REPUBLIC ACT NO.

8049

AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN

FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES
THEREFOR

Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or organization by 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 term "organization" shall include any club or the Armed Forces of the Philippines,
Philippine National Police, Philippine Military Academy, or officer and cadet corp of the
Citizen's Military Training and Citizen's Army Training. 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 of the Armed
Forces of the Philippines and the Philippine National Police as approved ny the Secretary of
National Defense and the National Police Commission duly recommended by the Chief of
Staff, Armed Forces of the Philippines and the Director General of the Philippine National
Police shall not be considered as hazing for the purposes of this Act.

Sec. 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or

organization shall be allowed without prior written notice to the school authorities or head
of organization seven (7) days before the conduct of such initiation. The written notice shall
indicate the period of the initiation activities which shall not exceed three (3) days, shall
include the names of those to be subjected to such activities, and shall further contain an
undertaking that no physical violence be employed by anybody during such initiation
rites.

Sec. 3. The head of the school or organization or their representatives must assign at least
two (2) representatives of the school or organization, as the case may be, to be present
during the initiation. It is the duty of such representative to see to it that no physical harm
of any kind shall be inflicted upon a recruit, neophyte or applicant.

Sec. 4. If the person subjected to hazing or other forms of initiation rites suffers any
physical injury or dies as a result thereof, the officers and members of the fraternity,
sorority or organization who actually participated in the infliction of physical harm shall be
liable as principals. The person or persons who participated in the hazing shall suffer:

1. The penalty of reclusion perpetua (life imprisonment) if death, rape, sodomy or mutilation
results there from.

2. The penalty of reclusion temporal in its maximum period (17 years, 4 months and 1 day
to 20 years) if in consequence of the hazing the victim shall become insane, imbecile,
impotent or blind.
3. The penalty of reclusion temporal in its medium period (14 years, 8 months and one day
to 17 years and 4 months) if in consequence of the hazing the victim shall have lost the use
of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm
or a leg or shall have lost the use of any such member shall have become incapacitated for
the activity or work in which he was habitually engaged.

4. The penalty of reclusion temporal in its minimum period (12 years and one day to 14
years and 8 months) if in consequence of the hazing the victim shall become deformed or
shall have lost any other part of his body, or shall have lost the use thereof, or shall have
been ill or incapacitated for the performance on the activity or work in which he was
habitually engaged for a period of more than ninety (90) days.

5. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if
in consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged for a period of
more than thirty (30) days.

6. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged for a period of ten
(10) days or more, or that the injury sustained shall require medical assistance for the
same period.

7. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in
consequence of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually engaged from one (1) to
nine (9) days, or that the injury sustained shall require medical assistance for the same
period.

8. The penalty of prison correccional in its maximum period (4 years, 2 months and one day
to 6 years) if in consequence of the hazing the victim sustained physical injuries which do
not prevent him from engaging in his habitual activity or work nor require medical
attendance.

The responsible officials of the school or of the police, military or citizen's army training
organization, may impose the appropriate administrative sanctions on the person or the
persons charged under this provision even before their conviction. The maximum penalty
herein provided shall be imposed in any of the following instances:

(a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on
the person of the recruit who refuses to join;

(b) when the recruit, neophyte or applicant initially consents to join but upon learning that
hazing will be committed on his person, is prevented from quitting;

(c) when the recruit, neophyte or applicant having undergone hazing is prevented from
reporting the unlawful act to his parents or guardians, to the proper school authorities, or
to the police authorities, through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or institution; or

(e) when the victim is below twelve (12) years of age at the time of the hazing.

The owner of the place where hazing is conducted shall be liable as an accomplice, when he
has actual knowledge of the hazing conducted therein but failed to take any action to
prevent the same from occurring. If the hazing is held in the home of one of the officers or
members of the fraternity, group, or organization, the parents shall be held liable as
principals when they have actual knowledge of the hazing conducted therein but failed to
take any action to prevent the same from occurring.

The school authorities including faculty members who consent to the hazing or who have
actual knowledge thereof, but failed to take any action to prevent the same from occurring
shall be punished as accomplices for the acts of hazing committed by the perpetrators.

The officers, former officers, or alumni of the organization, group, fraternity or sorority who
actually planned the hazing although not present when the acts constituting the hazing
were committed shall be liable as principals. A fraternity or sorority's adviser who is present
when the acts constituting the hazing were committed and failed to take action to prevent
the same from occurring shall be liable as principal.

The presence of any person during the hazing is prima facie evidence of participation
therein as principal unless he prevented the commission of the acts punishable herein.

Any person charged under this provision shall not be entitled to the mitigating
circumstance that there was no intention to commit so grave a wrong.

This section shall apply to the president, manager, director or other responsible officer of a
corporation engaged in hazing as a requirement for employment in the manner provided
herein.

Sec. 5. If any provision or part of this Act is declared invalid or unconstitutional, the other
parts or provisions thereof shall remain valid and effective.

Sec. 6. All laws, orders, rules or regulations which are inconsistent with or contrary to the
provisions of this Act are hereby amended or repealed accordingly.

Sec. 7. This Act shall take effect fifteen (15) calendar days after its publication in at least
two (2) national newspapers of general circulation.
 VILLAREAL v. PEOPLE (February 1, 2012)

DECISION

SERENO, J.:

The public outrage over the death of Leonardo Lenny Villa the victim in this case on 10 February
1991 led to a very strong clamor to put an end to hazing.[1] Due in large part to the brave efforts of
his mother, petitioner Gerarda Villa, groups were organized, condemning his senseless and tragic
death. This widespread condemnation prompted Congress to enact a special law, which became
effective in 1995, that would criminalize hazing.[2] The intent of the law was to discourage
members from making hazing a requirement for joining their sorority, fraternity, organization, or
association.[3] Moreover, the law was meant to counteract the exculpatory implications of consent
and initial innocent act in the conduct of initiation rites by making the mere act of hazing
punishable or mala prohibita.[4]

Sadly, the Lenny Villa tragedy did not discourage hazing activities in the country. [5] Within a year of
his death, six more cases of hazing-related deaths emerged those of Frederick Cahiyang of the
University of Visayas in Cebu; Raul Camaligan of San Beda College; Felipe Narne of Pamantasan ng
Araullo in Cabanatuan City; Dennis Cenedoza of the Cavite Naval Training Center; Joselito Mangga
of the Philippine Merchant Marine Institute; and Joselito Hernandez of the University of the
Philippines in Baguio City.[6]

Although courts must not remain indifferent to public sentiments, in this case the general
condemnation of a hazing-related death, they are still bound to observe a fundamental principle in
our criminal justice system [N]o act constitutes a crime unless it is made so by law.[7] Nullum
crimen, nulla poena sine lege. Even if an act is viewed by a large section of the populace as immoral
or injurious, it cannot be considered a crime, absent any law prohibiting its commission. As
interpreters of the law, judges are called upon to set aside emotion, to resist being swayed by strong
public sentiments, and to rule strictly based on the elements of the offense and the facts allowed in
evidence.

Before the Court are the consolidated cases docketed as G.R. No. 151258 (Villareal v. People), G.R.
No. 154954 (People v. Court of Appeals), G.R. No. 155101 (Dizon v. People), and G.R. Nos. 178057
and 178080 (Villa v. Escalona).

FACTS

The pertinent facts, as determined by the Court of Appeals (CA)[8] and the trial court,[9] are as
follows:

In February 1991, seven freshmen law students of the Ateneo de Manila University School of Law
signified their intention to join the Aquila Legis Juris Fraternity (Aquila Fraternity). They were
Caesar Bogs Asuncion, Samuel Sam Belleza, Bienvenido Bien Marquez III, Roberto Francis Bert
Navera, Geronimo Randy Recinto, Felix Sy, Jr., and Leonardo Lenny Villa (neophytes).

On the night of 8 February 1991, the neophytes were met by some members of the Aquila Fraternity
(Aquilans) at the lobby of the Ateneo Law School. They all proceeded to Rufos Restaurant to have
dinner. Afterwards, they went to the house of Michael Musngi, also an Aquilan, who briefed the
neophytes on what to expect during the initiation rites. The latter were informed that there would
be physical beatings, and that they could quit at any time. Their initiation rites were scheduled to
last for three days. After their briefing, they were brought to the Almeda Compound in Caloocan
City for the commencement of their initiation.

