Petitioners vs. vs. Respondent: Second Division

SECOND DIVISION
[G.R. No. 209464. July 1, 2015.]
DANDY L. DUNGO and GREGORIO A. SIBAL, JR. , petitioners, vs.

PEOPLE OF THE PHILIPPINES , respondent.
DECISION
MENDOZA , J : p
The fraternal contract should not be signed in blood, celebrated with pain,
marred by injuries, and perpetrated through suffering. That is the essence of Republic
Act (R.A.) No. 8049 or the Anti-Hazing Law of 1995.
This is a petition for review on certiorari seeking to reverse and set aside the
April 26, 2013 Decision 1 and the October 8, 2013 Resolution 2 of the Court of Appeals
(CA) in CA-G.R. CR-H.C. No. 05046, which a rmed the February 23, 2011 Decision 3 of
the Regional Trial Court, Branch 36, Calamba City (RTC). The RTC found petitioners
Dandy L. Dungo (Dungo) and Gregorio A. Sibal, Jr. ( Sibal), guilty beyond reasonable
doubt of the crime of violation of Section 4 of R.A. No. 8049, and sentenced them to
suffer the penalty of reclusion perpetua.
The Facts
On February 1, 2006, the O ce of the City Prosecutor of Calamba, Laguna, led
the Information 4 against the petitioners before the RTC, the accusatory portion of
which reads:
That on or about 2:30 in the early morning of January 14, 2006, at Villa
Novaliches, Brgy. Pansol, Calamba City, Province of Laguna and within the
jurisdiction of the Honorable Court, the above-named accused, during an
initiation rite and being then members of Alpha Phi Omega fraternity and
present thereat, in conspiracy with more or less twenty other members and
o cers, whose identity is not yet known, did then and there willfully, unlawfully
and feloniously assault and use personal violence upon one MARLON
VILLANUEVA y MEJILLA, a neophyte thereof and as condition for his admission
to the fraternity, thereby subjecting him to physical harm, resulting to his death,
to the damage and prejudice of the heirs of the victim.
CONTRARY TO LAW.
On February 7, 2006, upon motion, the RTC admitted the Amended Information 5
which reads:
jurisdiction of the Honorable Court, the above-name accused, during a planned
initiation rite and being then o cers and members of Alpha Phi Omega
fraternity and present thereat, in conspiracy with more or less twenty other
members and o cers, whose identity is not yet known, did then and there
willfully, unlawfully and feloniously assault and use personal violence upon one
MARLON VILLANUEVA y MEJILLA, a neophyte thereof and as condition for his
admission to the fraternity, thereby subjecting him to physical harm, resulting to
CD Technologies Asia, Inc. 2018 cdasiaonline.com
his death, to the damage and prejudice of the heirs of the victim.
CONTRARY TO LAW.
On February 7, 2006, Dungo led a motion to quash for lack of probable cause, 6
but it was denied by the trial court because the ground cited therein was not provided
by law and jurisprudence. When arraigned, the petitioners pleaded not guilty to the
crime charged. 7 Thereafter, trial ensued.
Version of the Prosecution
The prosecution presented twenty (20) witnesses to prove the crime charged.
Their testimonies are summarized as follows:
At around 3:20 o'clock in the morning of January 14, 2006, the victim Marlon
Villanueva (Villanueva) was brought to the emergency room of Dr. Jose P. Rizal District
Hospital (JP Rizal Hospital). Dr. Ramon Masilungan (Dr. Masilungan) , who was then the
attending physician at the emergency room, observed that Villanueva was motionless,
not breathing and had no heartbeat. Dr. Masilungan tried to revive Villanueva for about
15 to 30 minutes. Villanueva, however, did not respond to the resuscitation and was
pronounced dead. Dr. Masilungan noticed a big contusion hematoma on the left side of
the victim's face and several injuries on his arms and legs. He further attested that
Villanueva's face was cyanotic, meaning that blood was no longer running through his
body due to lack of oxygen; and when he pulled down Villanueva's pants, he saw large
contusions on both legs, which extended from the upper portion of the thighs, down to
the couplexial portion, or back of the knees.
Dr. Masilungan disclosed that two (2) men brought Villanueva to the hospital.
The two told him that they found Villanueva lying motionless on the ground at a store in
Brgy. Pansol, Calamba City, and brought him to the hospital. When he asked them
where they came from, one of them answered that they came from Los Baños, Laguna,
en route to San Pablo City. He questioned them on how they found Villanueva, when the
latter was in Brgy. Pansol, Calamba City. One of the men just said that they were headed
somewhere else. CAIHTE
Dr. Masilungan reduced his ndings in a medico-legal report. 8 Due to the nature,
extent and location of the injuries, he opined that Villanueva was a victim of hazing. He
was familiar with hazing injuries because he had undergone hazing himself when he was
a student, and also because of his experience in treating victims of hazing incidents.
Dr. Roy Camarillo (Dr. Camarillo) , Medico-Legal O cer of the Philippine National
Police Crime Laboratory (PNP-CL) in Region IV, Camp Vicente Lim, Canlubang, Calamba
City, testi ed that he performed an autopsy on the body of Villanueva on January 14,
2006 and placed down his ndings in an autopsy report. 9 Upon examination of the
body, he found various external injuries in the head, trunk and extremities. There were
thirty-three (33) external injuries, with various severity and nature. He concluded that the
cause of death was subdural hemorrhage due to head injury contusion-hematoma.
Based on multiple injuries and contusions on the body, and his previous examinations
of hazing injuries, Dr. Camarillo opined that these injuries were hazing-related. During
the autopsy, he retrieved two (2) matchsticks from the cadaver with the marking of
Alpha Phi Omega (APO) Fraternity. 10
Susan Ignacio (Ignacio) was the owner of the sari-sari store located at Purok 5,
Pansol, Calamba City, in front of Villa Novaliches Resort, which was barely ten steps
away. On January 13, 2006, at around 8:30 to 9:00 o'clock in the evening, she was
tending her store when she saw a jeepney with more than twenty (20) persons arrive at
the resort. Ignacio identi ed Dungo as the person seated beside the driver of the
jeepney. 11 She estimated the ages of these persons in the group to be between 20 to
30 years old. They were in civilian clothes, while the other men wore white long-sleeved
shirts. Before entering the resort, the men and women shook hands and embraced each
other. Three (3) persons, riding on a single motorcycle, also arrived at the resort.
Ignacio saw about fteen (15) persons gather on top of the terrace of the resort
who looked like they were praying, and then the lights of the resort were turned off.
Later that evening, at least three (3) of these persons went to her store to buy some
items. During her testimony, she was shown photographs and she identi ed
Christopher Braseros and Sibal as two of those who went to her store. 12 It was only on
the morning of January 14, 2006 that she learned from the policemen visiting the resort
that the deceased person was Villanueva. aScITE
Donato Magat (Magat), a tricycle driver plying the route of Pansol, Calamba City,
testi ed that at around 3:00 o'clock in the morning of January 14, 2006, he was waiting
for passengers at the corner of Villa Novaliches Resort. A man approached him and
told him that someone inside the resort needed a ride. Magat went to the resort and
asked the two (2) men at the gate who needed a ride. Afterwards, he saw three (3) men
in their 20's carrying another man, who looked very weak, like a vegetable, towards his
tricycle. Magat touched the body of the man being carried and sensed it was cold.
Magat asked the men what happened to their companion. They replied that he
had too much to drink. Then they instructed Magat to go to the nearest hospital. He
drove the tricycle to JP Rizal Hospital. Upon their arrival, two of his passengers brought
their unconscious companion inside the emergency room, while their other companion
paid the tricycle fare. Magat then left to go home. Several days after, he learned that the
person brought to the hospital had died.
Abelardo Natividad (Natividad) and Seferino Espina y Jabay (Espina) were the
security guards on duty at JP Rizal Hospital, from 11:00 o'clock in the evening of
January 13, 2006 until 7:00 o'clock in the morning of January 14, 2006. In the early
morning of January 14, 2006, two men, who signed on the logbook 13 under the names
Brandon Gonzales and Jerico Paril, brought the lifeless body of a person. Pursuant to
the standard operating procedure of the hospital, the security guards did not allow the
two men to leave the hospital because they called the police station so that an
investigation could be conducted. Two policemen arrived later at the hospital. During
his testimony, Natividad identi ed Sibal and Dungo as the two persons who brought
Villanueva to the hospital.
PO2 Alaindelon Ignacio (PO2 Ignacio) testi ed that on January 14, 2006 at
around 3:30 o'clock in the early morning, Natividad called up the PNP Calamba City
Station to report that a lifeless body of a man was brought to JP Rizal Hospital. When
PO2 Ignacio arrived, he saw Villanueva's corpse with contusions and bite marks all over
his body. PO2 Ignacio and his policemen companions then brought Dungo and Sibal to
the police station. He asked them about what happened, but they invoked their right to
remain silent. The policemen then proceeded to Brgy. Pansol at around 9:00 o'clock in
the morning. After nding Villa Novaliches Resort, they knocked on the door and the
caretaker, Maricel Capillan (Capillan), opened it.
The police asked Capillan if there were University of the Philippines Los Baños
(UP Los Baños) students who rented the resort on the evening of January 13, 2006.
Capillan said yes and added that about twenty (20) persons arrived onboard a jeepney
and told her that they would be renting the resort from 9:30 o'clock in the evening up to
7:00 o'clock the following morning.
Gay Czarina Sunga (Sunga) was a food technology student at UP Los Baños
during the academic year of 2005-2006 and a member of the Symbiosis UPLB
Biological Society. Around 3:00 o'clock in the afternoon of January 13, 2006, she was at
their organization's tambayan in the UPLB Biological Sciences Building, when she
noticed three (3) men seated two meters away from her. She identi ed the two of the
three men as Sibal and Dungo. 14 They were wearing black shirts with the logo of APO.
Later at 5:00 o'clock in the afternoon, two more men arrived and, with their heads
bowed, approached the three men. One of them was Villanueva, who was carrying a 5-
gallon water container. Dungo then stood up and asked Villanueva why the latter did not
report to him when he was just at their tambayan. Dungo then punched Villanueva twice,
but the latter just kept quiet with his head bowed. Fifteen minutes later, all the men left.
Joey Atienza (Atienza) had been a good friend of Villanueva since 2004. They
were roommates at the UP Los Baños Men's Dormitory and housemates at the DPS
Apartment in Umali Subdivision, Los Baños, Laguna. According to Atienza, on January 9,
2006, Villanueva introduced him to Daryl Decena (Decena) as his APO — Theta Chapter
batchmate, who was also to undergo final initiation rites on January 13, 2006.
Severino Cuevas, Director of the Students Affairs at UP Los Baños, testi ed that
Dungo and Sibal were both members of the APO Fraternity, and that there was no
record of any request for initiation or hazing activity filed by the said fraternity.
McArthur Padua of the O ce of the Registrar, UP Los Baños, testi ed that
Villanueva was a B.S. Agricultural Economics student at the UP Los Baños, 15 as
evidenced by his official transcript of record. 16
Atty. Eleno Peralta and Dina S. Carlos, officers of the Student Disciplinary Tribunal
(SDT) of the UP Los Baños, testi ed that an administrative disciplinary case was led
on March 31, 2006 against the APO Fraternity regarding the death of Villanueva. They
con rmed that Capilla of Villa Novaliches Resort and Irene Tan ( Tan) of APO Sorority
Theta Chapter appeared as witnesses for the complainant. 17
Roman Miguel De Jesus, UP-O ce of the Legal Aid ( UP-OLA) supervising
student, testi ed that he met Tan of the APO Sorority sometime between July and
August 2006 in UP Diliman to convince her to testify in the criminal case. Tan, however,
refused because she feared for her safety. She said that after testifying in the SDT
hearing, her place in Imus, Cavite was padlocked and vandalized.
Evelyn Villanueva, mother of victim Villanueva, testi ed that, as a result of the
death of her son, her family incurred actual damages consisting of medical, burial and
funeral expenses in the aggregate amount of P140,000.00 which were evidenced by
receipts. 18 Her husband also incurred travel expenses in the amount of P7,000.00 in
returning to the Philippines to attend his son's wake and burial, as supported by a plane
ticket. 19 She further attested that she experienced mental anguish, sleepless nights,
substantial weight loss, and strained family relationship as a result of her son's death.
HEITAD
Version of the Defense

