THE Anti-Hazing Law, or Republic Act 8049 gets to sink its teeth on real flesh for the first time, after the Supreme Court's conviction of two Alpha Phi Omega (APO) members for the hazing of University of the Philippines-Los Baños (UPLB) student Marlon Vilanueva in 2006.
This is the first conviction since the Anti-Hazing Law was passed on 1995, in the light of the death of Leni Villa, a law student from Ateneo de Manila who similarly died from hazing.
According to Inquirer.net, the high court's 39-page decision through Associate Justice Jose Catral Mendoza affirmed the penalty of reclusion perpetua (20 years and 1 day to 40 years imprisonment) imposed by the Calamba Laguna Regional Trial Court Branch 36 against Dandy L. Dungo and Gregorio A. Sibal Jr.
The Laguna 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 and that the same two brought the victim to JP Rizal Hospital.
It added that while there was no evidence that Dungo and Sibal participated in the initiation rites, there were evidence that the two brought the victim to the venue where the final initiation rites were conducted and where the victim sustained injuries that led to his death.
The case went to the Court of Appeals who affirmed the lower court’s ruling thus it was elevated to the Supreme Court.
The Supreme Court ruled:
“In the absence of direct evidence, the prosecution may resort to adducing circumstantial evidence to discharge its burden. Crimes are usually committed in secret and under conditions where concealment is highly probable. If direct evidence is insisted on under all circumstances, the prosecution of vicious felons who commit heinous crimes in secret or secluded places will be hard, if not impossible to prove,”
“The unbroken chain of events laid down leaves us no other conclusion other than the petitioners’ participation in the hazing…With the fact of hazing, the identity of the petitioners and their participation therein duly proves, the moral certainty that produces conviction in an unprejudiced mind has been satisfied,”
Hazing deaths history in the Philippines
In an article from Philstar on July 2014, it listed about 22 hazing deaths in the country since the year 2000, as follows:
2014: Guillo Servando — An 18-year-old Benilde sophomore believed to have suffered severe beating and died following initiation rites under the Tau Gamma fraternity.
2013: John Mark Dugan — A 19-year-old sophomore marine cadet in the Maritime Academy of Asia and the Pacific whose death was linked to hazing.
2012: Marc Andre Marcos — A 20-year-old San Beda University law student who was allegedly beaten to death by members of Lex Leonum fraternity. The accused were cleared from charges in 2013.
Marvin Reglos — A 25-year-old San Beda law student was reportedly killed during hazing rites held by the Lambda Rho Beta fraternity in Antipolo City.
2011: E.J. Karl Intia — A University of Makati student believed to have aspired to join the Alpha Phi Omega fraternity but ended being killed in initiation rites. His body was recovered near a 30-foot cliff in Laguna.
2010: Noel Borja Jr. — A 15-year-old elementary student and neophyte who reportedly was assaulted to death by members of Tau Gamma Phi fraternity. The brotherhood learned that Borja's parents belong to rival Alpha Kappa Rho fraternity.
2009: Glacy Monique Dimaranan — A 15-year-old girl who died of a single gunshot wound in the head during initiation rites. A member of Scout Royal Brotherhood in Laguna accidentally pulled the trigger of the gun he was pointing at the victim.
John Daniel Samparanda — An 18-year-old Lyceum of the Philippines student in General Trias, Cavite believed to have died in Tau Gamma Phi fraternity rites.
Elvin Sinaluan — A 21-year-old Scout Royal Brotherhood entrant whose life was reportedly ended in brutal admission rites. Sinaluan and fellow victims "were hit by paddle every 30 seconds for two hours," authorities said.
Karl Anthony Gaudicos — A 18-year-old engineering student of the Holy Cross of Davao College who died in hazing activities under the Tau Gamma Phi and Tau Gamma Sigma.
2007: Cris Anthony Mendez — A 20-year-old University of the Philippines student and allegedly a Sigma Rho fraternity neophyte died of mauling during initiation rites.
Jan Angelo Dollete — A 21-year-old engineering student suspected to be killed in Sapian, Capiz by members of the Alpha Phi Omega.
2006: Clark Anson Silverio — A Technological University of the Philippines mechanical engineering student was dead upon arrival at the Manila Sanitarium Hospital in Pasay City after cruel initiation rites believed to be by Tau Gamma Phi fraternity.
Marlon Villanueva — A 21-year-old agriculture economics from the University of the Philippines Los Baños died in fraternity rites held in a resort in Calamba, Laguna.
Dan Robert Talibutab — A criminology student from St. Therese College in Iloilo was believed to be a victim of hazing by members of the non-accredited school organization Kapatiran ng Kabataan sa Kriminolohiya.
2004: Mark Welson Chua — The University of Santo Tomas student exposed corruption among Reserve Officers' Training Corps officials was killed by fellow student. Defendants during trial claimed that Chua died in fraternity hazing rites.
2003: Emerson Berry Jr. — A 16-year-old fourth year student from the Casanayan National High School was beaten up and died in initiation rites by members of the Beta Sigma Rho brotherhood in Pilar, Capiz.
2001: Rafael Root Albano III — The aspiring doctor was believed to be killed by members of the Sigma Mu fraternity of medicine students based in the Far Eastern University Laguna campus.
Fernando Balidoy — An 18-year-old probationary midshipman died as he was undergoing initiation conducted by upperclassmen of the Philippine Merchant Marine Academy.
Monico de Guzman — A Philippine Military Academy plebe whose death was attributed to illness by academy officials. His father, however, believes Monico Jr died of the notorious "beat attack" against entrants in boot camp.
Edward Domingo — The 23-year-old Camiling, Tarlac native and Philippine Military cadet reportedly died of cardio-respiratory attack due to injuries he suffered from hard blows to the lower part of the rib cage. Two cadets were convicted for homicide.
2000: Ace Bernabe Ekid — The 21-year-old was said to have died from stroke due to rigorous training exercises at the Philippine Military Academy. His family and friends, however, insisted Ace was a victim of hazing and foul play.
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