Lorna Kapunan convicted of unjust vexation over statements vs. UST Law dean

A Manila regional trial court (RTC) has convicted lawyer Lorna Patajo-Kapunan of unjust vexation in connection with statements she made against University of Santo Tomas (UST) Faculty of Civil Law Dean and Divina Law managing partner Nilo Divina.

In a decision dated July 24, Manila RTC Branch 11 Judge Cicero Jurado, Jr. sentenced Kapunan to 30 days in jail and to pay over P2 million in damages—P1 million each for moral and exemplary damages, and P500,000 for attorney's fees.

To recall, Kapunan was earlier acquitted by Metropolitan Trial Court of Manila Branch 17 Judge Karla Funtila-Abugan, but this was nullified by Jurado, who found merit in the case.

"After a meticulous perusal of the decision, order and record of this case, the Court is convinced that there is merit in this petition," he said.

The case stems from an interview with Kapunan aired on ANC on October 27, 2017, regarding the fatal hazing of UST Law student Horacio "Atio" Castillo III into the Aegis Juris Fraternity in September 2017.

Earlier resolutions of the Department of Justice (DOJ) found that Kapunan, during the interview, insinuated that Divina committed crimes by saying he recruited Castillo into the fraternity and "coddled" members who allegedly hazed the 22-year-old to death.

"It is apparent that the private respondent's statement is annoying and vexations to petitioner Divina. The term 'obstructionist' is upsetting to him," Jurado said in his ruling.

Jurado noted that the earlier ruling "disregarded the material prosecution's evidence" and that it was not categorically established that Castillo's parents denied knowing Divina and that he was the one who recruited their son.

"Then in the ANC interview, private respondent mentioned petitioner as coddling the fraternity members who allegedly participated in the initiation rights of Atio immediately after the latter's death," he said.

"However, she could not substantiate her declaration in the said ANC interview. She only mentioned that she has a 'credible source'."

Jurado added that the criminal charges filed by the Castillo spouses against Divina were dismissed by the DOJ, which was "apparently disregarded" by the earlier ruling.

"To the judicial eye and, applying the definition of Unjust vexation to the arguments of petitioner, there can be no other conclusion that indeed there is unjust vexation," he said.

Sought for comment, Divina said he felt vindicated by the recent ruling.

"I feel vindicated. I have no hatred or rancor against Atty. Lorna Kapunan. I have moved on. But, justice must be served," he said in a mobile message.

In a separate statement, Kapunan said her camp is now looking into possible steps to be taken moving forward.

"This is clearly double jeopardy—you cannot appeal an acquittal. My lawyers are studying my legal remedies against what clearly is grave abuse of discretion and/or ignorance of the law," she said in a separate mobile message.

"Yes—I am confident that justice will be served and my acquittal will be affirmed ON THE MERITS and in accordance with law," she added.

Divina in October 2017 also slapped two separate libel complaints against Kapunan over her accusations in connection with the disbarment complaint against him, also in connection to the hazing death of Castillo. — BM, GMA News