Even before the neophytes got off the van, they had already received threats and insults from the
Aquilans. As soon as the neophytes alighted from the van and walked towards the pelota court of
the Almeda compound, some of the Aquilans delivered physical blows to them. The neophytes were
then subjected to traditional forms of Aquilan initiation rites. These rites included the Indian Run,
which required the neophytes to run a gauntlet of two parallel rows of Aquilans, each row delivering
blows to the neophytes; the 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; the 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 the Auxies Privilege Round, in which the auxiliaries were given the
opportunity to inflict physical pain on the neophytes. During this time, the neophytes were also
indoctrinated with the fraternity principles. They survived their first day of initiation.

On the morning of their second day 9 February 1991 the neophytes were made to present comic
plays and to play rough basketball. They were also required to memorize and recite the Aquila
Fraternitys 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 few hours, the initiation for the day
officially ended.

After a while, accused non-resident or alumni fraternity members[10] 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, one of which was so strong it sent him sprawling to the ground. The neophytes heard him
complaining of intense pain and difficulty in breathing. After their last session of physical beatings,
Lenny could no longer walk. He had to be carried by the auxiliaries to the carport. Again, the
initiation for the day was officially ended, and the neophytes started eating dinner. They then slept
at the carport.

After an hour of sleep, the neophytes were suddenly roused by Lennys 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 following 35 Aquilans:

In Criminal Case No. C-38340(91) 3. Efren de Leon (De Leon)

1. Fidelito Dizon (Dizon) 4. Vincent Tecson (Tecson)

2. Artemio Villareal (Villareal) 5. Junel Anthony Ama (Ama)

6. Antonio Mariano Almeda (Almeda) 22. Vicente Verdadero (Verdadero)

7. Renato Bantug, Jr. (Bantug) 23. Amante Purisima II (Purisima)

8. Nelson Victorino (Victorino) 24. Jude Fernandez (J. Fernandez)

9. Eulogio Sabban (Sabban) 25. Adel Abas (Abas)

10. Joseph Lledo (Lledo) 26. Percival Brigola (Brigola)

11. Etienne Guerrero (Guerrero) In Criminal Case No. C-38340

12. Michael Musngi (Musngi) 1. Manuel Escalona II (Escalona)

13. Jonas Karl Perez (Perez) 2. Crisanto Saruca, Jr. (Saruca)

14. Paul Angelo Santos (Santos) 3. Anselmo Adriano (Adriano)

15. Ronan de Guzman (De Guzman) 4. Marcus Joel Ramos (Ramos)

16. Antonio General (General) 5. Reynaldo Concepcion (Concepcion)

17. Jaime Maria Flores II (Flores) 6. Florentino Ampil (Ampil)

18. Dalmacio Lim, Jr. (Lim) 7. Enrico de Vera III (De Vera)

19. Ernesto Jose Montecillo (Montecillo) 8. Stanley Fernandez (S. Fernandez)

20. Santiago Ranada III (Ranada) 9. Noel Cabangon (Cabangon)

21. Zosimo Mendoza (Mendoza)

Twenty-six of the accused Aquilans in Criminal Case No. C-38340(91) were jointly tried.[11] On the
other hand, the trial against the remaining nine accused in Criminal Case No. C-38340 was held in
abeyance due to certain matters that had to be resolved first.[12]

On 8 November 1993, the trial court rendered judgment in Criminal Case No. C-38340(91), holding
the 26 accused guilty beyond reasonable doubt of the crime of homicide, penalized with reclusion
temporal under Article 249 of the Revised Penal Code.[13] A few weeks after the trial court rendered
its judgment, or on 29 November 1993, Criminal Case No. C-38340 against the remaining nine
accused commenced anew.[14]

On 10 January 2002, the CA in (CA-G.R. No. 15520)[15] set aside the finding of conspiracy by the
trial court in Criminal Case No. C-38340(91) and modified the criminal liability of each of the
accused according to individual participation. Accused De Leon had by then passed away, so the
following Decision applied only to the remaining 25 accused, viz:

1. Nineteen of the accused-appellants Victorino, Sabban, Lledo, Guerrero, Musngi, Perez,

De Guzman, Santos, General, Flores, Lim, Montecillo, Ranada, Mendoza, Verdadero, Purisima,
Fernandez, Abas, and Brigola (Victorino et al.) were acquitted, as their individual guilt was not
established by proof beyond reasonable doubt.

2. Four of the accused-appellants Vincent Tecson, Junel Anthony Ama, Antonio Mariano
Almeda, and Renato Bantug, Jr. (Tecson et al.) were found guilty of the crime of slight physical
injuries and sentenced to 20 days of arresto menor. They were also ordered to jointly pay the heirs
of the victim the sum of ₱30,000 as indemnity.

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.
Having found no mitigating or aggravating circumstance, the CA sentenced them to an
indeterminate sentence of 10 years of prision mayor to 17 years of reclusion temporal. They were
also ordered to indemnify, jointly and severally, the heirs of Lenny Villa in the sum of ₱50,000 and
to pay the additional amount of ₱1,000,000 by way of moral damages.

On 5 August 2002, the trial court in Criminal Case No. 38340 dismissed the charge against
accused Concepcion on the ground of violation of his right to speedy trial.[16] Meanwhile, on different
dates between the years 2003 and 2005, the trial court denied the respective Motions to Dismiss of
accusedEscalona, Ramos, Saruca, and Adriano.[17] On 25 October 2006, the CA in CA-G.R. SP Nos.
89060 & 90153[18] reversed the trial courts Orders and dismissed the criminal case against
Escalona, Ramos, Saruca, and Adriano on the basis of violation of their right to speedy trial. [19]

From the aforementioned Decisions, the five (5) consolidated Petitions were individually brought
before this Court.

G.R. No. 151258 Villareal v. People

The instant case refers to accused Villareals Petition for Review on Certiorari under Rule 45. The
Petition raises two reversible errors allegedly committed by the CA in its Decision dated 10 January
2002 in CA-G.R. No. 15520 first, denial of due process; and, second, conviction absent proof
beyond reasonable doubt.[20]

While the Petition was pending before this Court, counsel for petitioner Villareal filed a Notice of
Death of Party on 10 August 2011. According to the Notice, petitioner Villareal died on 13 March
2011. Counsel thus asserts that the subject matter of the Petition previously filed by petitioner does
not survive the death of the accused.

G.R. No. 155101 Dizon v. People

Accused Dizon filed a Rule 45 Petition for Review on Certiorari, questioning the CAs Decision dated
10 January 2002 and Resolution dated 30 August 2002 in CA-G.R. No. 15520.[21] Petitioner sets
forth two main issues first, that he was denied due process when the CA sustained the trial courts
forfeiture of his right to present evidence; and, second, that he was deprived of due process when
the CA did not apply to him the same ratio decidendi that served as basis of acquittal of the other
accused.[22]

As regards the first issue, the trial court made a ruling, which forfeited Dizons right to present
evidence during trial. The trial court expected Dizon to present evidence on an earlier date since a
co-accused, Antonio General, no longer presented separate evidence during trial. According to
Dizon, his right should not have been considered as waived because he was justified in asking for a
postponement. He argues that he did not ask for a resetting of any of the hearing dates and in fact
insisted that he was ready to present
evidence on the original pre-assigned schedule, and not on an earlier hearing date.
Regarding the second issue, petitioner contends that he should have likewise been acquitted, like
the other accused, since his acts were also part of the traditional initiation rites and were not
tainted by evil motives.[23] He claims that the additional paddling session was part of the official
activity of the fraternity. He also points out that one of the neophytes admitted that the chairperson
of the initiation rites decided that [Lenny] was fit enough to undergo the initiation so Mr. Villareal
proceeded to do the paddling.[24] Further, petitioner echoes the argument of the Solicitor General
that the individual blows inflicted by Dizon and Villareal could not have resulted in Lennys
death.[25] The Solicitor General purportedly averred that, on the contrary, Dr. Arizala testified that
the injuries suffered by Lenny could not be considered fatal if taken individually, but if taken
collectively, the result is the violent death of the victim.[26]

Petitioner then counters the finding of the CA that he was motivated by ill will. He claims that
Lennys father could not have stolen the parking space of Dizons father, since the latter did not have
a car, and their fathers did not work in the same place or office. Revenge for the loss of the parking
space was the alleged ill motive of Dizon. According to petitioner, his utterances regarding a stolen
parking space were only part of the psychological initiation. He then cites the testimony of Lennys
co-neophyte witness Marquez who admitted knowing it was not true and that he was just making it
up.[27]

Further, petitioner argues that his alleged motivation of ill will was negated by his show of concern
for Villa after the initiation rites. Dizon alludes to the testimony of one of the neophytes, who
mentioned that the former had kicked the leg of the neophyte and told him to switch places with
Lenny to prevent the latters chills. When the chills did not stop, Dizon, together with Victorino,
helped Lenny through a sleeping bag and made him sit on a chair. According to petitioner, his
alleged ill motivation is contradicted by his manifestation of compassion and concern for the victims
well-being.

