MANILA, Philippines — The Supreme Court upheld the conviction of two Alpha Phi Omega members for killing through hazing a University of the Philippines Los Banos student in 2006.
In a 39-page ruling penned penned by Associate Justice Jose Catral Mendoza, the court's Second Division affirmed the penalty of reclusion perpetua, or 20 years and and a day to 40 years of imprisonment.
The penalty was imposed by the Calamba, Laguna Regional Trial Court Branch 36 against Dandy Dungo and Gregorio Sibal Jr. for the death of Marlon Vilanueva. It was the first conviction under Republic Act 8049, or the Anti-Hazing Law.
The RTC ruled that the prosecution has "undeniably proved" that the victim was seen with Dungo and Sibal entering a resort where the initiation rites were conducted. After which, the duo brought the victim to JP Rizal Hospital.
The case went to the Court of Appeals which affirmed the RTC ruling before it was elevated to the SC.
In their appeal before the SC, Sibal and Dungo argued that the prosecution failed to prove that they actually participated in the hazing of Villanueva.
The two said the prosecution proved in the trial that their participation was only persuading Villanueva to join the fraternity and go through initiation rites.
The SC said the two did not only induce the victim, they also accompanied him to the venue of the final initiation rites.
"The hazing would not have been accomplished were it not for the acts of the petitioners that induced the victim to be present," the Supreme Court decision noted.
"Secrecy and silence are common characteristics of the dynamics of hazing," the SC said.
The high tribunal added that to require the prosecutor to indicate the planned initiation rite when details are almost nil "would be an arduous task if not downright possible." — PNA