The Justice department has sustained its decision dismissing the criminal charges against University of Santo Tomas law dean Nilo Divina and the other officers and members of the Aegis Juris fraternity over the fatal hazing of law freshman Horacio Castillo III in September last year.
In a resolution approved on July 5, the department denied the petition for review filed by Castillo’s parents, which had sought the indictment of Divina and 25 other respondents who were cleared by the investigating prosecutors in March.
The resolution, signed by Justice Undersecretary Antonio Kho Jr., who was recently appointed the commissioner of the Commission on Elections, cited technical grounds for the dismissal of the Castillos’ appeal.
In particular, the department cited procedural lapses, such as the complainants’ failure to file their petition within the period provided under the rules.
The department has found criminal liability on only 11 Aegis Juris members after a preliminary investigation.
No bail was recommended for 10 of them who are detained at the Manila City Jail while standing trial and are scheduled for arraignment on July 24.
John Paul Solano, one of the witnesses in the investigation who admitted bringing Castillo to the hospital, was charged with perjury.
The prosecutors found probable cause to indict them based on the testimony of state witness Mark Ventura, who gave a detailed account of the hazing where he participated in.
According to the department, a petition for review on its resolutions must be filed within 15 days upon receipt of the resolution, but the Castillos filed their petition 35 days after receipt.
“The instant petition should be denied due course for failure to comply with the requirements on appeal,” the resolution said.
“Settled is the rule that the right to appeal may be exercised only in the manner and in accordance with the provisions of the law or pertinent rules of procedure.
“The party who seeks to avail of the same must comply with the requirements of the law or rules. Failing to do so, his appeal will be dismissed.”
