February 1, 2012
FACTS:
In February 1991, seven freshmen law students (including Leonardo "Lenny" Villa) of the Ateneo de Manila University School of Law signified their intention to join the Aquila Legis Juris Fraternity (Aquila Fraternity).
On the night of February 8, 1991, the neophytes were "briefed" and brought to the Almeda Compound in Caloocan City for the commencement of their initiation. The rites were scheduled to last for three days.
The neophytes were subjected to traditional forms of Aquilan "initiation rites." These rites included:
1. Indian Run – which required the neophytes to run a gauntlet of two parallel rows of Aquilans, each row delivering blows to the neophytes;
2. Bicol Express – which obliged the neophytes to sit on the floor with their backs against the wall and their legs outstretched while the Aquilans walked, jumped, or ran over their legs;
3. Rounds – in which the neophytes were held at the back of their pants by the "auxiliaries" (the Aquilans charged with the duty of lending assistance to neophytes during initiation rites), while the latter were being hit with fist blows on their arms or with knee blows on their thighs by two Aquilans; and
4. Auxies’ Privilege Round – in which the auxiliaries were given the opportunity to inflict physical pain on the neophytes.
They survived their first day of initiation.
On the morning of their second day, the neophytes were made to present comic plays, play rough basketball, and recite the Aquila Fraternity’s principles. Whenever they would give a wrong answer, they would be hit on their arms or legs. Late in the afternoon, the Aquilans revived the initiation rites proper and proceeded to torment them physically and psychologically. The neophytes were subjected to the same manner of hazing that they endured on the first day of initiation.
After a while, accused alumni fraternity members Fidelito Dizon (Dizon) and Artemio Villareal (Villareal) demanded that the rites be reopened. The head of initiation rites, Nelson Victorino (Victorino), initially refused. Upon the insistence of Dizon and Villareal, however, he reopened the initiation rites. The fraternity members, including Dizon and Villareal, then subjected the neophytes to "paddling" and to additional rounds of physical pain.
Lenny received several paddle blows. After their last session of physical beatings, Lenny could no longer walk that he had to be carried to the carport. The initiation for the day was officially ended. They then slept at the carport.
After an hour of sleep, the neophytes were suddenly roused by Lenny’s shivering and incoherent mumblings. Initially, Villareal and Dizon dismissed these rumblings, as they thought he was just overacting. When they realized, though, that Lenny was really feeling cold, some of the Aquilans started helping him. They removed his clothes and helped him through a sleeping bag to keep him warm. When his condition worsened, the Aquilans rushed him to the hospital. Lenny was pronounced dead on arrival.
Consequently, a criminal case for homicide was filed against the 35 Aquilans.
The trial court rendered judgment holding the 26 accused guilty beyond reasonable doubt of the crime of homicide. The criminal case against the remaining nine accused commenced anew.
The CA set aside the finding of conspiracy by the trial court and modified the criminal liability of each of the accused according to individual participation. One accused had by then passed away, so the following Decision applied only to the remaining 25 accused:
1. Nineteen of the accused-appellants were acquitted, as their individual guilt was not established by proof beyond reasonable doubt.
2. Four of the accused-appellants were found guilty of the crime of slight physical injuries.
3. Two of the accused-appellants – Fidelito Dizon and Artemio Villareal – were found guilty beyond reasonable doubt of the crime of homicide under Article 249 of the Revised Penal Code.
ISSUES:
1) Whether or not the CA committed grave abuse of discretion, amounting to lack or excess of jurisdiction, when it set aside the finding of conspiracy by the trial court and adjudicated the liability of each accused according to individual participation (NO)
2) Whether or not the CA committed grave abuse of discretion when it pronounced Tecson, Ama, Almeda, and Bantug guilty only of slight physical injuries (YES)
3) Whether or not accused Dizon is guilty of homicide (NO)
HELD:
1) NO. Grave abuse of discretion cannot be attributed to a court simply because it allegedly misappreciated the facts and the evidence. Mere errors of judgment are correctible by an appeal or a petition for review under Rule 45 of the Rules of Court, and not by an application for a writ of certiorari. Pursuant to the rule on double jeopardy, the Court is constrained to deny the Petition contra Victorino et al. – the 19 acquitted fraternity members.
A verdict of acquittal is immediately final and a re-examination of the merits of such acquittal, even in the appellate courts, will put the accused in jeopardy for the same offense.
2) YES. The CA committed grave abuse of discretion amounting to lack or excess of jurisdiction in finding Tecson, Ama, Almeda, and Bantug criminally liable for slight physical injuries.
Article 4(1) of the Revised Penal Code dictates that the perpetrator shall be liable for the consequences of an act, even if its result is different from that intended. Thus, once a person is found to have committed an initial felonious act, such as the unlawful infliction of physical injuries that results in the death of the victim, courts are required to automatically apply the legal framework governing the destruction of life. This rule is mandatory, and not subject to discretion. The accused cannot be held criminally liable for physical injuries when actual death occurs.
Attributing criminal liability solely to Villareal and Dizon – as if only their acts, in and of themselves, caused the death of Lenny Villa – is contrary to the CA’s own findings. From proof that the death of the victim was the cumulative effect of the multiple injuries he suffered, the only logical conclusion is that criminal responsibility should redound to all those who have been proven to have directly participated in the infliction of physical injuries on Lenny.
3) NO. The Court cannot sustain the CA in finding the accused Dizon guilty of homicide under Article 249 of the Revised Penal Code on the basis of the existence of intent to kill. Animus interficendi cannot and should not be inferred unless there is proof beyond reasonable doubt of such intent. Instead, the Court adopts and reinstates the finding of the trial court in part, insofar as it ruled that none of the fraternity members had the specific intent to kill Lenny Villa.
*The above case digest is only a guide. I highly recommend that you read the FULL TEXT.
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