G.R. No. 154954 People v. Court of Appeals

This Petition for Certiorari under Rule 65 seeks the reversal of the CAs Decision dated 10 January
2002 and Resolution dated 30 August 2002 in CA-G.R. No. 15520, insofar as it acquitted 19
(Victorino et al.) and convicted 4 (Tecson et al.) of the accused Aquilans of the lesser crime of slight
physical injuries.[28]According to the Solicitor General, the CA erred in holding that there could have
been no conspiracy to commit hazing, as hazing or fraternity initiation had not yet been
criminalized at the time Lenny died.

In the alternative, petitioner claims that the ruling of the trial court should have been upheld,
inasmuch as it found that there was conspiracy to inflict physical injuries on Lenny. Since the
injuries led to the victims death, petitioner posits that the accused Aquilans are criminally liable for
the resulting crime of homicide, pursuant to Article 4 of the Revised Penal Code.[29] The said article
provides: Criminal liability shall be incurred [b]y any person committing a felony (delito) although
the wrongful act done be different from that which he intended.

Petitioner also argues that the rule on double jeopardy is inapplicable. According to the Solicitor
General, the CA acted with grave abuse of discretion, amounting to lack or excess of jurisdiction, in
setting aside the trial courts finding of conspiracy and in ruling that the criminal liability of
all the accused must be based on their individual participation in the commission of the crime.

G.R. Nos. 178057 and 178080 Villa v. Escalona

Petitioner Villa filed the instant Petition for Review on Certiorari, praying for the reversal of the CAs
Decision dated 25 October 2006 and Resolution dated 17 May 2007 in CA-G.R. S.P. Nos. 89060 and
90153.[30] The Petition involves the dismissal of the criminal charge filed against Escalona, Ramos,
Saruca, and Adriano.

Due to several pending incidents, the trial court ordered a separate trial for accused Escalona,
Saruca, Adriano, Ramos, Ampil, Concepcion, De Vera, S. Fernandez, and Cabangon (Criminal Case
No. C-38340) to commence after proceedings against the 26 other accused in Criminal Case No. C-
38340(91) shall have terminated. On 8 November 1993, the trial court found the 26 accused guilty
beyond reasonable doubt. As a result, the proceedings in Criminal Case No. C-38340 involving the
nine other co-accused recommenced on 29 November 1993. For various reasons, the initial trial of
the case did not commence until 28 March 2005, or almost 12 years after the arraignment of the
nine accused.

Petitioner Villa assails the CAs dismissal of the criminal case involving 4 of the 9 accused,
namely, Escalona, Ramos, Saruca, and Adriano. She argues that the accused failed to assert their
right to speedy trial within a reasonable period of time. She also points out that the prosecution
cannot be faulted for the delay, as the original records and the required evidence were not at its
disposal, but were still in the appellate court.

We resolve herein the various issues that we group into five.

ISSUES

1. Whether the forfeiture of petitioner Dizons right to present evidence constitutes denial of due
process;

2. Whether the CA committed grave abuse of discretion, amounting to lack or excess of

jurisdiction when it dismissed the case against Escalona, Ramos, Saruca, and Adriano for violation
of the right of the accused to speedy trial;

3. Whether 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;

4. Whether accused Dizon is guilty of homicide; and

5. Whether the CA committed grave abuse of discretion when it pronounced Tecson, Ama,
Almeda, and Bantug guilty only of slight physical injuries.

DISCUSSION

Resolution on Preliminary Matters

G.R. No. 151258 Villareal v. People

In a Notice dated 26 September 2011 and while the Petition was pending resolution, this Court took
note of counsel for petitioners Notice of Death of Party.

According to Article 89(1) of the Revised Penal Code, criminal liability for personal penalties is
totally extinguished by the death of the convict. In contrast, criminal liability for pecuniary penalties
is extinguished if the offender dies prior to final judgment. The term personal penalties refers to the
service of personal or imprisonment penalties,[31] while the term pecuniary penalties (las
pecuniarias) refers to fines and costs,[32] including civil liability predicated on the criminal offense
complained of (i.e., civil liability ex delicto).[33] However, civil liability based on a source of obligation
other than the delict survives the death of the accused and is recoverable through a separate civil
action.[34]

Thus, we hold that the death of petitioner Villareal extinguished his criminal liability for both
personal and pecuniary penalties, including his civil liability directly arising from
the delict complained of. Consequently, his Petition is hereby dismissed, and the criminal case
against him deemed closed and terminated.

G.R. No. 155101 (Dizon v. People)

In an Order dated 28 July 1993, the trial court set the dates for the reception of evidence for
accused-petitioner Dizon on the 8th, 15th, and 22nd of September; and the 5th and 12 of October
1993.[35] The Order likewise stated that it will not entertain any postponement and that all the
accused who have not yet presented their respective evidence should be ready at all times down the
line, with their evidence on all said dates. Failure on their part to present evidence when required
shall therefore be construed as waiver to present evidence.[36]

However, on 19 August 1993, counsel for another accused manifested in open court that his client
Antonio General would no longer present separate evidence. Instead, the counsel would adopt the
testimonial evidence of the other accused who had already testified.[37] Because of this development
and pursuant to the trial courts Order that the parties should be ready at all times down the line,
the trial court expected Dizon to present evidence on the next trial date 25 August 1993 instead of
his originally assigned dates. The original dates were supposed to start two weeks later, or on 8
September 1993.[38] Counsel for accused Dizon was not able to present evidence on the accelerated
date. To address the situation, counsel filed a Constancia on 25 August 1993, alleging that he had
to appear in a previously scheduled case, and that he would be ready to present evidence on the
dates originally assigned to his clients.[39] The trial court denied the Manifestation on the same date
and treated the Constancia as a motion for postponement, in violation of the three-day-notice rule
under the Rules of Court.[40] Consequently, the trial court ruled that the failure of Dizon to present
evidence amounted to a waiver of that right.[41]

Accused-petitioner Dizon thus argues that he was deprived of due process of law when the trial
court forfeited his right to present evidence. According to him, the postponement of the 25 August
1993 hearing should have been considered justified, since his original pre-assigned trial dates were
not supposed to start until 8 September 1993, when he was scheduled to present evidence. He
posits that he was ready to present evidence on the dates assigned to him. He also points out that
he did not ask for a resetting of any of the said hearing dates; that he in fact insisted on being
allowed to present evidence on the dates fixed by the trial court. Thus, he contends that the trial
court erred in accelerating the schedule of presentation of evidence, thereby invalidating the finding
of his guilt.

The right of the accused to present evidence is guaranteed by no less than the Constitution
itself.[42]Article III, Section 14(2) thereof, provides that in all criminal prosecutions, the
accused shall enjoy the right to be heard by himself and counsel This constitutional right
includes the right to present evidence in ones defense,[43] as well as the right to be present and
defend oneself in person at every stage of the proceedings.[44]
In Crisostomo v. Sandiganbayan,[45] the Sandiganbayan set the hearing of the defenses presentation
of evidence for 21, 22 and 23 June 1995. The 21 June 1995 hearing was cancelled due to lack of
quorum in the regular membership of the Sandiganbayans Second Division and upon the
agreement of the parties. The hearing was reset for the next day, 22 June 1995, but Crisostomo and
his counsel failed to attend. The Sandiganbayan, on the very same day, issued an Order directing
the issuance of a warrant for the arrest of Crisostomo and the confiscation of his surety bond. The
Order further declared that he had waived his right to present evidence because of his
nonappearance at yesterdays and todays scheduled hearings. In ruling against the Order, we held
thus:

Under Section 2(c), Rule 114 and Section 1(c), Rule 115 of the Rules of Court, Crisostomos non-
appearance during the 22 June 1995 trial was merely a waiver of his right to be present for
trial on such date only and not for the succeeding trial dates

xxxxxxxxx

Moreover, Crisostomos absence on the 22 June 1995 hearing should not have been deemed as a
waiver of his right to present evidence. While constitutional rights may be waived, such waiver
must be clear and must be coupled with an actual intention to relinquish the right.
Crisostomo did not voluntarily waive in person or even through his counsel the right to present
evidence. The Sandiganbayan imposed the waiver due to the agreement of the prosecution,
Calingayan, and Calingayan's counsel.