The defense presented seven (7) witnesses to prove the innocence of the
petitioners. Their testimonies are summarized as follow:
Richard Cornelio (Cornelio), an APO Fraternity member, testi ed that on January
13, 2006, around 4:00 to 4:30 o'clock in the afternoon, he met Dungo at the UP Los
Baños Graduate School. Dungo asked him if he would attend the initiation ceremony,
and Cornelio answered in the negative because he had other things to do. At 10:00
o'clock in the evening of the same day, Cornelio again met Dungo and his girlfriend
while eating a hamburger at the Burger Machine along Raymundo Street, Umali
Subdivision, Los Baños, Laguna (Raymundo Street). He asked Dungo if he would attend
the initiation ceremony. Dungo replied that he would not because he and his girlfriend
had something to do.
Ana Danife Rivera (Rivera), the girlfriend of Dungo, testi ed that on January 13,
2006 at around 1:00 o'clock in the afternoon, Dungo came and visited her at her
boarding house on Raymundo Street. Around 4:00 o'clock of the same afternoon, they
went to the UP Los Baños Graduate School and saw Cornelio. Afterwards, they went
back to her boarding house and stayed there from 5:00 o'clock in the afternoon to 7:00
o'clock in the evening. Then, they went to Lacxo Restaurant for dinner and left at around
10:00 o'clock in the evening. On their way back to her boarding house, they encountered
Cornelio again at the Burger Machine. Dungo then stayed and slept at her boarding
house. Around 2:00 o'clock in the early morning of January 14, 2006, they were roused
from their sleep by a phone call from Sibal, asking Dungo to go to a resort in Pansol,
Calamba City. Dungo then left the boarding house.
Dungo testi ed that around 1:00 o'clock in the early afternoon of January 13,
2006, he arrived at the boarding house of his girlfriend, Rivera, on Raymundo Street. At
around 4:00 o'clock in the afternoon, they went to the UP Los Baños Graduate School
and inquired about the requirements for a master's degree. They walked back to the
boarding house and met Cornelio. They talked about their fraternity's nal initiation
ceremony for that night in Pansol, Calamba City. Dungo and Rivera then reached the
latter's boarding house around 5:00 o'clock in the afternoon. At around 7:00 o'clock in
the evening, they went out for dinner at the Lacxo Restaurant, near Crossing Junction,
Los Baños. They ate and stayed at the restaurant for at least one and a half hours. Then
they walked back to the boarding house of Rivera and, along the way, they met Cornelio
again at the Burger Machine along Raymundo Street. Cornelio asked Dungo if he would
attend their fraternity's nal initiation ceremony, to which he replied in the negative,
Dungo and Rivera reached the boarding house around 9:00 o'clock in the evening and
they slept there.
Around 2:00 o'clock in the early morning of January 14, 2006, Dungo was roused
from his sleep because Sibal was calling him on his cellphone. Sibal asked for his help,
requesting him to go to Villa Novaliches Resort in Pansol, Calamba City. Upon Dungo's
arrival at the resort, Sibal led him inside. There, he saw Rudolfo Castillo (Castillo), a
fellow APO fraternity brother, and Villanueva, who was unconscious. Dungo told them
that they should bring Villanueva to the hospital. They all agreed, and Castillo called a
tricycle that brought them to JP Rizal Hospital. He identi ed himself before the security
guard as Jerico Paril because he was scared to tell his real name.aDSIHc
Gilbert Gopez (Gopez) testi ed that he was the Grand Chancellor of the APO —
Theta Chapter for years 2005-2006. At around 7:00 o'clock in the evening of January
13, 2006, he was at the tambayan of their fraternity in UP Los Baños because their
neophytes would be initiated that night. Around 8:30 o'clock in the evening, they met
their fraternity brothers in Bagong Kalsada, Los Baños. He noticed that their neophyte,
Villanueva, was with Castillo and that there was a bruise on the left side of his face.
Then they boarded a jeepney and proceeded to Villa Novaliches Resort in Pansol,
Calamba City. There, Gopez instructed Sibal to take Villanueva to the second oor of
the resort. He confronted Castillo as to what happened to Villanueva. Around 11:00 or
11:30 o'clock in the evening, Gopez decided to cancel the nal rites. He told Sibal to
stay at the resort and accompany Villanueva and Castillo. Together with the other
neophytes, Gopez left the resort and went back to UP Los Baños.
Sibal testi ed that he was a DOST Scholar at the UP Los Baños from 2002 to
2006, taking up B.S. Agricultural Chemistry. He was a Brother Actuary of the APO —
Theta Chapter, and was in charge of fraternity activities, such as tree planting, free
medical and dental missions, and blood donations. On January 13, 2006, at around 6:00
o'clock in the evening, he was at the fraternity's tambayan for the nal initiation rites of
their neophytes. After preparing the food for the initiation rites, Sibal, together with
some neophytes, went to Bagong Kalsada, Los Baños, where he saw fellow fraternity
brother Castillo with their neophyte Villanueva, who had a bruised face. Thereafter, they
boarded a jeepney and proceeded to Villa Novaliches Resort in Pansol, Calamba City.
Once inside the resort, he accompanied Villanueva upstairs for the latter to take a rest.
A few minutes later, he went down and confronted Castillo about the bruises on
Villanueva's face. He was angry and irritated with Castillo. He then stayed outside the
resort until Gopez and the other neophytes came out and told him that the nal
initiation rite was cancelled, and that they were returning to UP Los Baños. Sibal wanted
to go with them but he was ordered to stay with Villanueva and Castillo.
After the group of Gopez left, Sibal checked on the condition of Villanueva, who
was sleeping on the second oor of the resort. Then he went outside for one hour, or
until 1:00 o'clock in the early morning of January 14, 2006. Sibal entered the resort
again and saw Villanueva, who looked unconscious, seated in one of the benches on the
ground oor. Sibal inquired about Villanueva's condition but he was ignored by Castillo.
He then called Dungo for help. After Dungo arrived at the resort, they hailed a tricycle
and brought Villanueva to JP Rizal Hospital. There, he gave a false name to the security
guard as he heard that Dungo had done the same.
The RTC Ruling
On February 23, 2011, the RTC found Dungo and Sibal guilty of the crime of
violating Section 4 of the Anti-Hazing Law and sentenced them to suffer the penalty of
reclusion perpetua. The trial court stated that the prosecution established the presence
of Dungo and Sibal (1) at the UP Los Baños Campus on January 13, 2006 around 3:00
o'clock in the afternoon, by the testimony of Sunga and (2) at the Villa Novaliches
Resort around 9:00 o'clock in the evening of the same day by the testimony of Ignacio.
With the extensive testimonies of Dr. Masilungan and Dr. Camarillo, the prosecution
also proved that Villanueva died from hazing injuries.
According to the RTC, the evidence of the prosecution undeniably proved that
Villanueva, a UP Los Baños student, was a neophyte of the APO — Theta Chapter
Fraternity; that Dungo and Sibal were members of the said fraternity; that on the
evening of January 13, 2006, Dungo and Sibal, together with the other fraternity
members, o cers and alumni, brought and transported Villanueva and two other
neophytes to Villa Novaliches Resort at Barangay Pansol, Calamba City, for the nal
initiation rites; that the initiation rites were conducted inside the resort, performed
under the cover of darkness and secrecy; that due to the injuries sustained by
Villanueva, the fraternity members and the other two neophytes haphazardly left the
resort; and that Dungo and Sibal boarded a tricycle and brought the lifeless body of
Villanueva to JP Rizal Hospital, where Villanueva was pronounced dead.
The RTC explained that even if there was no evidence that Dungo and Sibal
participated to bodily assault and harm the victim, it was irrefutable that they brought
Villanueva to the resort for their nal initiation rites. Clearly, they did not merely induce
Villanueva to attend the nal initiation rites, but they also brought him to Villa
Novaliches Resort.
The RTC held that the defense of denial and alibi were self-serving negative
assertions. The defense of denial and alibi of Dungo, which was corroborated by the
testimony of his girlfriend Rivera and his co-fraternity brother, could not be given
credence. The witnesses presented by the defense were partial and could not be
considered as disinterested parties. The defense of denial of Sibal likewise failed. The
corroborative testimonies of his fraternity brothers were suspect because they had so
much at stake in the outcome of the criminal action.
The decretal portion of the decision reads:
WHEREFORE, the Court nds the accused Dandy Dungo and Gregorio
Sibal GUILTY of violating Section 4 of the Anti-Hazing Law and sentenced them
to suffer the penalty of RECLUSION PERPETUA and order them to jointly and
severally pay the family/heirs of Deceased Marlon Villanueva the following
sums of money:
1. P141,324.00 for and as actual damages;
2. P200,000.00 for and as moral damages;
3. P100,000.00 for and as exemplary damages; and
4. P50,000.00 for the death of Marlon Villanueva.
SO ORDERED. 20 ETHIDa
Aggrieved, the petitioners led a notice of appeal. In their brief, they contended
that the prosecution failed to establish their guilt beyond reasonable doubt for violating
R.A. No. 8049. They also assailed the constitutionality of Section 4 of the said law,
which stated that mere presence in the hazing was prima facie evidence of
participation therein, because it allegedly violated the constitutional presumption of
innocence of the accused.
The CA Ruling
The CA ruled that the appeal of Dungo and Sibal was bereft of merit. It stated
that, in nding them guilty of violating R.A. No. 8049, the RTC properly relied on
circumstantial evidence adduced by the prosecution. The CA painstakingly discussed
the unbroken chain of circumstantial evidence to convict Dungo and Sibal as principals
in the crime of hazing.
It further found that the defense of denial and alibi of Dungo and Sibal failed to
cast doubt on the positive identi cation made by the prosecution witnesses; and that
denial, being inherently weak, could not prevail over the positive identi cation of the
accused as the perpetrators of the crime.
The CA also stated that Dungo and Sibal were not only convicted based on their
presence in the venue of the hazing, but also in their act of bringing the victim to Villa
Novaliches Resort for the final initiation rites.
The dispositive portion of the decision reads:
WHEREFORE, premises considered, the February 23, 2011 Decision of the
Regional Trial Court, Branch 36 of Calamba City in CRIM. Case No. 13958-2006-
C, nding accused-appellant guilty beyond reasonable doubt of Violation of R.A.
8049 is hereby AFFIRMED in TOTO.
SO ORDERED. 21
Dungo and Sibal moved for reconsideration but their motion was denied by the
CA in the assailed October 8, 2013 Resolution.
Hence, this petition.
SOLE ASSIGNMENT OF ERROR
THE JUDGMENTS OF THE RTC AND THE CA A QUO CONSTITUTE A
VIOLATION OF THE CONSTITUTIONAL RIGHT OF THE ACCUSED TO BE
INFORMED OF THE NATURE AND CAUSE OF ACCUSATION AGAINST
THEM BECAUSE THE OFFENSE PROVED AS FOUND AND
PRONOUNCED THEREBY IS DIFFERENT FROM THAT CHARGED IN THE
INFORMATION, NOR DOES ONE INCLUDE OR NECESSARILY INCLUDE
THE OTHER . 22
Petitioners Dungo and Sibal argue that the amended information charged them
as they "did then and there willfully, unlawfully and feloniously assault and use personal
violence upon one Marlon Villanueva y Mejilla." 23 Yet, both the RTC and the CA found
them guilty of violating R.A. No. 8049 because they "[i]nduced the victim to be present"
24 during the initiation rites. The crime of hazing by inducement does not necessarily
include the criminal charge of hazing by actual participation. Thus, they cannot be
convicted of a crime not stated or necessarily included in the information. By reason of
the foregoing, the petitioners contend that their constitutional right to be informed of
the nature and cause of accusation against them has been violated.
In its Comment, 25 led on May 23, 2014, the O ce of the Solicitor General
(OSG) asserted that Dungo and Sibal were charged in the amended information with the
proper offense and convicted for such. The phrases "planned initiation" and "in
conspiracy with more or less twenty members and o cers" in the amended
information su ciently cover "knowingly cooperated in carrying out the hazing by
inducing the victim to be present thereat." The planned initiation rite would not have
been accomplished were it not for the acts of the petitioners in inducing the victim to
be present thereat and it was obviously conducted in conspiracy with the others. 26
In their Reply 27 led on September 10, 2014, Dungo and Sibal insisted that there
was a variance between the offense charged of "actually participated in the in iction of
physical harm," and the offense "knowingly cooperated in carrying out the hazing by
inducing the victim to be present thereat." 28 The prosecution, moreover, failed to
establish conspiracy because no act or circumstance was proved pointing to a joint
purpose and design between and among the petitioners and the other twenty accused.
The Court's Ruling
The petition lacks merit.
Procedural Matter
An appeal is a proceeding undertaken to have a decision reconsidered by
bringing it to a higher court authority. 29 The right to appeal is neither a natural right nor
is it a component of due process. It is a mere statutory privilege, and may be exercised
only in the manner and in accordance with the provisions of law. 30
Section 13 (c), Rule 124 of the Revised Rules of Criminal Procedure, as amended
by A.M. No. 00-5-03, dated October 15, 2004, governs the procedure on the appeal
from the CA to the Court when the penalty imposed is either reclusion perpetua or life
imprisonment. 31 According to the said provision, "[i]n cases where the Court of
Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall
render and enter judgment imposing such penalty. The judgment may be appealed to
the Supreme Court by notice of appeal filed with the Court of Appeals."
Hence, an accused, upon whom the penalty of reclusion perpetua or life
imprisonment had been imposed by the CA, can simply le a notice of appeal to allow
him to pursue an appeal as a matter of right before the Court. An appeal in a criminal
case opens the entire case for review on any question including one not raised by the
parties. 32 Section 13 (c), Rule 124 recognizes the constitutionally conferred
jurisdiction of the Court in all criminal cases in which the penalty imposed is reclusion
perpetua or higher. 33
An accused, nevertheless, is not precluded in resorting to an appeal by certiorari
to the Court via Rule 45 under the Rules of Court. An appeal to this Court by petition for
review on certiorari shall raise only questions of law. 34 Moreover, such review is not a
matter of right, but of sound judicial discretion, and will be granted only when there are
special and important reasons. 35 cSEDTC
In other words, when the CA imposed a penalty of reclusion perpetua or life

