GR 209464; (July, 2015) (Digest)
G.R. No. 209464 , July 1, 2015
DANDY L. DUNGO and GREGORIO A. SIBAL, JR., Petitioners, vs. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
Petitioners Dandy L. Dungo and Gregorio A. Sibal, Jr., members of the Alpha Phi Omega (APO) fraternity, were charged with violating Section 4 of Republic Act No. 8049 (the Anti-Hazing Law) in relation to the death of neophyte Marlon Villanueva during an initiation rite on January 14, 2006, at Villa Novaliches Resort in Calamba City. The prosecution presented evidence that on January 13, 2006, a group of more than twenty persons, including petitioners, arrived at the resort. Witnesses testified that Dungo punched Villanueva earlier that day. In the early morning of January 14, Villanueva, appearing weak and cold, was carried by three men to a tricycle and brought to Dr. Jose P. Rizal District Hospital, where he was pronounced dead. Petitioners Dungo and Sibal were identified as the two men who brought Villanueva to the hospital. The autopsy revealed thirty-three external injuries, and the cause of death was subdural hemorrhage due to head injury. Two matchsticks marked “APO” were retrieved from the cadaver. The prosecution established that no written notice of the initiation was given to the UP Los Baños school authorities. The Regional Trial Court found petitioners guilty beyond reasonable doubt and sentenced them to reclusion perpetua. The Court of Appeals affirmed the decision.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of petitioners Dungo and Sibal for violation of Section 4 of R.A. No. 8049 (the Anti-Hazing Law).
RULING
The Supreme Court DENIED the petition and AFFIRMED the decision of the Court of Appeals. The Court held that all elements of hazing under R.A. No. 8049 were proven beyond reasonable doubt: (1) the accused participated in the initiation rites of a fraternity; (2) the accused were present during the hazing; (3) the acts constituting hazing were committed as a prerequisite for admission; and (4) the victim died as a result. The Court found that the initiation was conducted without prior written notice to the school authorities, which is a requirement under the law. The testimonial and physical evidence, including the autopsy report and the matchsticks found on the victim, conclusively established that Villanueva died due to injuries sustained during the fraternity initiation. The defense of denial and alibi was rejected for being weak and uncorroborated. The Court emphasized that the law imposes the penalty of reclusion perpetua when death results from hazing and the initiation was conducted without prior written notice. The penalty was correctly imposed.