In criminal cases where the imposable penalty may be death, as in the present case, the court is
called upon to see to it that the accused is personally made aware of the consequences of a
waiver of the right to present evidence. In fact, it is not enough that the accused is simply
warned of the consequences of another failure to attend the succeeding hearings. The court
must first explain to the accused personally in clear terms the exact nature and consequences of a
waiver. Crisostomo was not even forewarned. The Sandiganbayan simply went ahead to deprive
Crisostomo of his right to present evidence without even allowing Crisostomo to explain his absence
on the 22 June 1995 hearing.

Clearly, the waiver of the right to present evidence in a criminal case involving a grave
penalty is not assumed and taken lightly. The presence of the accused and his counsel is
indispensable so that the court could personally conduct a searching inquiry into the waiver x x
x.[46] (Emphasis supplied)

The trial court should not have deemed the failure of petitioner to present evidence on 25 August
1993 as a waiver of his right to present evidence. On the contrary, it should have considered the
excuse of counsel justified, especially since counsel for another accused General had made a last-
minute adoption of testimonial evidence that freed up the succeeding trial dates; and since Dizon
was not scheduled to testify until two weeks later. At any rate, the trial court pre-assigned five
hearing dates for the reception of evidence. If it really wanted to impose its Order strictly, the most
it could have done was to forfeit one out of the five days set for Dizons testimonial evidence.
Stripping the accused of all his pre-assigned trial dates constitutes a patent denial of the
constitutionally guaranteed right to due process.

Nevertheless, as in the case of an improvident guilty plea, an invalid waiver of the right to present
evidence and be heard does not per se work to vacate a finding of guilt in the criminal case or to
enforce an automatic remand of the case to the trial court.[47] In People v. Bodoso, we ruled that
where facts have adequately been represented in a criminal case, and no procedural unfairness or
irregularity has prejudiced either the prosecution or the defense as a result of the invalid waiver,
the rule is that a guilty verdict may nevertheless be upheld if the judgment is supported beyond
reasonable doubt by the evidence on record.[48]

We do not see any material inadequacy in the relevant facts on record to resolve the case at bar.
Neither can we see any procedural unfairness or irregularity that would substantially prejudice
either the prosecution or the defense as a result of the invalid waiver. In fact, the arguments set
forth by accused Dizon in his Petition corroborate the material facts relevant to decide the matter.
Instead, what he is really contesting in his Petition is the application of the law to the facts by the
trial court and the CA. Petitioner Dizon admits direct participation in the hazing of Lenny Villa by
alleging in his Petition that all actions of the petitioner were part of the traditional rites, and that
the alleged extension of the initiation rites was not outside the official activity of the fraternity. [49] He
even argues that Dizon did not request for the extension and he participated only after the activity
was sanctioned.[50]

For one reason or another, the case has been passed or turned over from one judge or justice to
another at the trial court, at the CA, and even at the Supreme Court. Remanding the case for the
reception of the evidence of petitioner Dizon would only inflict further injustice on the parties. This
case has been going on for almost two decades. Its resolution is long overdue. Since the key facts
necessary to decide the case have already been determined, we shall proceed to decide it.

G.R. Nos. 178057 and 178080 (Villa v. Escalona)

Petitioner Villa argues that the case against Escalona, Ramos, Saruca, and Adriano should not have
been dismissed, since they failed to assert their right to speedy trial within a reasonable period of
time. She points out that the accused failed to raise a protest during the dormancy of the criminal
case against them, and that they asserted their right only after the trial court had dismissed the
case against their co-accused Concepcion. Petitioner also emphasizes that the trial court denied the
respective Motions to Dismiss filed by Saruca, Escalona, Ramos, and Adriano, because it found that
the prosecution could not be faulted for the delay in the movement of this case when the original
records and the evidence it may require were not at its disposal as these were in the Court of
Appeals.[51]

The right of the accused to a speedy trial has been enshrined in Sections 14(2) and 16, Article III of
the 1987 Constitution.[52] This right requires that there be a trial free from vexatious, capricious or
oppressive delays.[53] The right is deemed violated when the proceeding is attended with unjustified
postponements of trial, or when a long period of time is allowed to elapse without the case being
tried and for no cause or justifiable motive.[54] In determining the right of the accused to speedy
trial, courts should do more than a mathematical computation of the number of postponements of
the scheduled hearings of the case.[55] The conduct of both the prosecution and the defense must be
weighed.[56] Also to be considered are factors such as the length of delay, the assertion or non-
assertion of the right, and the prejudice wrought upon the defendant.[57]

We have consistently ruled in a long line of cases that a dismissal of the case pursuant to the right
of the accused to speedy trial is tantamount to acquittal.[58] As a consequence, an appeal or a
reconsideration of the dismissal would amount to a violation of the principle of double
jeopardy.[59] As we have previously discussed, however, where the dismissal of the case is
capricious, certiorari lies.[60] The rule on double jeopardy is not triggered when a petition challenges
the validity of the order of dismissal instead of the correctness thereof.[61] Rather, grave abuse of
discretion amounts to lack of jurisdiction, and lack of jurisdiction prevents double jeopardy from
attaching.[62]

We do not see grave abuse of discretion in the CAs dismissal of the case against accused Escalona,
Ramos, Saruca, and Adriano on the basis of the violation of their right to speedy trial. The court
held thus:

An examination of the procedural history of this case would reveal that the following factors
contributed to the slow progress of the proceedings in the case below:

xxxxxxxxx

5) The fact that the records of the case were elevated to the Court of Appeals and the prosecutions
failure to comply with the order of the court a quo requiring them to secure certified true copies of
the same.

xxxxxxxxx

While we are prepared to concede that some of the foregoing factors that contributed to the delay of
the trial of the petitioners are justifiable, We nonetheless hold that their right to speedy trial has
been utterly violated in this case x x x.

xxxxxxxxx

[T]he absence of the records in the trial court [was] due to the fact that the records of the case
were elevated to the Court of Appeals, and the prosecutions failure to comply with the order
of the court a quo requiring it to secure certified true copies of the same. What is glaring from
the records is the fact that as early as September 21, 1995, the court a quo already issued an Order
requiring the prosecution, through the Department of Justice, to secure the complete records of the
case from the Court of Appeals. The prosecution did not comply with the said Order as in fact, the
same directive was repeated by the court a quo in an Order dated December 27, 1995. Still, there
was no compliance on the part of the prosecution. It is not stated when such order was complied
with. It appears, however, that even until August 5, 2002, the said records were still not at the
disposal of the trial court because the lack of it was made the basis of the said court in granting
the motion to dismiss filed by co-accused Concepcion x x x.

xxxxxxxxx

It is likewise noticeable that from December 27, 1995, until August 5, 2002, or for a period of
almost seven years, there was no action at all on the part of the court a quo. Except for the
pleadings filed by both the prosecution and the petitioners, the latest of which was on January
29, 1996, followed by petitioner Sarucas motion to set case for trial on August 17, 1998 which the
court did not act upon, the case remained dormant for a considerable length of time. This
prolonged inactivity whatsoever is precisely the kind of delay that the constitution frowns upon x x
x.[63] (Emphasis supplied)

This Court points out that on 10 January 1992, the final amended Information was filed against
Escalona, Ramos, Saruca, Ampil, S. Fernandez, Adriano, Cabangon, Concepcion, and De
Vera.[64] On 29 November 1993, they were all arraigned.[65] Unfortunately, the initial trial of the case
did not commence until 28 March 2005 or almost 12 years after arraignment.[66]
As illustrated in our ruling in Abardo v. Sandiganbayan, the unexplained interval or inactivity of the
Sandiganbayan for close to five years since the arraignment of the accused amounts to an
unreasonable delay in the disposition of cases a clear violation of the right of the accused to a
speedy disposition of cases.[67] Thus, we held:

The delay in this case measures up to the unreasonableness of the delay in the disposition of cases
in Angchangco, Jr. vs. Ombudsman, where the Court found the delay of six years by the
Ombudsman in resolving the criminal complaints to be violative of the constitutionally
guaranteed right to a speedy disposition of cases; similarly, in Roque vs. Office of the
Ombudsman, where the Court held that the delay of almost six years disregarded the
Ombudsman's duty to act promptly on complaints before him; and in Cervantes vs.
Sandiganbayan, where the Court held that the Sandiganbayan gravely abused its discretion in
not quashing the information which was filed six years after the initiatory complaint was
filed and thereby depriving petitioner of his right to a speedy disposition of the case. So it
must be in the instant case, where the reinvestigation by the Ombudsman has dragged on for
a decade already.[68] (Emphasis supplied)

From the foregoing principles, we affirm the ruling of the CA in CA-G.R. SP No. 89060 that accused
Escalona et al.s right to speedy trial was violated. Since there is nothing in the records that would
show that the subject of this Petition includes accused Ampil, S. Fernandez, Cabangon, and De
Vera, the effects of this ruling shall be limited to accused Escalona, Ramos, Saruca, and Adriano.

G.R. No. 154954 (People v. Court of Appeals)

The rule on double jeopardy is one of the pillars of our criminal justice system. It dictates that when
a person is charged with an offense, and the case is terminated either by acquittal or conviction or
in any other manner without the consent of the accused the accused cannot again be charged with
the same or an identical offense.[69] This principle is founded upon the law of reason, justice and
conscience.[70] It is embodied in the civil law maxim non bis in idem found in the common law of
England and undoubtedly in every system of jurisprudence.[71] It found expression in the Spanish
Law, in the Constitution of the United States, and in our own Constitution as one of the
fundamental rights of the citizen,[72] viz:

Article III Bill of Rights

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is
punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to
another prosecution for the same act.

Rule 117, Section 7 of the Rules of Court, which implements this particular constitutional right,
provides as follows:[73]

SEC. 7. Former conviction or acquittal; double jeopardy. When an accused has been convicted or
acquitted, or the case against him dismissed or otherwise terminated without his express consent
by a court of competent jurisdiction, upon a valid complaint or information or other formal charge
sufficient in form and substance to sustain a conviction and after the accused had pleaded to the
charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to
another prosecution for the offense charged, or for any attempt to commit the same or frustration
thereof, or for any offense which necessarily includes or is necessarily included in the offense
charged in the former complaint or information.
The rule on double jeopardy thus prohibits the state from appealing the judgment in order to
reverse the acquittal or to increase the penalty imposed either through a regular appeal under Rule
41 of the Rules of Court or through an appeal by certiorari on pure questions of law under Rule 45
of the same Rules.[74] The requisites for invoking double jeopardy are the following: (a) there is a
valid complaint or information; (b) it is filed before a competent court; (c) the defendant pleaded to
the charge; and (d) the defendant was acquitted or convicted, or the case against him or her was
dismissed or otherwise terminated without the defendants express consent.[75]

As we have reiterated in People v. Court of Appeals and Galicia, [a] verdict of acquittal is immediately
final and a reexamination of the merits of such acquittal, even in the appellate courts, will put the
accused in jeopardy for the same offense. The finality-of-acquittal doctrine has several avowed
purposes. Primarily, it prevents the State from using its criminal processes as an instrument of
harassment to wear out the accused by a multitude of cases with accumulated trials. It also serves
the additional purpose of precluding the State, following an acquittal, from successively retrying the
defendant in the hope of securing a conviction. And finally, it prevents the State, following
conviction, from retrying the defendant again in the hope of securing a greater penalty. [76] We
further stressed that an acquitted defendant is entitled to the right of repose as a direct
consequence of the finality of his acquittal.[77]

This prohibition, however, is not absolute. The state may challenge the lower courts acquittal of the
accused or the imposition of a lower penalty on the latter in the following recognized exceptions: (1)
where the prosecution is deprived of a fair opportunity to prosecute and prove its case, tantamount
to a deprivation of due process;[78] (2) where there is a finding of mistrial;[79] or (3) where there has
been a grave abuse of discretion.[80]

The third instance refers to this Courts judicial power under Rule 65 to determine whether or not
there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the government.[81] Here, the party asking for the review must
show the presence of a whimsical or capricious exercise of judgment equivalent to lack of
jurisdiction; a patent and gross abuse of discretion amounting to an evasion of a positive duty or to
a virtual refusal to perform a duty imposed by law or to act in contemplation of law; an exercise of
power in an arbitrary and despotic manner by reason of passion and hostility;[82] or a blatant abuse
of authority to a point so grave and so severe as to deprive the court of its very power to dispense
justice.[83] In such an event, the accused cannot be considered to be at risk of double jeopardy.[84]

The Solicitor General filed a Rule 65 Petition for Certiorari, which seeks the reversal of (1) the
acquittal of Victorino et al. and (2) the conviction of Tecson et al. for the lesser crime of slight
physical injuries, both on the basis of a misappreciation of facts and evidence. According to the
Petition, the decision of the Court of Appeals is not in accordance with law because private
complainant and petitioner were denied due process of law when the public respondent completely
ignored the a) Position Paper x x x b) the Motion for Partial Reconsideration x x x and c) the
petitioners Comment x x x.[85] Allegedly, the CA ignored evidence when it adopted the theory of
individual responsibility; set aside the finding of conspiracy by the trial court; and failed to apply
Article 4 of the Revised Penal Code.[86] The Solicitor General also assails the finding that the
physical blows were inflicted only by Dizon and Villareal, as well as the appreciation of Lenny Villas
consent to hazing.[87]

In our view, what the Petition seeks is that we reexamine, reassess, and reweigh the probative value
of the evidence presented by the parties.[88] In People v. Maquiling, we held that grave abuse of
discretion cannot be attributed to a court simply because it allegedly misappreciated the facts and
the evidence.[89]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.[90] Therefore,
pursuant to the rule on double jeopardy, we are constrained to deny the Petition contra Victorino et
al. the 19 acquitted fraternity members.

We, however, modify the assailed judgment as regards Tecson, Ama, Almeda, and Bantug the four
fraternity members convicted of slight physical injuries.

Indeed, we have ruled in a line of cases that the rule on double jeopardy similarly applies when the
state seeks the imposition of a higher penalty against the accused.[91] We have also recognized,
however, that certiorari may be used to correct an abusive judgment upon a clear demonstration
that the lower court blatantly abused its authority to a point so grave as to deprive it of its very
power to dispense justice.[92]The present case is one of those instances of grave abuse of discretion.

In imposing the penalty of slight physical injuries on Tecson, Ama, Almeda, and Bantug, the CA
reasoned thus:

Based on the medical findings, it would appear that with the exclusion of the fatal wounds
inflicted by the accused Dizon and Villareal, the injuries sustained by the victim as a result of
the physical punishment heaped on him were serious in nature. However, by reason of the
death of the victim, there can be no precise means to determine the duration of the
incapacity or the medical attendance required. To do so, at this stage would be merely
speculative. In a prosecution for this crime where the category of the offense and the severity of the
penalty depend on the period of illness or incapacity for labor, the length of this period must
likewise be proved beyond reasonable doubt in much the same manner as the same act charged
[People v. Codilla, CA-G.R. No. 4079-R, June 26, 1950]. And when proof of the said period is
absent, the crime committed should be deemed only as slight physical injuries [People v. De
los Santos, CA, 59 O.G. 4393, citing People v. Penesa, 81 Phil. 398]. As such, this Court is
constrained to rule that the injuries inflicted by the appellants, Tecson, Ama, Almeda and Bantug,
Jr., are only slight and not serious, in nature.[93](Emphasis supplied and citations included)

The appellate court relied on our ruling in People v. Penesa[94] in finding that the four accused
should be held guilty only of slight physical injuries. According to the CA, because of the death of
the victim, there can be no precise means to determine the duration of the incapacity or medical
attendance required.[95] The reliance on Penesa was utterly misplaced. A review of that case would
reveal that the accused therein was guilty merely of slight physical injuries, because the victims
injuries neither caused incapacity for labor nor required medical attendance.[96] Furthermore, he did
not die.[97] His injuries were not even serious.[98] Since Penesa involved a case in which the victim
allegedly suffered physical injuries and not death, the ruling cited by the CA was patently
inapplicable.

