CA bars evidence in Atio hazing case

MANILA, Philippines — The Court of Appeals (CA) has ordered a Manila court to exclude a majority of evidence in the fatal hazing of University of Santo Tomas law freshman Horacio Castillo III that were found in the Aegis Juris fraternity’s library in Sampaloc, Manila.

In a 74-page consolidated decision, the CA questioned how Judge Marivic Balisi-Umali of the Manila Regional Trial Court Branch 20 no longer examined the admissibility of most of the evidence obtained by the Manila Police District (MPD) from the Aegis Juris Law Resources Center (AJLRC) even as the search warrant used by investigators did not pertain to the fraternity’s law library.

The decision, promulgated on Nov. 7, was signed by Associate Justice Susana Atal-Paño, with Associate Justices Manuel Barrios and Maximo de Leon concurring.

In the search warrant, the MPD supposedly promised to search 1247 Laon Laan corner Navarra streets, but ended up searching the AJLRC, which is located at 1458 Laon Laan corner Navarra streets.

The CA also noted that a majority of the evidence seized at the scene were not listed in the search warrant.

“Consequently, a search cannot be made at a place other than that stated in the corresponding warrant. Nor can searching officers seize things which are not covered by their warrant. A search in any place other than that stated in a warrant or the seizure of any object not included in the warrant is, by necessary implication, unreasonable, unwarranted and thus unauthorized,” the CA wrote.

Save for the three paddles and two pairs of socks found during the police search, 18 other pieces of evidence – including 16 black metal batons, DNA samples from latent fingerprints and a buccal swab of items and surfaces found in the library – cannot be “considered as included in the specific and definite list of items that (Search Warrant) No. 17-27746 commanded to be searched and seized. Nor could the seizure of these items be justified under any one of the permissible warrantless search and seizures.”

The CA said that “any evidence not explicitly included” in the search warrant but was seized from the fraternity’s library on Sept. 28 and 29, 2017 “are inadmissible evidence pursuant to the Exclusionary Rule.”

The CA also denied the frat members’ bail plea, saying these “do not have merit and must be denied,” as well as the disqualification case against Judge Cicero Jurado Jr. as he is no longer hearing the case.