imprisonment, an accused may: (1) le a notice of appeal under Section 13 (c), Rule
124 to avail of an appeal as a matter of right before the Court and open the entire case
for review on any question; or (2) le a petition for review on certiorari under Rule 45 to
resort to an appeal as a matter of discretion and raise only questions of law.
In this case, the CA a rmed the RTC decision imposing the penalty of reclusion
perpetua upon the petitioners. The latter opted to appeal the CA decision via a petition
for certiorari under Rule 45. Consequently, they could only raise questions of law. Oddly,
the petitioners began to assail the existence of conspiracy in their reply, 36 which is a
question of fact that would require an examination of the evidence presented. In the
interest of justice, however, and due to the novelty of the issue presented, the Court
deems it proper to open the whole case for review. 37
Substantive Matter
In our contemporary society, hazing has been a nightmare of parents who send
their children to college or university. News of deaths and horrible beatings primarily
among college students due to hazing injuries continue to haunt us. Horrid images of
eggplant-like buttocks and thighs and pounded arms and shoulders of young men are
depicted as a fervent warning to those who dare undergo the hazing rites. The
meaningless death of these promising students, and the agony, cries and ordeal of their
families, resonate through the very core of our beings. But no matter how modern and
sophisticated our society becomes, these barbaric acts of initiation of fraternities,
sororities and other organizations continue to thrive, even within the elite grounds of
the academe.
The history and phenomenon of hazing had been thoroughly discussed in the
recent case of Villareal v. People . 38 It is believed that the fraternity system and its
accompanying culture of hazing were transported by the Americans to the Philippines
in the late 19th century. 39 Thus, a study of the laws and jurisprudence of the United
States (US) on hazing can enlighten the current predicament of violent initiations in
fraternities, sororities and other organizations.
United States Laws and
Jurisprudence on Hazing
There are different de nitions of hazing, depending on the laws of the states. 40
In the case of People v. Lenti , 41 the defendant therein challenged the constitutionality
of the state law de ning hazing on the ground of vagueness. The court rejected such
contention and held that it would have been an impossible task if the legislature had
attempted to de ne hazing speci cally because fraternal organizations and
associations never suffered for ideas in contriving new forms of hazing. Presently, the
acceptable de nition of hazing is the practice of physically or emotionally abusing
newcomers to an organization as a means of initiation. 42 AIDSTE
Hazing can be classi ed into various categories including, but not limited to, acts
of violence, acts of humiliation, sexual-related acts, and alcohol-related acts. 43 The
physical form of hazing may include beating, branding, paddling, excessive exercise,
drinking, and using drugs. Sexual hazing have included simulated sex acts, sodomy and
forced kissing. 44 Moreover, hazing does not only result in physical injuries and
hospitalization, but also lead to emotional damage and traumatic stress. 45
Based on statistics and alarming frequency of hazing, states have attempted to
combat hazing through the passage of state laws that prohibit such acts. 46 Forty-four
states, with the exception of Alaska, Hawaii, Montana, New Mexico, South Dakota, and
Wyoming, have passed anti-hazing laws. 47 The severity of these laws can range from
minor penalties to a prison sentence for up to six years. 48 In the states of Illinois,
Idaho, Missouri, Texas, Virginia, Wisconsin, hazing that result in death or "great bodily
harm" is categorized as a felony. 49
In Florida, the Chad Meredith Act, 50 a law named after a student who died in a
hazing incident, was enacted on July 1, 2005. It provides that a person commits a third
degree felony when he or she intentionally or recklessly commits any act of hazing and
the hazing results in serious bodily injury or death. If a person only creates substantial
risk of physical injury or death, then hazing is categorized as a rst degree
misdemeanor. A similar provision can be observed in the Penal Law of New York. 51
Interestingly, some states included notable features in their anti-hazing statute to
increase its effectiveness. In Alabama, Arkansas, Massachusetts, New Hampshire,
South Carolina and Texas, the law imposes a duty on school personnel to report hazing.
52 In fact, in Alabama, no person is allowed to knowingly permit, encourage, aid, or
assist any person in committing the offense of hazing, or willfully acquiesces in its
commission. 53
Also, some states enacted statutes that have been interpreted to mean that
persons are guilty of hazing even if they have the consent of the victim. 54 In New
Jersey, consent is not a defense to a hazing charge, and its law permits the prosecution
of offenders under other applicable criminal statutes. 55 By including these various
provisions in their anti-hazing statutes, these states have removed the subjective
inquiry of consent from consideration, thus, presumably allowing courts to effectively
and properly adjudicate hazing cases. 56
In the US, hazing victims can either le a criminal action, based on anti-hazing
statutes, or a civil suit, arising from tort law and constitutional law, against the
members of the local fraternity, the national fraternity and even against the university or
college concerned. 57 Hazing, which threatens to needlessly harm students, must be
attacked from whatever legal means are possible. 58
In State v. Brown , 59 a member of the Alpha Kappa Alpha at Kent State University
was indicted for complicity to hazing. The group physically disciplined their pledges by
forcing them to stand on their heads, beating them with paddles, and smacking and
striking initiates in the face and head. The Ohio court held that evidence presented
therein was more than sufficient to sustain a conviction.

