Hazing Case

PEOPLE versus LTSG. DOMINADOR BAYABOS, G.R. No.
171222, February 18,2015,

SERENO,CJ:
DOCTRINE:
Section 14, Article III of the Constitution, recognizes the right of the accused to be
informed of the nature and cause of the accusation against them. As a manifestation of this
constitutional right, the Rules of Court requires that the information charging persons with an
offense be sufficient. One of the key components of a sufficient information is the statement
of the acts or omissions constituting the offense charged, subject of the complaint. The
information must also be crafted in a language ordinary and concise enough to enable persons of
common understanding to know the offense being charged against them. This approach is
intended to allow them to suitably prepare for their defense, as they are presumed to have no
independent knowledge of the facts constituting the offense they have purportedly committed.
The information need not be in the same kind of language used in the law relied upon.
In assessing whether an information must be quashed on that ground, the basic test is to
determine if the facts averred would establish the presence of the essential elements of the crime
as defined in the law. The information is examined without consideration of the truth or veracity
of the claims therein, as these are more properly proven or controverted during the trial. In the
appraisal
of
the
information,
matters aliunde are
not
taken
into
account.
FACTS:Fernando C. Balidoy, Jr. (Balidoy) was admitted as a probationary midshipman at the
PMMA. In order to reach active status, all new entrants were required to successfully complete
the mandatory Indoctrination and Orientation Period, which was set from 2 May to 1 June
2001. Balidoy died on 3 May 2001. Finding probable cause, criminal case against Alvarez et
al. was then filed with the Regional Trial Court of Iba, Zambales as principals to the frime of
hazing. The Assistant Provincial Prosecutor also endorsed to the Deputy Ombudsman for the
Military the finding of probable cause to charge the following school authorities as accomplices
to hazing: Rear Admiral (RADM) Virginio R. Aris (Aris), Lieutenant Senior Grade (LTSG.)
Dominador D. Bayabos (Bayabos) among on of them. The Office of the Special Prosecutor
eventually filed with the Sandiganbayan a criminal case charging respondents as accomplices to
the crime of hazing.
Meanwhile, the RTCZambales issued an Order dismissing the Information against
the principalaccused, Alvarez et al. Bayabos, Ferrer, Magsino, Doctor, and Operio (collectively,
Bayabos et al.) filed a Motion to Quash the Information. They argued that the Information did
not contain all the essential elements of the offense. They also pointed out that there was no
allegation that the purported act had been made a prerequisite for admission to the PMMA,
especially considering that the victim had already been accepted in the academy. Moreover, they
stressed that there was no averment in the Information that the PMMA was a fraternity, a
sorority, or an organization. Also underscored was the absence in the Information of any
assertion that the alleged hazing was not part of the physical, mental, and psychological testing
and training procedure and practices to determine and enhance the physical, mental and
psychological fitness of prospective regular members. Furthermore, they emphasized that there
was no allegation that they were given prior written notice of the hazing and that they had
permitted the activity. As a final point, Bayabos et al. argued that the case against the principal
accused had already been dismissed with finality by the RTC. There being no more principals
with whom they could have cooperated in the execution of the offense, they asserted that the case
against them must be dismissed.Sandiganbayan did dismiss the cse against them stressing that
before there can be an accomplice, there must be a principal by direct participation, the latter
being the originator of the criminal design. As there were no principal perpetrators to speak of,
necessarily, there was no one else with whom they could have cooperated in the execution of the
crime of hazing. In view of the dismissal of the case against the principals, the the Information
charging Bayabos et al. as accomplices could no longer stand on its own.To this, the the Office
of the Ombudsman, through the Special Prosecutor, filed with this Court on 13 March 2006 a
Petitionassailing
the
resolution.
ISSUES:
I.
Whether the prosecution of respondents for the crime of accomplice to hazing can
proceed in spite of the dismissal with finality of the case against the principal accused
II.
Whether the Information filed against respondents contains all the material averments for
the prosecution of the crime of accomplice to hazing under the Anti-Hazing Law
RULING:
With regard to the first issue, It is a settled rule that the case against those charged as
accomplices is not ipso facto dismissed in the absence of trial of the purported principals; the
dismissal of the case against the latter; or even the latters acquittal, especially when the
occurrence of the crime has in fact been established. In People v. Rafael, the Supreme Court En
Banc reasoned thus: The corresponding responsibilities of the principal, accomplice, and
accessory are distinct from each other. As long as the commission of the offense can be duly
established in evidence, the determination of the liability of the accomplice or accessory can
proceed independently of that of the principal. Accordingly, so long as the commission of the
crime can be duly proven, the trial of those charged as accomplices to determine their criminal
liability can proceed independently of that of the alleged principal.
Nonetheless, we affirm the quashal of the Information against respondents.

Section 14, Article III of the Constitution, recognizes the right of the accused to be informed of
the nature and cause of the accusation against them. As a manifestation of this constitutional
right, the Rules of Court requires that the information charging persons with an offense be
sufficient.
We quote the pertinent provision of the Anti-Hazing Law:
Section 1. Hazing, as used in this Act, is an initiation rite or practice as aprerequisite
for admission into membership in a fraternity, sorority or organizationby placing the recruit,
neophyte or applicant in some embarrassing or humiliating situations such as forcing him to
do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to
physical
or
psychological
suffering
or
injury.
The Information does not include all the material facts constituting the crime
of accomplice to hazing. There is no allegation that the purported acts were employed as a
prerequisite for admission or entry into the organization. Failure to aver this crucial ingredient
would prevent the successful prosecution of the criminal responsibility of the accused, either as
principal or as accomplice, for the crime of hazing. Plain reference to a technical term in this
case, hazing is insufficient and incomplete, as it is but a characterization of the acts allegedly
committed
and
thus
a
mere
conclusion
of
law.
WHEREFORE, the petition for review on certiorari in G.R. No. 171222 is
hereby DENIED and the petition for certiorari in G.R. No. 174786, DISMISSED. The
dismissal of the case in Sandiganbayan Resolutions dated 27 January 2006 and 3 August 2006 in
Criminal
Case
No.
28339
are
thusAFFIRMED.

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PEOPLE versus LTSG. DOMINADOR BAYABOS, G.R. No.

171222, February 18,2015,

Nonetheless, we affirm the quashal of the Information against respondents.

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