Two more members of the Aegis Juris fraternity have sought for the dismissal of the criminal charges filed against them in connection with the fatal hazing of University of Santo Tomas law freshman Horacio Castillo III last Sept. 17.
Fratmen Alex Bose and Nathan Anarna showed up before the Department of Justice and submitted their counter-affidavits on charges of murder, hazing and obstruction of justice.
According to them, the complaint filed by the Manila Police District and Castillo’s parents Horacio II and Carminia against them should be dismissed for lack of probable cause.
“I did not participate in any manner in the alleged planning, initiation rites, hazing, coverup, meetings, char messages, robbery and/or other purported criminal activities against the person or property of the late Atio Castillo,” Bose said, in his 26-page answer.
“I was not at the alleged place of incident during the alleged final stages of the initiation of Atio, specifically when the late Atio Castillo was allegedly paddled and subsequently died,” he added.
Anarna made a similar denial and also claimed that he was not present in the frat library when the alleged hazing took place.
“I did not and cannot inflict any physical harm against Atio as I was nowhere near UST from Sept. 11 to 17, 2017. Specifically, at the night the alleged crime was committed until the next morning, I never went near the alleged place of incident but was in our house in Silang, Cavite,” he said.
Fraternity president Arvin Balag, master initiator Axel Hipe and other key respondents, including John Paul Solano and Ralph Trangia, have already filed their respective answers to the investigating panel chaired by Assistant State Prosecutor Susan Villanueva in previous hearings.
Most of them claimed that Castillo died not of injuries from hazing but rather due to his pre-existing hypertrophic cardiomyopathy condition.
Balag went as far as claiming there was no proof showing that Castillo underwent hazing in their library.
One of the respondents and fraternity members, Marc Anthony Ventura had already turned state witness and submitted a tell-all affidavit to the DoJ tagging 23 of his frat brothers in the fatal hazing of Castillo.
However, Bose argued that Ventura’s statement cannot be given weight as it was not submitted before the panel and therefore should be considered as “double hearsay.”
“Respondent Ventura’s alleged extrajudicial confession is inadmissible in evidence against his co-respondents on the basis of the res inter alios acta doctrine (law doctrine which holds that a contract cannot adversely affect the rights of one who is not a party to the contract),” he argued.
UST law dean Nilo Divina, also a member of the fraternity who was named respondent in the complaint filed by Castillo’s parents, also denied any liability in Castillo’s death. He argued that he cannot be held liable as accomplice of fraternity members involved in the fatal hazing simply because he was not aware of it and only learned of Castillo’s death after the initiation rites.
The rest of the 42 respondents in the charges were given until today (Friday) to submit their counter-affidavits.
The panel has set the next hearing on Nov. 9 for submission of reply by complainants.