Excessive intake of alcohol in the fraternity initiations can be considered as
hazing. In Oja v. Grand Chapter of Theta Chi Fraternity, Inc. , 60 a 17-year old college
freshman died as a result of aspirating his own vomit after consuming excessive
amounts of alcohol in a fraternity initiation ritual. The defendants in the said case
contended that they only furnished the alcohol drinks to the victim. The court denied the
defense because such acts of the fraternity effectively contributed to the death of the
victim as part of their hazing.
Even in high school, hazing could exist. In Nice v. Centennial Area School District ,
61 a tenth-grade wrestler at William Tennet High School was subjected to various forms
of hazing, including a ritual where the victim was forcibly held down, while a teammate
sat on his face with his buttocks exposed. The parents of the student sued the school
because it failed to prevent the incident despite its knowledge of the hazing rites. The
court approved the settlement of the parties in the amount of US$151,000.00.
More recently, the case of Yost v. Wabash College 62 involved the hazing of an
18-year old freshman, who suffered physical and mental injuries in the initiation rites
conducted by the Phi Kappa Psi fraternity. As a pledge, the victim was thrown into a
creek and was placed in a chokehold, until he lost consciousness. The court upheld that
action against the local fraternity because, even if the student consented, the fraternity
had the duty to ensure the safety of its activities.
The US anti-hazing laws and jurisprudence show that victims of hazing can
properly attain redress before the court. By crafting laws and prosecuting offenders,
the state can address the distinct dilemma of hazing.
Anti-Hazing Law in the
Philippines
R.A. No. 8049, or the Anti-Hazing Law of 1995, has been enacted to regulate
hazing and other forms of initiation rites in fraternities, sororities, and other
organizations. It was in response to the rising incidents of death of hazing victims,
particularly the death of Leonardo "Lenny" Villa. 63 Despite its passage, reports of
deaths resulting from hazing continue to emerge. Recent victims were Guillo Servando
of the College of St. Benilde, Marc Andre Marcos and Marvin Reglos of the San Beda
College — Manila, and Cris Anthony Mendez of the University of the Philippines —
Diliman. With the continuity of these senseless tragedies, one question implores for an
answer: is R.A. No. 8049 a sufficient deterrent against hazing? AaCTcI
To answer the question, the Court must dissect the provisions of the law and
scrutinize its effect, implication and application.
Criminal law has long divided crimes into acts wrong in themselves called acts
mala in se; and acts which would not be wrong but for the fact that positive law forbids
them, called acts mala prohibita. This distinction is important with reference to the
intent with which a wrongful act is done. The rule on the subject is that in acts mala in
se, the intent governs; but in acts mala prohibita, the only inquiry is, has the law been
violated? When an act is illegal, the intent of the offender is immaterial. 64 When the
doing of an act is prohibited by law, it is considered injurious to public welfare, and the
doing of the prohibited act is the crime itself. 65
A common misconception is that all mala in se crimes are found in the Revised
Penal Code (RPC), while all mala prohibita crimes are provided by special penal laws. In
reality, however, there may be mala in se crimes under special laws, such as plunder
under R.A. No. 7080, as amended. 66 Similarly, there may be mala prohibita crimes
defined in the RPC, such as technical malversation. 67
The better approach to distinguish between mala in se and mala prohibita crimes
is the determination of the inherent immorality or vileness of the penalized act. If the
punishable act or omission is immoral in itself, then it is a crime mala in se; on the
contrary, if it is not immoral in itself, but there is a statute prohibiting its commission by
reasons of public policy, then it is mala prohibita. In the nal analysis, whether or not a
crime involves moral turpitude is ultimately a question of fact and frequently depends
on all the circumstances surrounding the violation of the statute. 68
The crime of hazing under R.A. No. 8049 is malum prohibitum. The Senate
deliberations would show that the lawmakers intended the anti-hazing statute to be
malum prohibitum, as follows:
SENATOR GUINGONA.
Most of these acts, if not all, are already punished under the Revised Penal Code.
SENATOR LINA.
That is correct, Mr. President.
SENATOR GUINGONA.
If hazing is done at present and it results in death, the charge would be murder or
homicide.
SENATOR LINA.
SENATOR GUINGONA.
If it does not result in death, it may be frustrated homicide or serious physical
injuries.
SENATOR LINA.
SENATOR GUINGONA.
Or, if the person who commits sexual abuse does so it can be penalized under
rape or acts of lasciviousness.
SENATOR LINA.
SENATOR GUINGONA.
So, what is the rationale for making a new offense under this de nition of the
crime of hazing?
SENATOR LINA.
To discourage persons or group of persons either composing a sorority, fraternity
or any association from making this requirement of initiation that has
already resulted in these specific acts or results, Mr. President.
That is the main rationale. We want to send a strong signal across the land that
no group or association can require the act of physical initiation before a
person can become a member without being held criminally liable.
xxx xxx xxx
SENATOR GUINGONA.
Yes, but what would be the rationale for that imposition? Because the
distinguished Sponsor has said that he is not punishing a mere
organization, he is not seeking the punishment of an initiation into a club
or organization, he is seeking the punishment of certain acts that resulted
in death, etcetera as a result of hazing which are already covered crimes.
EcTCAD
The penalty is increased in one, because we would like to discourage hazing,