On the contrary, the CAs ultimate conclusion that Tecson, Ama, Almeda, and Bantug were liable
merely for slight physical injuries grossly contradicts its own findings of fact. According to the
court, the four accused were found to have inflicted more than the usual
punishment undertaken during such initiation rites on the person of Villa.[99] It then adopted the
NBI medico-legal officers findings that the antecedent cause of Lenny Villas death was the multiple
traumatic injuries he suffered from the initiation rites.[100] Considering that the CA found that
the physical punishment heaped on [Lenny Villa was] serious in nature,[101] it was patently
erroneous for the court to limit the criminal liability to slight physical injuries, which is a light
felony.
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 CAs application of the legal framework governing physical injuries punished under Articles 262
to 266 for intentional felonies and Article 365 for culpable felonies is therefore tantamount to a
whimsical, capricious, and abusive exercise of judgment amounting to lack of
jurisdiction. According to the Revised Penal Code, the mandatory and legally imposable penalty in
case the victim dies should be based on the framework governing the destruction of the life of a
person, punished under Articles 246 to 261 for intentional felonies and Article 365 for culpable
felonies, and not under the aforementioned provisions. We emphasize that these two types of
felonies are distinct from and legally inconsistent with each other, in that the accused cannot be
held criminally liable for physical injuries when actual death occurs. [102]

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 CAs own findings. From proof that the death of
the victim was the cumulative effect of the multiple injuries he suffered,[103] 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. The accumulation of bruising on
his body caused him to suffer cardiac arrest. Accordingly, we find that 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. As an allowable exception to the rule on double
jeopardy, we therefore give due course to the Petition in G.R. No. 154954.

Resolution on Ultimate Findings

According to the trial court, although hazing was not (at the time) punishable as a crime, the
intentional infliction of physical injuries on Villa was nonetheless a felonious act under Articles 263
to 266 of the Revised Penal Code. Thus, in ruling against the accused, the court a quo found that
pursuant to Article 4(1) of the Revised Penal Code, the accused fraternity members were guilty of
homicide, as it was the direct, natural and logical consequence of the physical injuries they had
intentionally inflicted.[104]

The CA modified the trial courts finding of criminal liability. It ruled that there could have been no
conspiracy since the neophytes, including Lenny Villa, had knowingly consented to the conduct of
hazing during their initiation rites. The accused fraternity members, therefore, were liable only for
the consequences of their individual acts. Accordingly, 19 of the accused Victorino et al. were
acquitted; 4 of them Tecson et al. were found guilty of slight physical injuries; and the remaining 2
Dizon and Villareal were found guilty of homicide.

The issue at hand does not concern a typical criminal case wherein the perpetrator clearly commits
a felony in order to take revenge upon, to gain advantage over, to harm maliciously, or to get even
with, the victim. Rather, the case involves an ex ante situation in which a man driven by his own
desire to join a society of men pledged to go through physically and psychologically strenuous
admission rituals, just so he could enter the fraternity. Thus, in order to understand how our
criminal laws apply to such situation absent the Anti-Hazing Law, we deem it necessary to make a
brief exposition on the underlying concepts shaping intentional felonies, as well as on the nature of
physical and psychological initiations widely known as hazing.
Intentional Felony and Conspiracy

Our Revised Penal Code belongs to the classical school of thought.[105] The classical theory posits
that a human person is essentially a moral creature with an absolute free will to choose between
good and evil.[106] It asserts that one should only be adjudged or held accountable for wrongful acts
so long as free will appears unimpaired.[107] The basic postulate of the classical penal system is that
humans are rational and calculating beings who guide their actions with reference to the principles
of pleasure and pain.[108]They refrain from criminal acts if threatened with punishment sufficient to
cancel the hope of possible gain or advantage in committing the crime.[109] Here, criminal liability is
thus based on the free will and moral blame of the actor.[110] The identity of mens rea defined as a
guilty mind, a guilty or wrongful purpose or criminal intent is the predominant
consideration.[111] Thus, it is not enough to do what the law prohibits.[112] In order for an intentional
felony to exist, it is necessary that the act be committed by means of dolo or malice.[113]

The term dolo or malice is a complex idea involving the elements of freedom, intelligence,
and intent.[114] The first element, freedom, refers to an act done with deliberation and with power to
choose between two things.[115] The second element, intelligence, concerns the ability to determine
the morality of human acts, as well as the capacity to distinguish between a licit and an illicit
act.[116] The last element, intent, involves an aim or a determination to do a certain act.[117]

The element of intent on which this Court shall focus is described as the state of mind
accompanying an act, especially a forbidden act.[118] It refers to the purpose of the mind and the
resolve with which a person proceeds.[119] It does not refer to mere will, for the latter pertains to the
act, while intent concerns the result of the act.[120] While motive is the moving power that impels one
to action for a definite result, intent is the purpose of using a particular means to produce the
result.[121] On the other hand, the term felonious means, inter alia, malicious, villainous, and/or
proceeding from an evil heart or purpose.[122]With these elements taken together, the requirement of
intent in intentional felony must refer to malicious intent, which is a vicious and malevolent state of
mind accompanying a forbidden act. Stated otherwise, intentional felony requires the existence
of dolus malus that the act or omission be done willfully, maliciously, with deliberate evil intent, and
with malice aforethought.[123] The maxim is actus non facit reum, nisi mens sit rea a crime is not
committed if the mind of the person performing the act complained of is innocent.[124] As is required
of the other elements of a felony, the existence of malicious intent must be proven beyond
reasonable doubt.[125]

In turn, the existence of malicious intent is necessary in order for conspiracy to attach. Article 8 of
the Revised Penal Code which provides that conspiracy exists when two or more persons come to
an agreement concerning the commission of a felony and decide to commit it is to be interpreted
to refer only to felonies committed by means of dolo or malice. The phrase coming to an agreement
connotes the existence of a prefaced intent to cause injury to another, an element present only in
intentional felonies. In culpable felonies or criminal negligence, the injury inflicted on another is
unintentional, the wrong done being simply the result of an act performed without malice or
criminal design.[126] Here, a person performs an initial lawful deed; however, due to negligence,
imprudence, lack of foresight, or lack of skill, the deed results in a wrongful act. [127] Verily, a
deliberate intent to do an unlawful act, which is a requisite in conspiracy, is inconsistent with the
idea of a felony committed by means of culpa.[128]

The presence of an initial malicious intent to commit a felony is thus a vital ingredient in
establishing the commission of the intentional felony of homicide. [129] Being mala in se, the felony of
homicide requires the existence of malice or dolo[130] immediately before or simultaneously with the
infliction of injuries.[131] Intent to kill or animus interficendi cannot and should not be inferred,
unless there is proof beyond reasonable doubt of such intent.[132] Furthermore, the victims death
must not have been the product of accident, natural cause, or suicide.[133] If death resulted from an
act executed without malice or criminal intent but with lack of foresight, carelessness, or negligence
the act must be qualified as reckless or simple negligence or imprudence resulting in homicide. [134]

Hazing and other forms of initiation rites

The notion of hazing is not a recent development in our society.[135] It is said that, throughout
history, hazing in some form or another has been associated with organizations ranging from
military groups to indigenous tribes.[136] Some say that elements of hazing can be traced back to the
Middle Ages, during which new students who enrolled in European universities worked as servants
for upperclassmen.[137] It is believed that the concept of hazing is rooted in ancient Greece,[138] where
young men recruited into the military were tested with pain or challenged to demonstrate the limits
of their loyalty and to prepare the recruits for battle.[139] Modern fraternities and sororities espouse
some connection to these values of ancient Greek civilization.[140] According to a scholar, this
concept lends historical legitimacy to a tradition or ritual whereby prospective members are asked
to prove their worthiness and loyalty to the organization in which they seek to attain membership
through hazing.[141]

Thus, it is said that in the Greek fraternity system, custom requires a student wishing to join an
organization to receive an invitation in order to be a neophyte for a particular chapter. [142] The
neophyte period is usually one to two semesters long.[143] During the program, neophytes are
required to interview and to get to know the active members of the chapter; to learn chapter history;
to understand the principles of the organization; to maintain a specified grade point average; to
participate in the organizations activities; and to show dignity and respect for their fellow
neophytes, the organization, and its active and alumni members.[144] Some chapters require the
initiation activities for a recruit to involve hazing acts during the entire neophyte stage.[145]

