Makati fiscal won't appeal dismissal of APO hazing case

MANILA, Philippines - The Makati Prosecutor’s office will no longer file a motion for reconsideration on the decision of a Makati Regional Trial Court (RTC) judge dismissing the hazing case filed against five members of the Alpha Phi Omega (APO) in connection with the death of a 19-year-old student of the University of Makati (UMAK).

In an interview with The STAR, Makati Assistant City Prosecutor Lody Tancioco said they would rather not file a motion for reconsideration using the same pieces of evidence provided to them by the Makati City Police.

Tancioco, however, clarified that the case can still be refiled against suspects John Marin, Rico Mansalapus, Michael Pagulayan and Roesel Wenceslao and a 17-year-old UMAK student.

“We can still file the case against the suspects once new pieces of evidence are found. The proscription period in the filing of the case against these suspects is 20 years. I agreed with the contention of Vice President Jejomar Binay, who is also a lawyer, that there will be no double jeopardy once we file the case anew against the suspects when new pieces of evidence are presented because they have not yet been arraigned yet,” Tancioco said.

Tancioco said the Makati prosecutor’s office will closely coordinate with the Makati police for the gathering of new pieces of evidence.

Makati RTC Branch 57 Judge Honorio Guanlao earlier dismissed the case against the five members of APO after the prosecutor failed to submit additional pieces of evidence to prove that there is probable cause to charge the suspects.

Guanlao noted that the Makati prosecutor’s office filed the case against the five members of APO based on the affidavit of the police.

He said there was also no sworn affidavit submitted by the suspects owning up the crime and they were investigated without being accompanied by lawyers.

Tancioco agreed that there have been some lapses on the part of the police.

Hazing victim EJ Karl Intia’s father, Oscar, is considering seeking the assistance of the National Bureau of Investigation (NBI).

“All I want is justice for my son and I was advised to seek the help of the lawyer who could help me, should I decide to appeal the decision of Judge Guanlao. That is why I want now to seek the help of the NBI in gathering new and strong evidence against the people behind my son’s death,” Intia said.