abusive hazing, but it may be a legitimate defense for invoking two or
more charges or offenses, because these very same acts are already
punishable under the Revised Penal Code.
That is my difficulty, Mr. President.
SENATOR LINA.
xxx xxx xxx
Another point, Mr. President, is this, and this is a very telling difference: When a
person or group of persons resort to hazing as a requirement for
gaining entry into an organization, the intent to commit a wrong
is not visible or is not present, Mr. President. Whereas, in these
speci c crimes, Mr. President, let us say there is death or there is
homicide, mutilation, if one les a case, then the intention to
commit a wrong has to be proven. But if the crime of hazing is
the basis, what is important is the result from the act of hazing .
To me, that is the basic difference and that is what will prevent or deter the
sororities or fraternities; that they should really shun this activity called
"hazing." Because, initially, these fraternities or sororities do not even
consider having a neophyte killed or maimed or that acts of lasciviousness
are even committed initially, Mr. President.
So, what we want to discourage is the so-called initial innocent act. That is why
there is need to institute this kind of hazing. Ganiyan po ang nangyari. Ang
fraternity o ang sorority ay magre-recruit. Wala talaga silang intensiyong
makamatay. Hindi ko na babanggitin at buhay pa iyong kaso. Pero dito sa
anim o pito na namatay nitong nakaraang taon, walang intensiyong
patayin talaga iyong neophyte. So, kung maghihintay pa tayo, na saka
lamang natin isasakdal ng murder kung namatay na, ay after the fact ho
iyon. Pero, kung sasabihin natin sa mga kabataan na: "Huwag ninyong
gagawin iyong hazing. Iyan ay kasalanan at kung mamatay diyan, mataas
ang penalty sa inyo."
xxx xxx xxx
SENATOR GUINGONA.
I join the lofty motives, Mr. President, of the distinguished Sponsor. But I am
again disturbed by his statement that the prosecution does not have to
prove the intent that resulted in the death, that resulted in the serious
physical injuries, that resulted in the acts of lasciviousness or deranged
mind. We do not have to prove the willful intent of the accused in
proving or establishing the crime of hazing . This seems, to me, a
novel situation where we create the special crime without having to go into
the intent, which is one of the basic elements of any crime. SDHTEC
If there is no intent, there is no crime. If the intent were merely to initiate, then
there is no offense. And even the distinguished Sponsor admits that the
organization, the intent to initiate, the intent to have a new society or a new
club is, per se, not punishable at all. What are punishable are the acts that
lead to the result. But if these results are not going to be proven by intent,
but just because there was hazing, I am afraid that it will disturb the basic
concepts of the Revised Penal Code, Mr. President.
SENATOR LINA.
Mr. President, the act of hazing, precisely, is being criminalized because in the
context of what is happening in the sororities and fraternities, when they
conduct hazing, no one will admit that their intention is to maim or to kill.
So, we are already criminalizing the fact of in icting physical pain. Mr.
President, it is a criminal act and we want it stopped, deterred, discouraged.
If that occurs, under this law, there is no necessity to prove that the
masters intended to kill or the masters intended to maim. What is
important is the result of the act of hazing . Otherwise, the masters or
those who in ict the physical pain can easily escape responsibility and
say, "We did not have the intention to kill. This is part of our initiation rites.
This is normal. We do not have any intention to kill or maim."
This is the lusot, Mr. President. They might as well have been charged therefore
with the ordinary crime of homicide, mutilation, etcetera, where the
prosecution will have a di culty proving the elements if they are separate
offenses.
xxx xxx xxx
SENATOR LINA. . . .
I am very happy that the distinguished Minority Leader brought out the idea of
intent or whether it is mala in se or mala prohibita. There can be a radical
amendment if that is the point that he wants to go to.
If we agree on the concept, then, maybe, we can just make this a
special law on hazing. We will not include this anymore under the
Revised Penal Code . That is a possibility. I will not foreclose that
suggestion, Mr. President. 69
[Emphases Supplied]
Having in mind the potential con ict between the proposed law and the core
principle of mala in se adhered to under the RPC, the Congress did not simply enact an
amendment thereto. Instead, it created a special law on hazing, founded upon the
principle of mala prohibita. 70 In Vedaña v. Valencia , 71 the Court noted that in our
nation's very recent history, the people had spoken, through the Congress, to deem
conduct constitutive of hazing, an act previously considered harmless by custom, as
criminal. 72 The act of hazing itself is not inherently immoral, but the law deems the
same to be against public policy and must be prohibited. Accordingly, the existence of
criminal intent is immaterial in the crime of hazing. Also, the defense of good faith
cannot be raised in its prosecution. 73
Section 1 of R.A. No. 8049 de nes hazing as an initiation rite or practice as a
prerequisite for admission into membership in a fraternity, sorority or organization by
placing the recruit, neophyte or applicant in some embarrassing or humiliating
situations such as forcing him to do menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or psychological suffering or injury.
From the said definition, the elements of the crime of hazing can be determined:
1. That there is an initiation rite or practice as a prerequisite for admission into
membership in a fraternity, sorority or organization;
2. That there must be a recruit, neophyte or applicant of the fraternity, sorority or
organization; and
3. That the recruit, neophyte or applicant is placed in some embarrassing or
humiliating situations such as forcing him to do menial, silly, foolish and
other similar tasks or activities or otherwise subjecting him to physical or
psychological suffering or injury.
From the said de nition of hazing, it is apparent that there must be an initiation
rite or practice performed by the fraternities, sororities or organization. The law,
however, did not limit the de nition of these groups to those formed within academic
colleges and universities. 74 In fact, the second paragraph of Section 1 provides that
the term "organization" shall include any club or the Armed Forces of the Philippines
(AFP), Philippine National Police (PNP), Philippine Military Academy (PMA), or o cer
and cadet corp of the Citizen's Military Training and Citizen's Army Training. Even the
president, manager, director or other responsible o cer of a corporation engaged in
hazing as a requirement for employment are covered by the law. 75
R.A. No. 8049 quali es that the physical, mental and psychological testing and
training procedure and practices to determine and enhance the physical, mental and
psychological tness of prospective regular members of the AFP and the PNP, as
approved by the Secretary of National Defense and the National Police Commission,
duly recommended by the Chief of Staff of the AFP and the Director General of the PNP,
shall not be considered as hazing.
And not all forms of initiation rites are prohibited by the law. Section 2 thereof
provides that initiation rites of fraternities, sororities or organizations shall be allowed
provided that the following requisites are met:
1. That the fraternity, sorority or organization has a prior written notice to the
school authorities or head of organization;
2. The said written notice must be secured at least seven (7) days before the
conduct of such initiation;
3. That the written notice shall indicate: AScHCD
a. The period of the initiation activities, which shall not exceed three (3)
days;
b. The names of those to be subjected to such activities; and
c. An undertaking that no physical violence be employed by
anybody during such initiation rites .
Section 3 of R.A. No. 8049 imposes an obligation to the head of the school or
organization or their representatives that they must assign at least two (2)
representatives, as the case may be, to be present during these valid initiations. The
duty of such representative is to see to it that no physical harm of any kind shall be
inflicted upon a recruit, neophyte or applicant.
Noticeably, the law does not provide a penalty or sanction to fraternities,
sororities or organizations that fail to comply with the notice requirements of Section 2.
Also, the school and organization administrators do not have a clear liability for non-
compliance with Section 3.
Any person who commits the crime of hazing shall be liable in accordance with
Section 4 of the law, which provides different classes of persons who are held liable as
principals and accomplices.
The rst class of principals would be the actual participants in the hazing. If the
person subjected to hazing or other forms of initiation rites suffers any physical injury
or dies as a result thereof, the o cers and members of the fraternity, sorority or
organization who actually participated in the in iction of physical harm shall be liable as
principals. Interestingly, the presence of any person during the hazing is prima facie
evidence of actual participation, unless he prevented the commission of the acts
punishable herein. 76
The prescribed penalty on the principals depends on the extent of injury in icted
to the victim. 77 The penalties appear to be similar to that of homicide, serious physical
injuries, less serious physical injuries, and slight physical injuries under the RPC, 78 with
the penalties for hazing increased one degree higher. Also, the law provides several
circumstances which would aggravate the imposable penalty. 79
Curiously, although hazing has been de ned as consisting of those activities
involving physical or psychological suffering or injury, the penalties for hazing only
covered the in iction of physical harm. At best, the only psychological injury recognized
would be causing insanity to the victim. Conversely, even if the victim only sustained
physical injuries which did not incapacitate him, there is still a prescribed penalty. 80
The second class of principals would be the o cers, former o cers, or alumni
of the organization, group, fraternity or sorority who actually planned the hazing. 81
Although these planners were not present when the acts constituting hazing were
committed, they shall still be liable as principals. The provision took in consideration
the non-resident members of the organization, such as their former officers or alumni.
The third class of principals would be o cers or members of an organization
group, fraternity or sorority who knowingly cooperated in carrying out the hazing by
inducing the victim to be present thereat. 82 These o cers or members are penalized,
not because of their direct participation in the in iction of harm, but due to their
indispensable cooperation in the crime by inducing the victim to attend the hazing.
The next class of principals would be the fraternity or sorority's adviser who was
present when the acts constituting hazing were committed, and failed to take action to
prevent them from occurring. 83 The liability of the adviser arises, not only from his
mere presence in the hazing, but also his failure to prevent the same.
The last class of principals would be the parents of the o cers or members of
the fraternity, group, or organization. 84 The hazing must be held in the home of one of
the o cers or members. The parents must have actual knowledge of the hazing
conducted in their homes and failed to take any action to avoid the same from
occurring.
The law also provides for accomplices in the crime of hazing. The school
authorities, including faculty members, who consented to the hazing or who have actual
knowledge thereof, but failed to take any action to prevent the same from occurring
shall be punished as accomplices. 85 Likewise, the owner of the place where the hazing
was conducted can also be an accomplice to the crime. 86 The owner of the place shall
be liable when he has actual knowledge of the hazing conducted therein and he failed to
take any steps to stop the same.
Recognizing the malum prohibitum characteristic of hazing, the law provides that
any person charged with the said crime shall not be entitled to the mitigating
circumstance that there was no intention to commit so grave a wrong. 87 Also, the
framers of the law intended that the consent of the victim shall not be a defense in
hazing. During the discussion of whether sodomy shall be included as a punishable act
under the law, the issue of consent was tackled:
SENATOR LINA. . . .
But sodomy in this case is connected with hazing, Mr. President. Such that the
act may even be entered into with consent. It is not only sodomy. The
in iction of pain may be done with the consent of the neophyte. If the law
is passed, that does not make the act of hazing not punishable because
the neophyte accepted the infliction of pain upon himself.
If the victim suffers from serious physical injuries, but the initiator said, "Well, he
allowed it upon himself. He consented to it." So, if we allow that reasoning
that sodomy was done with the consent of the victim, then we would not
have passed any law at all. There will be no signi cance if we pass this
bill, because it will always be a defense that the victim allowed the
infliction of pain or suffering. He accepted it as part of the initiation rites.
But precisely, Mr. President that is one thing that we would want to prohibit. That
the defense of consent will not apply because the very act of
in icting physical pain or psychological suffering is, by itself, a
punishable act. The result of the act of hazing, like death or
physical injuries merely aggravates the act with higher penalties.
But the defense of consent is not going to nullify the criminal
nature of the act . AcICHD
So, if we accept the amendment that sodomy can only aggravate the offense if it
is committed without consent of the victim, then the whole foundation of
this proposed law will collapse.
SENATOR BIAZON.
Thank you, Mr. President.
SENATOR LINA.
Thank you very much.
THE PRESIDENT.
Is there any objection to the committee amendment? (Silence.) The Chair hears
none; the same is approved. 88
[Emphasis supplied]
Further, the law acknowledges that the offended party in the crime of hazing can
seek different courses of action. It provides that the responsible o cials of the school
or of the police, military or citizen's army training organization, may impose the
appropriate administrative sanctions on the person or the persons charged under this
provision even before their conviction. 89 Necessarily, the offended party can le either
administrative, civil, or criminal actions against the offenders. 90
The study of the provisions of R.A. No. 8049 shows that, on paper, it is complete
and robust in penalizing the crime of hazing. It was made malum prohibitum to
discount criminal intent and disallow the defense of good faith. It took into
consideration the different participants and contributors in the hazing activities. While
not all acts cited in the law are penalized, the penalties imposed therein involve various
and serious terms of imprisonment to discourage would-be offenders. Indeed, the law
against hazing is ideal and profound. As to whether the law can be effectively
implemented, the Court begs to continue on the merits of the case.
The Information properly
charged the offense proved
The petitioners claim that the amended information avers a criminal charge of
hazing by actual participation, but the only offense proved during the trial was hazing by
inducement. Their contention must fail. The Amended Information reads:
jurisdiction of the Honorable Court, the above-named accused, during a planned
initiation rite and being then o cers and members of Alpha Phi Omega
fraternity and present thereat, in conspiracy with more or less twenty other
members and o cers, whose identity is not yet known, did then and there
willfully, unlawfully and feloniously assault and use personal violence upon one
MARLON VILLANUEVA y MEJILLA, a neophyte thereof and as condition for his
admission to the fraternity, thereby subjecting him to physical harm, resulting to
his death, to the damage and prejudice of the heirs of the victim.
CONTRARY TO LAW. 91
On the manner of how the Information should be worded, Section 9, Rule 110 of
the Rules of Court, is enlightening:
Section 9. Cause of the accusation. — The acts or omissions complained
of as constituting the offense and the qualifying and aggravating
circumstances must be stated in ordinary and concise language and not
necessarily in the language used in the statute but in terms su cient to enable
a person of common understanding to know what offense is being charged as
well as its qualifying and aggravating circumstances and for the court to
pronounce judgment.
It is evident that the Information need not use the exact language of the statute in
alleging the acts or omissions complained of as constituting the offense. The test is
whether it enables a person of common understanding to know the charge against him,
and the court to render judgment properly. 92
The Court agrees with the OSG that the "planned initiation rite" as stated in the
information included the act of inducing Villanueva to attend it. In ordinary parlance, a
planned event can be understood to have different phases. Likewise, the hazing activity
had different stages and the perpetrators had different roles therein, not solely
in icting physical injury to the neophyte. One of the roles of the petitioners in the hazing
activity was to induce Villanueva to be present. Dungo and Sibal not only induced
Villanueva to be present at the resort, but they actually brought him there. They ful lled
their roles in the planned hazing rite which eventually led to the death of Villanueva. The
hazing would not have been accomplished were it not for the acts of the petitioners
that induced the victim to be present.
Secrecy and silence are common characterizations of the dynamics of hazing. 93
To require the prosecutor to indicate every step of the planned initiation rite in the
information at the inception of the criminal case, when details of the clandestine hazing
are almost nil, would be an arduous task, if not downright impossible. The law does not
require the impossible (lex non cognit ad impossibilia).
The proper approach would be to require the prosecution to state every element
of the crime of hazing, the offenders, and the accompanying circumstances in the
planned initiation activity, which has been satis ed in the present case. Accordingly, the
amended information su ciently informed the petitioners that they were being
criminally charged for their roles in the planned initiation rite. TAIaHE
Conspiracy of the
offenders was duly
proven
The petitioners assail that the prosecution failed to establish the fact of
conspiracy.
The Court disagrees.
A conspiracy exists when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it. To determine
conspiracy, there must be a common design to commit a felony. 94 The overt act or
acts of the accused may consist of active participation in the actual commission of the
crime itself or may consist of moral assistance to his co-conspirators by moving them
to execute or implement the criminal plan. 95
In conspiracy, it need not be shown that the parties actually came together and
agreed in express terms to enter into and pursue a common design. The assent of the
minds may be and, from the secrecy of the crime, usually inferred from proof of facts
and circumstances which, taken together, indicate that they are parts of some
complete whole. 96 Responsibility of a conspirator is not con ned to the
accomplishment of a particular purpose of conspiracy but extends to collateral acts
and offenses incident to and growing out of the purpose intended. 97
The lawmakers deliberated on whether the prosecution was still obliged to prove
the conspiracy between the offenders under R.A. 8049, to wit:
SENATOR GUINGONA.
Mr. President, assuming there was a group that initiated and a person died. The
charge is murder. My question is: Under this bill if it becomes a law, would
the prosecution have to prove conspiracy or not anymore?
SENATOR LINA.
Mr. President, if the person is present during hazing . . .
SENATOR GUINGONA.
The persons are present. First, would the prosecution have to prove conspiracy?
Second, would the prosecution have to prove intent to kill or not?
SENATOR LINA.
No more. As to the second question, Mr. President, if that occurs, there is no need
to prove intent to kill.
SENATOR GUINGONA.
But the charge is murder.
SENATOR LINA.
That is why I said that it should not be murder. It should be hazing, Mr. President.
98
The Court does not categorically agree that, under R.A. No. 8049, the prosecution
need not prove conspiracy. Jurisprudence dictates that conspiracy must be
established, not by conjectures, but by positive and conclusive evidence. Conspiracy
transcends mere companionship and mere presence at the scene of the crime does not
in itself amount to conspiracy. Even knowledge, acquiescence in or agreement to
cooperate, is not enough to constitute one as a party to a conspiracy, absent any active
participation in the commission of the crime with a view to the furtherance of the
common design and purpose. 99
R.A. No. 8049, nevertheless, presents a novel provision that introduces a
disputable presumption of actual participation; and which modi es the concept of
conspiracy. Section 4, paragraph 6 thereof provides that the presence of any person
during the hazing is prima facie evidence of participation as principal, unless he
prevented the commission of the punishable acts. This provision is unique because a
disputable presumption arises from the mere presence of the offender during the
hazing, which can be rebutted by proving that the accused took steps to prevent the
commission of the hazing.
The petitioners attempted to attack the constitutionality of Section 4 of R.A. No.
8049 before the CA, but did not succeed. "[A] nding of prima facie evidence . . . does
not shatter the presumptive innocence the accused enjoys because, before prima facie
evidence arises, certain facts have still to be proved; the trial court cannot depend alone
on such evidence, because precisely, it is merely prima facie. It must still satisfy that
the accused is guilty beyond reasonable doubt of the offense charged. Neither can it
rely on the weak defense the latter may adduce." 100
Penal laws which feature prima facie evidence by disputable presumptions
against the offenders are not new, and can be observed in the following: (1) the
possession of drug paraphernalia gives rise to prima facie evidence of the use of
dangerous drug; 101 (2) the dishonor of the check for insu cient funds is prima facie
evidence of knowledge of such insu ciency of funds or credit; 102 and (3) the
possession of any good which has been the subject of robbery or thievery shall be
prima facie evidence of fencing. 103 cDHAES
Verily, the disputable presumption under R.A. No. 8049 can be related to the
conspiracy in the crime of hazing. The common design of offenders is to haze the
victim. Some of the overt acts that could be committed by the offenders would be to
(1) plan the hazing activity as a requirement of the victim's initiation to the fraternity; (2)
induce the victim to attend the hazing; and (3) actually participate in the in iction of
physical injuries.
In this case, there was prima facie evidence of the petitioners' participation in the
hazing because of their presence in the venue. As correctly held by the RTC, the
presence of Dungo and Sibal during the hazing at Villa Novaliches Resort was
established by the testimony of Ignacio. She testi ed that she saw Sibal emerge from
the resort and approach her store, to wit:
MR. DIMACULANGAN
Q: And how many persons from this group did you see again?
WITNESS
A: Three (3), sir.
Q: Where did they come from, did they come out from the resort? Where did this 3
people or this group of people coming from?
A: Inside the resort, sir.
Q: And around what time was this?
A: Around 9:00, sir.
Q: And what did they do if any if they came out of the resort?
A: They went to my store, sir.
xxx xxx xxx
Q: Did you have any other visitors to your store that night?
xxx xxx xxx
A: "Meron po".
Q: Who were these visitors?
A: I don't know their names but I recognize their faces, sir.
Q: If I show you pictures of these people, will you be able to identify them before
this Court.
A: Yes, sir.
xxx xxx xxx
Q: Mrs. Ignacio, I am showing you this picture of persons marked as Exhibit "L" in
the Pre-Trial, can you please look over this document carefully and see if
any of the persons whom you said visited your store is here? TCAScE
xxx xxx xxx

