MANILA, Philippines — A Manila court has ordered the transfer of the detained Aegis Juris members charged over the fatal slay of law school freshman Horacio “Atio” Castillo III to the Manila City Jail.
Manila Regional Trial Court Branch 20 Judge Marivic Umali on Tuesday issued a six-page court order that denied the accused’s appeal to remain detained at the National Bureau of Investigation.
Umali said that under the Rules of Criminal Procedure, those who are arrested “shall be delivered to the nearest police station or jail.”
The Manila judge stressed: “It must be noted that the NBI Detention Center is neither a police station nor a jail.”
The ten members of the Aegis Juris Fraternity surrendered to the NBI on March 23, barely a day after the Manila court issued a warrant for their arrest.
They are facing charges for violation of Republic Act 8049, or the Anti-Hazing Law. According to the testimony of state witness Mark Ventura, Castillo was punched and paddled for hours as part of the fraternity's rites.
By the dawn of September 17 , 2017, Castillo was dead.
Accused cited fear of life
The accused filed an appeal to be allowed to remain at the NBI, citing their “fear for life and security.”
They pointed out that several gangs are currently inside the Manila City Jail, while the ten accused are “members of Aegis Juris Fraternity which is an exclusive law-based fraternity in UST.”
“To transfer them to Manila City Jail runs the risk of subjecting them to jail-bullying and threats which may result to physical confrontation and can lead to unnecessary violence,” the Court order, quoting the camp of the accused, reads.
The fratmen also implored that “with the number of prisoners in the Manila City Jail, the prison guards cannot ensure the security of each of the prisoners detained therein.”
The prosecution argued that “one’s right to life is not a general utility tool that could be invoked to his convenience.”
But Umali stressed that the “City Jail is mandated to implement strong security measures for the control of the inmates.”
He added that the NBI cannot detain them as the accused are facing charges that do not fall crimes listed under the powers and duties of the NBI Reorganization and Modernization Act of 2016.
The Manila judge then denied the accused’s motion.
NBI spokesperson Ferdinand Lavin, in a text message to reporters, confirmed that the bureau has received the court order.
“Transfer is being processed,” Lavin added.
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