Hazing, as commonly understood, involves an initiation rite or ritual that serves as prerequisite for
admission to an organization.[146] In hazing, the recruit, pledge, neophyte, initiate, applicant or any
other term by which the organization may refer to such a person is generally placed in
embarrassing or humiliating situations, like being forced to do menial, silly, foolish, or other similar
tasks or activities.[147] It encompasses different forms of conduct that humiliate, degrade, abuse, or
physically endanger those who desire membership in the organization.[148] These acts usually
involve physical or psychological suffering or injury.[149]

The concept of initiation rites in the country is nothing new. In fact, more than a century ago, our
national hero Andres Bonifacio organized a secret society named Kataastaasan Kagalanggalangang
Katipunan ng mga Anak ng Bayan (The Highest and Most Venerable Association of the Sons and
Daughters of the Nation).[150] The Katipunan, or KKK, started as a small confraternity believed to be
inspired by European Freemasonry, as well as by confraternities or sodalities approved by the
Catholic Church.[151]The Katipunans ideology was brought home to each member through the
societys initiation ritual.[152] It is said that initiates were brought to a dark room, lit by a single point
of illumination, and were asked a series of
questions to determine their fitness, loyalty, courage, and resolve.[153] They were made to go through
vigorous trials such as pagsuot sa isang lungga or [pagtalon] sa balon.[154] It would seem that they
were also made to withstand the blow of pangherong bakal sa pisngi and to endure a matalas na
punyal.[155] As a final step in the ritual, the neophyte Katipunero was made to sign membership
papers with the his own blood.[156]
It is believed that the Greek fraternity system was transported by the Americans to the Philippines
in the late 19th century. As can be seen in the following instances, the manner of hazing in the
United States was jarringly similar to that inflicted by the Aquila Fraternity on Lenny Villa.

Early in 1865, upperclassmen at West Point Academy forced the fourth classmen to do exhausting
physical exercises that sometimes resulted in permanent physical damage; to eat or drink
unpalatable foods; and in various ways to humiliate themselves.[157] In 1901, General Douglas
MacArthur got involved in a congressional investigation of hazing at the academy during his second
year at West Point.[158]

In Easler v. Hejaz Temple of Greenville, decided in 1985, the candidate-victim was injured during
the shriners hazing event, which was part of the initiation ceremonies for Hejaz
membership.[159] The ritual involved what was known as the mattress-rotating barrel trick.[160] It
required each candidate to slide down an eight to nine-foot-high metal board onto connected
mattresses leading to a barrel, over which the candidate was required to climb.[161] Members of
Hejaz would stand on each side of the mattresses and barrel and fun-paddle candidates en route to
the barrel.[162]

In a video footage taken in 1991, U.S. Marine paratroopers in Camp Lejeune, North Carolina, were
seen performing a ceremony in which they pinned paratrooper jump wings directly onto the
neophyte paratroopers chests.[163] The victims were shown writhing and crying out in pain as others
pounded the spiked medals through the shirts and into the chests of the victims.[164]

In State v. Allen, decided in 1995, the Southeast Missouri State University chapter of Kappa Alpha
Psi invited male students to enter into a pledgeship program.[165] The fraternity members subjected
the pledges to repeated physical abuse including repeated, open-hand strikes at the nape, the
chest, and the back; caning of the bare soles of the feet and buttocks; blows to the back with the
use of a heavy book and a cookie sheet while the pledges were on their hands and knees; various
kicks and punches to the body; and body slamming, an activity in which active members of the
fraternity lifted pledges up in the air and dropped them to the ground.[166] The fraternity members
then put the pledges through a seven-station circle of physical abuse.[167]

In Ex Parte Barran, decided in 1998, the pledge-victim went through hazing by fraternity members
of the Kappa Alpha Order at the Auburn University in Alabama.[168] The hazing included the
following: (1) having to dig a ditch and jump into it after it had been filled with water, urine, feces,
dinner leftovers, and vomit; (2) receiving paddlings on the buttocks; (3) being pushed and kicked,
often onto walls or into pits and trash cans; (4) eating foods like peppers, hot sauce, butter, and
yerks (a mixture of hot sauce, mayonnaise, butter, beans, and other items); (5) doing chores for the
fraternity and its members, such as cleaning the fraternity house and yard, being designated as
driver, and running errands; (6) appearing regularly at 2 a.m. meetings, during which the pledges
would be hazed for a couple of hours; and (7) running the gauntlet, during which the pledges were
pushed, kicked, and hit as they ran down a hallway and descended down a flight of stairs.[169]

In Lloyd v. Alpha Phi Alpha Fraternity, decided in 1999, the victim Sylvester Lloyd was accepted to
pledge at the Cornell University chapter of the Alpha Phi Alpha Fraternity.[170] He participated in
initiation activities, which included various forms of physical beatings and torture, psychological
coercion and embarrassment.[171]

In Kenner v. Kappa Alpha Psi Fraternity, decided in 2002, the initiate-victim suffered injuries from
hazing activities during the fraternitys initiation rites.[172] Kenner and the other initiates went
through psychological and physical hazing, including being paddled on the buttocks for more than
200 times.[173]

In Morton v. State, Marcus Jones a university student in Florida sought initiation into the campus
chapter of the Kappa Alpha Psi Fraternity during the 2005-06 academic year.[174] The pledges efforts
to join the fraternity culminated in a series of initiation rituals conducted in four nights. Jones,
together with other candidates, was blindfolded, verbally harassed, and caned on his face and
buttocks.[175] In these rituals described as preliminaries, which lasted for two evenings, he received
approximately 60 canings on his buttocks.[176] During the last two days of the hazing, the rituals
intensified.[177] The pledges sustained roughly 210 cane strikes during the four-night
initiation.[178] Jones and several other candidates passed out.[179]

The purported raison dtre behind hazing practices is the proverbial birth by fire, through which the
pledge who has successfully withstood the hazing proves his or her worth.[180] Some organizations
even believe that hazing is the path to enlightenment. It is said that this process enables the
organization to establish unity among the pledges and, hence, reinforces and ensures the future of
the organization.[181]Alleged benefits of joining include leadership opportunities; improved academic
performance; higher self-esteem; professional networking opportunities; and the esprit
dcorp associated with close, almost filial, friendship and common cause.[182]

Anti-Hazing laws in the U.S.

The first hazing statute in the U.S. appeared in 1874 in response to hazing in the military.[183] The
hazing of recruits and plebes in the armed services was so prevalent that Congress prohibited all
forms of military hazing, harmful or not.[184] It was not until 1901 that Illinois passed the first state
anti-hazing law, criminalizing conduct whereby any one sustains an injury to his [or her] person
therefrom.[185]

However, it was not until the 1980s and 1990s, due in large part to the efforts of the Committee to
Halt Useless College Killings and other similar organizations, that states increasingly began to enact
legislation prohibiting and/or criminalizing hazing.[186] As of 2008, all but six states had enacted
criminal or civil statutes proscribing hazing.[187] Most anti-hazing laws in the U.S. treat hazing as a
misdemeanor and carry relatively light consequences for even the most severe situations.[188] Only a
few states with anti-hazing laws consider hazing as a felony in case death or great bodily harm
occurs.[189]

Under the laws of Illinois, hazing is a Class A misdemeanor, except hazing that results in death or
great bodily harm, which is a Class 4 felony.[190] In a Class 4 felony, a sentence of imprisonment
shall be for a term of not less than one year and not more than three years.[191] Indiana criminal law
provides that a person who recklessly, knowingly, or intentionally
performs hazing that results in serious bodily injury to a person commits criminal recklessness, a
Class D felony.[192]