A: "Siya rin po."
COURT:
Make it of record that the witness, pinpointed to the rst picture appearing on the
left picture on the first row.
xxx xxx xxx
ATTY. PAMAOS:
For the record, your Honor, we manifest that the picture and the name pointed by
the witness has been previously marked as Exhibit "L-3" and previously
admitted by the defense as referring to Gregorio Sibal, Jr., accused in this
case. . . 104
Ignacio, also positively identi ed Dungo as among the guests of Villa Novaliches
Resort on the night of the hazing, to wit:
COURT
Q: . . . Now, when you say other people you could identify who are not in the
pictures then how would you know that these people are indeed those
people you could identify?
WITNESS
A: "Iyon pong. . . di ba po nagkuwento ako na dumating sila tapos nag shake
hands at saka iyong nagyakapan po. . ."
Q: And what will be the signi cance of the alleged embrace and shake hands for
you to say that you could identify those people?
A: "Hindi po. Noong dumating po sila nasa isang jeep, meron pong lalaki doon sa
may tabi ng driver bumaba siya tapos po noong bumaba siya tapos iyong
mga kasamahan nya sa likod nagbaba-an din, iyon po nagbati-an po sila."
Q: And from these greeting, how could you identify these people?
A: "Ngayon ko lang po napag masdan ang taong iyon, hindi ko po alam na
akusado po sa kabila iyon."
Q: And who was that person?
A: "Siya po, iyon po."
Q: Who are you pointing to?
A: "Iyon pong naka-dilaw na. . ." (Witness pointing to Dandy Dungo)
Q: So, are you telling the Court that this person you positively saw seated beside
the driver came out and subsequently embraced and shook hands with the
other people from the jeepney, is that your testimony?
A: Yes, your Honor. 105
The testimony of Ignacio was direct and straightforward. Her testimony was
given great weight because she was a disinterested and credible witness. The
prosecution indubitably established the presence of Dungo and Sibal during the hazing.
Such gave rise to the prima facie evidence of their actual participation in the hazing of
Villanueva. They were given an opportunity to rebut and overcome the prima facie
evidence of the prosecution by proving that they prevented the commission of the
hazing, yet they failed to do so.
Because of the uncontroverted prima facie evidence against the petitioners, it
was shown that they performed an overt act in the furtherance of the criminal design of
hazing. Not only did they induce the victim to attend the hazing activity, the petitioners
also actually participated in it based on the prima facie evidence. These acts are
sufficient to establish their roles in the conspiracy of hazing.
Hence, generally, mere presence at the scene of the crime does not in itself
amount to conspiracy. 106 Exceptionally, under R.A. No. 8049, the participation of the
offenders in the criminal conspiracy can be proven by the prima facie evidence due to
their presence during the hazing, unless they prevented the commission of the acts
therein.
The guilt of the
petitioners was proven
beyond reasonable doubt
Aside from inducing Villanueva to attend the initiation rites and their presence
during the hazing, the petitioners' guilt was proven beyond reasonable doubt by the
sequence of circumstantial evidence presented by the prosecution. Their involvement in
the hazing of Villanueva is not merely based on prima facie evidence but was also
established by circumstantial evidence.
In considering a criminal case, it is critical to start with the law's own starting
perspective on the status of the accused — in all criminal prosecutions, he is presumed
innocent of the charge laid unless the contrary is proven beyond reasonable doubt. 107
In criminal law, proof beyond reasonable doubt does not mean such degree of proof
that produces absolute certainty. Only moral certainty is required or that degree of
proof which produces conviction in an unprejudiced mind. 108
While it is established that nothing less than proof beyond reasonable doubt is
required for a conviction, this exacting standard does not preclude resort to
circumstantial evidence when direct evidence is not available. Direct evidence is not a
condition sine qua non to prove the guilt of an accused beyond reasonable doubt. For in
the absence of direct evidence, the prosecution may resort to adducing circumstantial
evidence to discharge its burden. Crimes are usually committed in secret and under
conditions where concealment is highly probable. If direct evidence is insisted on under
all circumstances, the prosecution of vicious felons who commit heinous crimes in
secret or secluded places will be hard, if not impossible, to prove. 109
Needless to state, the crime of hazing is shrouded in secrecy. Fraternities and
sororities, especially the Greek organizations, are secretive in nature and their members
are reluctant to give any information regarding initiation rites. 110 The silence is only
broken after someone has been injured so severely that medical attention is required. It
is only at this point that the secret is revealed and the activities become public. 111
Bearing in mind the concealment of hazing, it is only logical and proper for the
prosecution to resort to the presentation of circumstantial evidence to prove it. cTDaEH
The rules on evidence and precedents to sustain the conviction of an accused

