Manila court junks motion to dismiss Castillo hazing case

A MANILA court has rejected a motion to dismiss a case against 10 members of a fraternity allegedly involved in the death of University of Santo Tomas law student Horacio “Atio” Castillo III in 2017.

In a 12-page decision dated Feb.24, the Manila Regional Trial Court Branch 11 ruled that the fraternity members did not present the necessary evidence to prove that Mr. Castillo did not die from the alleged hazing. 

“The prosecution having established that Horacio died of hazing and that all the accused were present during the commission of the crime, it is now incumbent upon the accused to adduce evidence to controvert that of the prosecution or that they prevented the commission of the crime of hazing,” reads part of the ruling penned by Acting Presiding Judge Shirley L. Magsipoc-Pagalilauan. 

The members of the fraternity filed a demurrer to evidence to dismiss the case, citing that the prosecution failed to prove beyond reasonable doubt that Mr. Castillo’s death resulted from his injuries sustained from the alleged hazing.  

A demurrer to evidence asserts that the evidence presented by the opposing party is insufficient. 

The group of fraternity officials cited testimonies of medical doctors who said that the victim’s heart was “grossly enlarged,” which could have caused his death. 

The court, however, asserted: “Still even if the victim is suffering from an internal ailment, liver or heart disease, or tuberculosis, if the blow delivered by the accused is the efficient cause of death; accelerated his death; or is the proximate cause of death; then there is criminal liability.” 

Mr. Castillo was declared dead on arrival at the Chinese General Hospital, after participating in the fraternity’s initiation rites. 

The accused are facing charges for violating the Anti-Hazing Law of 1995. — John Victor D. Ordonez