MANILA, Philippines - Two members of the Tau Gamma Phi fraternity yesterday denied criminal charges before the Department of Justice (DOJ) for their alleged involvement in the initiation rites last June where De La Salle-College of Saint Benilde student Guillo Cesar Servando died.
Carl Francis Loresca and Steven Jorge Peñano appeared before the DOJ panel of prosecutors during a preliminary investigation hearing.
They brought with them witnesses to prove their defense that they did not take part in the hazing rites held in a house on Calatagan St., Barangay Palanan in Makati City.
Another respondent, Tessa Dayanghirang, reportedly a girlfriend of one of the fraternity members, also submitted a counter-affidavit and denied taking part in the initiation rites.
The other respondents in the hazing charges failed to submit their answers yesterday – the deadline set by the investigating prosecutors – despite being given two chances. They were initially summoned to the first hearing last Aug. 7 to submit their counter-affidavits.
Assistant State Prosecutor Stewart Allan Mariano, chair of the DOJ panel, said their right to answer the charges has been waived due to their repeated absence at the hearings.
He said the final hearing will be on Aug. 20 when the complainant, Servando’s father Aurelio, would file a reply before the complaint is submitted for resolution.
The 20 respondents led by Cody Errol Morales, reported head of Tau Gamma Phi-De La Salle chapter, were charged with violating Section 4 Republic Act 8049 or the Anti-Hazing Law, which provides life imprisonment for the crime of death by hazing.
The other respondents are Daniel Paul Bautista, Esmerson Calupas, Jemar Pajarito, Kurt Michael Almazan, John Paul Arevalo, Hans Killian Tatlonghari, Eleazar Pablico III, John Kevin Navoa, Vic Angelo Dy, Mark Andrew Ramos, Mike Castañeda, Alyssa Valbuena, Justin Francis Reyes, an alias Kiko, an alias Bea and an unidentified suspect.
Navoa, Calupas, Tatlonghari and Pablico have already left the country, according to the Bureau of Immigration.
Almazan, Solomon, Pajarito, Peñano and Arevalo attended the hearings last July 31 and Aug. 7.
Almazan and Solomon are members of the fraternity while Pajarito is the caretaker of the house where the rites took place.
They had earlier cooperated with the NBI and detailed their participation in the incident.
Peñano, for his part, denied the charges in the first hearing.
Arevalo was one of the three neophytes who earlier testified in the joint fact-finding probe of the National Bureau of Investigation (NBI) and Makati City police.
He decided to also file his complaint for RA 8049 against the fraternity members.
In the first hearing last July 31, neophytes John Paul Raval Raval and two others – Lawrence Anthony Agustin and a minor – subscribed to their affidavits before an investigating panel chaired by Assistant State Prosecutor Stewart Allan Mariano.
They detailed the incidents leading to the death of Servando after the hazing rites on June 28 in Makati City.
From witness, Raval will become a victim and co-complainant in the hazing charges filed by Servando’s father Aurelio.
In yesterday’s hearing, only one of the respondents appeared and submitted his counter-affidavit.
Luis Solomon Arevalo, who surrendered to the NBI earlier, denied taking part in the hazing rites and claimed he has not been an active member of the fraternity. He also claimed that he even tried to stop his fraternity brothers from continuing the initiation rites.
The next hearing has been set on Aug. 14, also the deadline for filing of answers of all respondents.
After that, Prosecutor Mariano said the complaint would be submitted for resolution with or without the counter-affidavits.