through circumstantial evidence require the existence of the following requisites: (1)
there are more than one circumstance; (2) the inference must be based on proven
facts; and (3) the combination of all circumstances produces a conviction beyond
reasonable doubt of the guilt of the accused. 112 To justify a conviction upon
circumstantial evidence, the combination of circumstances must be such as to leave no
reasonable doubt in the mind as to the criminal liability of the accused. Jurisprudence
requires that the circumstances must be established to form an unbroken chain of
events leading to one fair reasonable conclusion pointing to the accused, to the
exclusion of all others, as the author of the crime. 113
The CA meticulously wrote in detail the unbroken chain of circumstantial
evidence which established the petitioners' guilt in the death of Villanueva as follows:
1. Marlon Villanueva is a neophyte of Alpha Phi Omega, as testi ed by his
roommate Joey Atienza.
2. At around 3:00 o'clock in the afternoon of January 13, 2006, Sunga was
staying at their tambayan, talking to her organization mates. Three men
were seated two meters way from her. She identi ed two of the men as
appellants Sibal and Dungo, while she did not know the third man. The
three men were wearing black shirts with the seal of the Alpha Phi Omega.
3. Later at 5:00 o'clock in the afternoon, two more men coming from the
entomology wing arrived and approached the three men. Among the men
who just arrived was the victim, Marlon Villanueva. One of the men wearing
black APO shirts handed over to the two fraternity neophytes some money
and told the men "Mamalengke na kayo." He later took back the money and
said, "Huwag na, kami na lang."
4. One of the men wearing a black APO shirt, who was later identi ed as
appellant Dungo, stood up and asked Marlon if the latter already reported
to him, and asked him why he did not report to him when he was just at the
tambayan. Dungo then continuously punched the victim on his arm. This
went on for five minutes. Marlon just kept quiet with his head bowed down.
Fifteen minutes later, the men left going towards the Entomology wing. ITAaHc
5. The deceased Marlon Villanueva was last seen alive by Joey Atienza at 7:00 in
the evening of 13 January 2006, from whom he borrowed the shoes he
wore at the initiation right [sic] . Marlon told Joey that it was his " nals"
night.
6. On January 13, 2006 at around 8:30 to 9:00 o'clock in the evening, Susan
Ignacio saw more than twenty (20) persons arrive at the Villa Novaliches
Resort onboard a jeepney. She estimated the ages of these persons to be
between 20 to 30 years old. Three (3) persons riding a single motorcycle
likewise arrived at the resort.
7. Ignacio saw about fteen (15) persons gather on top of the terrace at the
resort who looked like they were praying. Later that evening, at least three
(3) of these persons went to her store to buy some items. She did not
know their names but could identity [sic] their faces. After she was shown
colored photographs, she pointed to the man later identi ed as Herald
Christopher Braseros. She also pointed out the man later identi ed as
Gregorio Sibal, Jr.
8. Donato Magat, a tricycle driver plying the route of Pansol, Calamba City,
testi ed that around 3:00 o'clock in the morning of January 14, 2006, he
was waiting for passengers at the corner of Villa Novaliches Resort when a
man approached him and told him that someone inside the resort needed
a ride. Magat then went to the resort and asked the two (2) men standing
by the gate who will be riding his tricycle.
9. The four (4) men boarded his tricycle but Magat noticed that when he touched
the body of the man who was being carried, it felt cold. The said man
looked very weak like a vegetable.
10. Seferino Espina y Jabay testi ed that he worked as a security guard at the
J.P. Rizal Hospital and was assigned at the emergency room. At around
3:00 o'clock in the early morning of January 14, 2006, he was with another
security guard, Abelardo Natividad and hospital helper Danilo Glindo a.k.a.
Gringo, when a tricycle arrived at the emergency room containing four (4)
passengers, excluding the driver. He was an arm's length away from said
tricycle. He identi ed two of the passengers thereof as appellants Dungo
and Sibal. Espina said he and Glindo helped the passengers unload a body
inside the tricycle and brought it to the emergency room.
11. Afterwards, Espina asked the two men for identi cation cards. The latter
replied that they did not bring with them any I.D. or wallet. Instead of giving
their true names, the appellants listed down their names in the hospital
logbook as Brandon Gonzales y Lanzon and Jericho Paril y Rivera. Espina
then told the two men not to leave, not telling them that they secretly
called the police to report the incident which was their standard operating
procedure when a dead body was brought to the hospital.
12. Dr. Ramon Masilungan, who was then the attending physician at the
emergency room, observed that Marlon was motionless, had no heartbeat
and already cyanotic.
13. Dr. Masilungan tried to revive Marlon for about 15 to 20 minutes. However,
the latter did not respond to resuscitation and was pronounced dead. Dr.
Masilungan noticed a big contusion hematoma on the left sides of the
victim's face and several injuries on his arms and legs. He further attested
that Marlon's face was already cyanotic.
14. When Dr. Masilungan pulled down Marlon's pants, he saw a large contusion
on both legs which extended from the upper portion of his thigh down to
the couplexial portion or the back of the knee.
15. Due to the nature, extent and location of Marlon's injuries, Dr. Masilungan
opined that he was a victim of hazing. Dr. Masilungan is familiar with
hazing injuries, having undergone hazing when he was a student and also
because of his experience treating victims of hazing incidents.
16. Dr. Roy Camarillo, Medico-Legal O cer of the PNP Crime Laboratory in
Region IV, Camp Vicente Lim, Canlubang, Calamba City, testi ed that he
performed an autopsy on the cadaver of the victim on January 14, 2006;
that the victim's cause of death was blunt head trauma. From 1999 to
2006, he was able to conduct post-mortem examination of the two (2)
persons whose deaths were attributed to hazing. These two (2) persons
sustained multiple contusions and injuries on different parts of their body,
particularly on the buttocks, on both upper and lower extremities. Both
persons died of brain hemorrhage. Correlating these two cases to the
injuries found on the victim's body, Dr. Camarillo attested that the victim,
Marlon Villanueva, sustained similar injuries to those two (2) persons.
Based on the presence of multiple injuries and contusions on his body, he
opined that these injuries were hazing-related. 114 CHTAIc
Petitioners Dungo and Sibal, on the other hand, presented the defense of denial
and alibi. These defenses, however, must fail. Time and time again, this Court has ruled
that denial and alibi are the weakest of all defenses, because they are easy to concoct
and fabricate. 115 As properly held by the RTC, these defenses cannot prevail over the
positive and unequivocal identi cation of the petitioners by prosecution witnesses
Sunga and Ignacio. The testimonies of the defense witnesses also lacked credibility
and reliability. The corroboration of defense witness Rivera was suspect because she
was the girlfriend of Dungo, and it was only logical and emotional that she would stand
by the man she loved and cared for. The testimonies of their fellow fraternity brothers,
likewise, do not hold much weight because they had so much at stake in the outcome
of the case. Stated differently, the petitioners did not present credible and disinterested
witnesses to substantiate their defenses of denial and alibi.
After a careful review of the records, the Court agrees with the CA and the RTC
that the circumstantial evidence presented by the prosecution was overwhelming
enough to establish the guilt of the petitioners beyond a reasonable doubt. The
unbroken chain of events laid down by the CA leaves us no other conclusion other than
the petitioners' participation in the hazing. They took part in the hazing and, together
with their fellow fraternity o cers and members, in icted physical injuries to Villanueva
as a requirement of his initiation to the fraternity. The physical injuries eventually took a
toll on the body of the victim, which led to his death. 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.
Final Note
Hazing has been a phenomenon that has beleaguered the country's educational
institutions and communities. News of young men beaten to death as part of
fraternities' violent initiation rites supposedly to seal fraternal bond has sent disturbing
waves to lawmakers. Hence, R.A. No. 8049 was signed into to law on June 7, 1995.
Doubts on the effectiveness of the law were raised. The Court, however, scrutinized its
provisions and it is convinced that the law is rigorous in penalizing the crime of hazing.
Hopefully, the present case will serve as a guide to the bench and the bar on the
application of R.A. No. 8049. Through careful case-build up and proper presentation of
evidence before the court, it is not impossible for the exalted constitutional
presumption of innocence of the accused to be overcome and his guilt for the crime of
hazing be proven beyond reasonable doubt. The prosecution must bear in mind the
secretive nature of hazing, and carefully weave its chain of circumstantial evidence.
Likewise, the defense must present a genuine defense and substantiate the same
through credible and reliable witnesses. The counsels of both parties must also
consider hazing as a malum prohibitum crime and the law's distinctive provisions.
While the Court nds R.A. No. 8049 adequate to deter and prosecute hazing, the
law is far from perfect. In Villareal v. People , 116 the Court suggested that the fact of
intoxication and the presence of non-resident or alumni fraternity members during
hazing should be considered as aggravating circumstances that would increase the
applicable penalties. Equally, based on the discussion earlier, this Court suggests some
further amendments to the law. First, there should be a penalty or liability for non-
compliance with Section 2, or the written notice requirement, and with Section 3, or the
representation requirement. Second, the penalties under Section 4 should also consider
the psychological harm done to the victim of hazing. With these additional inputs on
R.A. No. 8049, the movement against hazing can be invigorated.
R.A. No. 8049 is a democratic response to the uproar against hazing. It
demonstrates that there must, and should, be another way of fostering brotherhood,
other than through the culture of violence and suffering. The senseless deaths of these
young men shall never be forgotten, for justice is the spark that lights the candles of
their graves.
WHEREFORE , the petition is DENIED . The April 26, 2013 Decision and the
October 8, 2013 Resolution of the Court of Appeals in CA-G.R. CR-H.C. No. 05046 are
hereby AFFIRMED in toto.
Let copies of this Decision be furnished to the Secretary of the Department of
Justice as guidance for the proper implementation and prosecution of violators of R.A.
No. 8049; and to the Senate President and the Speaker of the House of Representatives
for possible consideration of the amendment of the Anti-Hazing Law to include the
penalty for noncompliance with its Section 2 and 3, and the penalty for the
psychological harms to the surviving victims of hazing.
SO ORDERED . EATCcI
Carpio, Bersamin, * Del Castillo and Leonen, JJ., concur.

Footnotes
* Designated Acting Member in lieu of Associate Justice Arturo D. Brion, per Special
Order No. 2079, dated June 29, 2015.
1. Penned by Associate Justice Danton Q. Bueser with Associate Justice Amelita G. Tolentino
and Associate Justice Ramon R. Garcia, concurring of Court of Appeals Fourth
Division; rollo, pp. 66-88.
2. Id. at 90-91.
3. Penned by Presiding Judge Medel Arnaldo B. Belen; id. at 30-64.

4. Records, Vol. I, p. 1.
5. Id. at 49.
6. Id. at 41-44.

7. Id. at 58.
8. Id. at 301.
9. Id. at 17-22.
10. Id. at 325.
11. TSN Vol. I, June 28, 2006, p. 90.
12. Id. at 29-31.

13. Records, Vol. I, pp. 331-332.
14. TSN, Vol. I, August 23, 2006, p. 8.
15. TSN, Vol. II, September 12, 2007, p. 8.

16. Records, Vol. II, pp. 50-51.
17. Records, Vol. I, pp. 360-407.
18. Records, Vol. II, pp. 35-45.
19. Id. at 46.

20. Rollo, p. 64.
21. Id. at 87.
22. Id. at 15.

23. Records, Vol. I, p. 1.
24. Rollo, p. 86.
25. Id. at 125-146.

26. Id. at 137.
27. Id. at 153-163.
28. Rollo, p. 155.
29. Black's Law Dictionary, 9th ed., p. 112 (2009).

30. Boardwalk Business Ventures, Inc. v. Villareal , G.R. No. 181182, April 10, 2013, 695 SCRA
468, 477.
31. Rule 124, Sec. 13. Certification or appeal of case to the Supreme Court. —
(a) Whenever the Court of Appeals nds that the penalty of death should be imposed, the
court shall render judgment but refrain from making an entry of judgment and
forthwith certify the case and elevate its entire record to the Supreme Court for
review.
(b) Where the judgment also imposes a lesser penalty for offenses committed on the same
occasion or which arose out of the same occurrence that gave rise to the more severe
offense for which the penalty of death is imposed, and the accused appeals, the
appeal shall be included in the case certified for review to, the Supreme Court.
(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a
lesser penalty, it shall render and enter judgment imposing such penalty. The
judgment may be appealed to the Supreme Court by notice of appeal led with the
Court of Appeals.
32. People v. Torres, et al., G.R. No. 189850, September 22, 2014.
33. Section 5, Article VIII of the 1987 Constitution.

34. Metropolitan Bank and Trust Company v. Ley Construction and Development Corporation ,
G.R. No. 185590, December 03, 2014.
35. Section 6, Rule 45 of the Rules of Court.
36. Rollo, pp. 157-160.

37. Exceptionally, even under the Rule 45, the Court could entertain questions of fact based on
the following grounds: (1) When the conclusion is a nding grounded entirely on
speculation, surmises and conjectures; (2) When the inference made is manifestly
mistaken, absurd or impossible; (3) Where there is a grave abuse of discretion: (4)
When the judgment is based on a misapprehension of facts; (5) When the ndings of
fact are con icting; (6) When the Court of Appeals, in making its ndings, went
beyond the issues of the case and the same is contrary to the admissions of both
appellant and appellee; (7) When the ndings are contrary to those of the trial court;
(8) When the ndings of fact are without citation of speci c evidence on which the
conclusions are based; (9) When the facts set forth in the petition as well as in the
petitioner's main and reply briefs are not disputed by the respondents; and (10) When
the findings of fact of the Court of Appeals are premised on the supposed absence of
evidence and contradicted by the evidence on record; see David v. Misamis
Occidental II Electric Cooperative, Inc., G.R. No. 194785, July 11, 2012, 676 SCRA 367,
373-374.
38. G.R. Nos. 151258, 154954, 155101, 178057 & 178080, February 1, 2012, 664 SCRA 519.
39. Id. at 562.

