leadership and membership in the fraternity at a congressional inquiry on the Castillo hazing case, is now detained at the Senate after he was held in contempt.

He subscribed his counter-affidavit before another government prosecutor since he could not make it to the preliminary investigation hearing due to his detention. —KBK, GMA News