40. Gregory L. Acquaviva, Protecting Students from the Wrongs of Hazing Rites: A Proposal
for Strengthening New Jersey's Anti-Hazing Act, 26 QUINNIPIAC L. REV. 308 (2008).
41. 253 N.Y. S 2d 9, 1964.
42. Black Law's Dictionary, 9th Ed., p. 786 (2009).
43. Colleen McGlone & George Schaefer, After the Haze: Legal Aspects of Hazing, 6 ES L. J. 1
(2008), citing Nadine Hoover, National Survey: Initiation rites and athletics for NCAA
Sports Team (1999) and Colleen McGlone, Hazing in N.C.A.A Division I Women's
Athletics: An Exploratory Analysis (2005).
44. Id. at 39.
45. Hank Nuwer & Christopher Bollinger, Chapter 14 — Hazing, Violence Goes to College: The
Authoritative Guide to Prevention and Intervention, p. 207 (2009).
46. Tamara Saunders & Chelsee Benté, Hazing Adjudication Guide — For College and
Universities, p. 13 (2013).
47. Id.
48. Id.

49. Supra note 43, at 30.
50. F.S. § 1006.63; HB 193.

51. NY PEN. LAW § 120.16 — 120.17.
52. Supra note 43, at 30, citing Marc Edelman, How to Prevent High School Hazing: A Legal,
Ethical and Social Primer, 81 N. DAK. L. REV. 309 (2005).
53. ALA CODE § 16-1-23.
54. Hank Nuwer, Wrongs of Passage: Fraternities, Sororities, Hazing, and Binge Drinking, p.
170 (2001).
55. N.J. STAT. ANN. § 2C:40-3 to § 2C:40-4.
56. Gregory Parks and Tiffany Southerland, The Psychology and Law of Hazing Consent, 97
MARQUETTE L. REV. 13 (2013).
57. Michelle Finkel, Traumatic Injuries Caused by Hazing Practices 20 AM. J. E. M. 232
(2002).
58. Janis Doleschal, Legal Strategies to Confront High School Hazing Incidents in the United
States, 2 INTL. SPORTS. LAW. J. 11 (2002).
59. 90 Ohio App.3d 684 (1993).
60. 680 N.Y.S.2d 278-79 (1999).
61. 98 F.Supp.2d 665 (2000).

62. 976 N.E.2d 724, 728 (2012).
63. Sponsorship Speech of former Senator Joey Lina, Senate Transcript of Session
Proceedings No. 34 on October 8, 1992 of the 9th Congress, 1st Regular Sess. at 21-
22 (Senate TSP No. 34).
64. Tan v. Ballena, 579 Phil. 503, 527-528 (2008).

65. LUIS B. REYES, THE REVISED PENAL CODE: CRIMINAL LAW — BOOK ONE 56 (17th ed.
2008).
66. Estrada v. Sandiganbayan , 421 Phil. 290 (2001); see also Tan v. Ballena, ibid. and Garcia
v. CA , 319 Phil. 591 (2008) for more examples of mala in se crimes in special laws.
July 4, 2008.
67. Art. 220 of the Revised Penal Code; see Ysidoro v. People , G.R. No. 192330, November 14,
2012, 685 SCRA 637.
68. Teves v. COMELEC , 604 Phil. 717, 729 (2009), citing Dela Torre v. COMELEC , 327 Phil.
1144, 1150-1151 (1996).
69. Senate TSP No. 47, supra note 63.

70. Villareal v. People, supra note 38, at 590.
71. Vedaña v. Valencia, 356 Phil. 317, 332 (1998).

73. See People v. Beriarmente, 418 Phil. 229 (2001).
74. See People v. Bayabas , G.R. No. 174786, February 18, 2015, where the Court discussed
that the term "organization" under R.A. No. 8049 is not limited to fraternities,
sororities, educational institutions, corporations, PNP and AFP.
75. Par. 8, Section 4, R.A. 8049.
76. Par. 6, Sec. 4, R.A. 8049.
77. Par. 1, Sec. 4 of R.A. 8049 prescribe the following penalties:
1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation
results there from.
2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day to
20 years) if in consequence of the hazing the victim shall become insane, imbecile,
impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day
to 17 years and 4 months) if in consequence of the hazing the victim shall have lost
the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a
foot, an arm or a leg or shall have lost the use of any such member shall have
become incapacitated for the activity or work in which he was habitually engaged.
4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14
years and 8 months) if in consequence of the hazing the victim shall become
deformed or shall have lost any other part of his body, or shall have lost the use
thereof, or shall have been ill or incapacitated for the performance on the activity or
work in which he was habitually engaged for a period of more than ninety (90) days.
5. The penalty of prision mayor in its maximum period (10 years and one day to 12 years) if
in consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged for a period
of more than thirty (30) days.
6. The penalty of prision mayor in its medium period (8 years and one day to 10 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged for a period
of ten (10) days or more, or that the injury sustained shall require medical assistance
for the same period.
7. The penalty of prision mayor in its minimum period (6 years and one day to 8 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged from one (1)
to nine (9) days, or that the injury sustained shall require medical assistance for the
same period.
8. The penalty of prision correccional in its maximum period (4 years, 2 months and one day
to 6 years) if in consequence of the hazing the victim sustained physical injuries
which do not prevent him from engaging in his habitual activity or work nor require
medical attendance.
78. Art. 249, 263, 265 and 266 of the Revised Penal Code.
79. Sec. 4 — . . .
The maximum penalty herein provided shall be imposed in any of the following instances:
(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on
the person of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant initially consents to join but upon learning that
hazing will be committed on his person, is prevented from quitting;
(c) when the recruit, neophyte or applicant having undergone hazing is prevented from
reporting the unlawful act to his parents or guardians, to the proper school
authorities, or to the police authorities, through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or institution; or

(e) when the victim is below twelve (12) years of age at the time of the hazing.
80. Par. 1 (8), Section 4, R.A. 8049.
81. Par. 5, Sec. 4, R.A. 8049.
82. Id.
83. Id.
84. Par. 3, Sec. 4, R.A. 8049.
85. Par. 4, Sec. 4, R.A. 8049.

86. Par. 3, Sec. 4, R.A. 8049.
87. Par. 7, Sec. 4, R.A. 8049.
88. Senate TSP No. 62, supra note 63, at 13-15.

89. Par. 2, Sec. 4, R.A. 8049.
90. See Ateneo De Manila University v. Capulong , G.R. No. 99327, May 27, 1993, 222 SCRA
644, 656, where it was stated that an administrative proceeding conducted to
investigate students' participation in a hazing activity need not be clothed with the
attributes of a judicial proceeding.
91. Id. at 49.
92. People v. Puig , 585 Phil. 555, 562 (2008), citing People v. Lab-eo , 424 Phil. 482, 495
(2002).
93. Elizabeth J. Allan & Mary Madden, Hazing in View: College Students at Risk, NATIONAL
STUDY OF STUDENT HAZING, p. 24 (2008).
94. Rivera v. People, G.R. No. 156577, December 03, 2014.
95. People v. Caballero, 448 Phil. 514, 528-529 (2003).
96. People v. Morilla, G.R. No. 189833, February 5, 2014, 715 SCRA 452, 461.
97. People v. Collado, G.R. No. 185719, June 17, 2013, 698 SCRA 628, 650.
98. Senate TSP No. 47, supra note 63.
99. Ladonga v. People, 414 Phil. 86, 101 (2005).

100. Agullo v. Sandiganbayan, 414 Phil. 86, 101 (2001).
101. Sec. 12, R.A. 9165, as amended.
102. Sec. 2, B.P. 22.
103. Sec. 5, P.D. 1612.
104. TSN Vol. I, June 28, 2006, pp. 23-31.

105. Id. at 89-90.
106. People v. Labagala, 640 Phil. 311 (2010).
107. People v. Capuno, 635 Phil. 226, 236 (2011).

108. People v. Javier, 659 Phil. 653, 657 (2008).
109. People v. Sace, 631 Phil. 335, 343 (2010).
110. Stephen Sweet, Understanding Fraternity Hazing, THE HAZING READER 2 (2004).
111. Supra note 43, at 14.
112. Sec. 4, Rule 133, Rules of Court.
113. People v. Sevellino, 469 Phil. 209, 220 (2004).
114. Rollo, pp. 81-84.

115. People v. Ayade, 624 Phil. 237, 245 (2010).

Petitioners vs. vs. Respondent: Second Division

Uploaded by

Copyright:

Available Formats

Petitioners vs. vs. Respondent: Second Division

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Petitioners vs. vs. Respondent: Second Division

Uploaded by

Copyright:

Available Formats

SECOND DIVISION

[G.R. No. 209464. July 1, 2015.]

DANDY L. DUNGO and GREGORIO A. SIBAL, JR. , petitioners, vs.

Version of the Defense

In other words, when the CA imposed a penalty of reclusion perpetua or life

CD Technologies Asia, Inc. 2018 cdasiaonline.com

The penalty is increased in one, because we would like to discourage hazing,

xxx xxx xxx

The rules on evidence and precedents to sustain the conviction of an accused

Carpio, Bersamin, * Del Castillo and Leonen, JJ., concur.

3. Penned by Presiding Judge Medel Arnaldo B. Belen; id. at 30-64.

CD Technologies Asia, Inc. 2018 cdasiaonline.com

12. Id. at 29-31.

15. TSN, Vol. II, September 12, 2007, p. 8.

19. Id. at 46.

22. Id. at 15.

25. Id. at 125-146.

29. Black's Law Dictionary, 9th ed., p. 112 (2009).

33. Section 5, Article VIII of the 1987 Constitution.

36. Rollo, pp. 157-160.

39. Id. at 562.

CD Technologies Asia, Inc. 2018 cdasiaonline.com

50. F.S. § 1006.63; HB 193.

61. 98 F.Supp.2d 665 (2000).

64. Tan v. Ballena, 579 Phil. 503, 527-528 (2008).

69. Senate TSP No. 47, supra note 63.

72. Villareal v. People, supra note 38, at 591.

(d) when the hazing is committed outside of the school or institution; or

85. Par. 4, Sec. 4, R.A. 8049.

88. Senate TSP No. 62, supra note 63, at 13-15.

99. Ladonga v. People, 414 Phil. 86, 101 (2005).

104. TSN Vol. I, June 28, 2006, pp. 23-31.

107. People v. Capuno, 635 Phil. 226, 236 (2011).

114. Rollo, pp. 81-84.

CD Technologies Asia, Inc. 2018 cdasiaonline.com

You might also like