The offense becomes a Class C felony if committed by means of a deadly weapon.[193] As an element
of a Class C felony criminal recklessness resulting in serious bodily injury, death falls under the
category of serious bodily injury.[194] A person who commits a Class C felony is imprisoned for a
fixed term of between two (2) and eight (8) years, with the advisory sentence being four (4)
years.[195] Pursuant to Missouri law, hazing is a Class A misdemeanor, unless the act creates a
substantial risk to the life of the student or prospective member, in which case it becomes a Class C
felony.[196] A Class C felony provides for an imprisonment term not to exceed seven years.[197]
In Texas, hazing that causes the death of another is a state jail felony. [198] An individual adjudged
guilty of a state jail felony is punished by confinement in a state jail for any term of not more than
two years or not less than 180 days.[199] Under Utah law, if hazing results in serious bodily injury,
the hazer is guilty of a third-degree felony.[200] A person who has been convicted of a third-degree
felony may be sentenced to imprisonment for a term not to exceed five years.[201] West Virginia law
provides that if the act of hazing would otherwise be deemed a felony, the hazer may be found guilty
thereof and subject to penalties provided therefor.[202] In Wisconsin, a person is guilty of a Class G
felony if hazing results in the death of another.[203] A
Class G felony carries a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or
both.[204]

In certain states in the U.S., victims of hazing were left with limited remedies, as there was no
hazing statute.[205] This situation was exemplified in Ballou v. Sigma Nu General Fraternity, wherein
Barry Ballous family resorted to a civil action for wrongful death, since there was no anti-hazing
statute in South Carolina until 1994.[206]

The existence of animus interficendi or intent to kill not proven beyond reasonable doubt

The presence of an ex ante situation in this case, fraternity initiation rites does not automatically
amount to the absence of malicious intent or dolus malus. If it is proven beyond reasonable doubt
that the perpetrators were equipped with a guilty mind whether or not there is a contextual
background or factual premise they are still criminally liable for intentional felony.

The trial court, the CA, and the Solicitor General are all in agreement that with the exception of
Villareal and Dizon accused Tecson, Ama, Almeda, and Bantug did not have the animus
interficendi or intent to kill Lenny Villa or the other neophytes. We shall no longer disturb this
finding.

As regards Villareal and Dizon, the CA modified the Decision of the trial court and found that the
two accused had the animus interficendi or intent to kill Lenny Villa, not merely to inflict physical
injuries on him. It justified its finding of homicide against Dizon by holding that he had apparently
been motivated by ill will while beating up Villa. Dizon kept repeating that his fathers parking space
had been stolen by the victims father.[207] As to Villareal, the court said that the accused suspected
the family of Bienvenido Marquez, one of the neophytes, to have had a hand in the death of
Villareals brother.[208] The CA then ruled as follows:

The two had their own axes to grind against Villa and Marquez. It was very clear that they acted
with evil and criminal intent. The evidence on this matter is unrebutted and so for the death of
Villa, appellants Dizonand Villareal must and should face the consequence of their acts, that
is, to be held liable for the crime of homicide.[209] (Emphasis supplied)

We cannot subscribe to this conclusion.

The appellate court relied mainly on the testimony of Bienvenido Marquez to determine the
existence of animus interficendi. For a full appreciation of the context in which the supposed
utterances were made, the Court deems it necessary to reproduce the relevant portions of witness
Marquezs testimony:

Witness We were brought up into [Michael Musngis] room and we were briefed as to what to expect
during the next three days and we were told the members of the fraternity and their batch and we
were also told about the fraternity song, sir.
xxxxxxxxx

Witness We were escorted out of [Michael Musngis] house and we were made to ride a van and we
were brought to another place in Kalookan City which I later found to be the place of Mariano
Almeda, sir.

xxxxxxxxx

Witness Upon arrival, we were instructed to bow our head down and to link our arms and then the
driver of the van and other members of the Aquilans who were inside left us inside the van, sir.

xxxxxxxxx

Witness We heard voices shouted outside the van to the effect, Villa akin ka, Asuncion Patay
ka and the people outside pound the van, rock the van, sir.

Atty. Tadiar Will you please recall in what tone of voice and how strong a voice these remarks
uttered upon your arrival?

Witness Some were almost shouting, you could feel the sense of excitement in their voices, sir.

xxxxxxxxx

Atty. Tadiar During all these times that the van was being rocked through and through, what were
the voices or utterances that you heard?

Witness Villa akin ka, Asuncion patay ka, Recinto patay ka sa amin, etc., sir.

Atty. Tadiar And those utterances and threats, how long did they continue during the rocking of the
van which lasted for 5 minutes?

xxxxxxxxx

Witness Even after they rocked the van, we still kept on hearing voices, sir.

xxxxxxxxx

Atty. Tadiar During the time that this rounds [of physical beating] were being inflicted, was there
any utterances by anybody?

Witness Yes sir. Some were piercing, some were discouraging, and some were encouraging
others who were pounding and beating us, it was just like a fiesta atmosphere, actually some
of them enjoyed looking us being pounded, sir.

Atty. Tadiar Do you recall what were those voices that you heard?

Witness One particular utterance always said was, they asked us whether matigas pa yan, kayang-
kaya pa niyan.

Atty. Tadiar Do you know who in particular uttered those particular words that you quote?

Witness I cannot particularly point to because there were utterances simultaneously, I could not
really pin point who uttered those words, sir.

xxxxxxxxx
Atty. Tadiar Were there any utterances that you heard during the conduct of this Bicol Express?

Witness Yes, sir I heard utterances.

Atty. Tadiar Will you please recall to this Honorable Court what were the utterances that you
remember?

Witness For example, one person particularly Boyet Dizon stepped on my thigh, he would say
that and I quote ito, yung pamilya nito ay pinapatay yung kapatid ko, so that would in turn
sort of justifying him in inflicting more serious pain on me. So instead of just walking, he would
jump on my thighs and then after on was Lenny Villa. He was saying to the effect that this guy,
his father stole the parking space of my father, sir. So, thats why he inflicted more pain on Villa
and that went on, sir.

Atty. Tadiar And you were referring to which particular accused?

Witness Boyet Dizon, sir.

Atty. Tadiar When Boyet Dizon at that particular time was accusing you of having your family have
his brother killed, what was your response?

Witness Of course, I knew sir that it was not true and that he was just making it up sir. So he
said that I knew nothing of that incident. However, he just in fact after the Bicol Express, he kept
on uttering those words/statements so that it would in turn justify him and to give me harder
blows, sir.

xxxxxxxxx

Atty. Tadiar You mentioned about Dizon in particular mentioning that Lenny Villas father
stole the parking space allotted for his father, do you recall who were within hearing distance
when that utterance was made?

Witness Yes, sir. All of the neophytes heard that utterance, sir.

xxxxxxxxx

Witness There were different times made this accusation so there were different people who heard
from time to time, sir.

xxxxxxxxx

Atty. Tadiar Can you tell the Honorable Court when was the next accusation against Lenny Villas
father was made?

Witness When we were line up against the wall, Boyet Dizon came near to us and when Lenny
Villas turn, I heard him uttered those statements, sir.

Atty. Tadiar What happened after he made this accusation to Lenny Villas father?

Witness He continued to inflict blows on Lenny Villa.

Atty. Tadiar How were those blows inflicted?

Witness There were slaps and he knelt on Lenny Villas thighs and sometime he stand up and he
kicked his thighs and sometimes jumped at it, sir.

xxxxxxxxx

Atty. Tadiar We would go on to the second day but not right now. You mentioned also
that accusations made by Dizon you or your family had his brother killed, can you inform this
Honorable Court what exactly were the accusations that were charged against you while
inflicting blows upon you in particular?

Witness While he was inflicting blows upon me, he told me in particular if I knew that his family
who had his brother killed, and he said that his brother was an NPA, sir so I knew that it was just
a story that he made up and I said that I knew nothing about it and he continued inflicting
blows on me, sir. And another incident was when a talk was being given, Dizon was on another
part of the pelota court and I was sort of looking and we saw that he was drinking beer, and he said
and I quote: Marquez, Marquez, ano ang tinitingin-tingin mo diyan, ikaw yung pamilya mo ang
nagpapatay sa aking kapatid, yari ka sa akin, sir.

Atty. Tadiar What else?

Witness Thats all, sir.

Atty. Tadiar And on that first night of February 8, 1991, did ever a doctor or a physician came
around as promised to you earlier?

Witness No, sir.[210] (Emphasis supplied)

On cross-examination, witness Bienvenido Marquez testified thus:

Judge Purisima When you testified on direct examination Mr. Marquez, have you stated that there
was a briefing that was conducted immediately before your initiation as regards to what to expect
during the initiation, did I hear you right?

Witness Yes, sir.

Judge Purisima Who did the briefing?

Witness Mr. Michael Musngi, sir and Nelson Victorino.

Judge Purisima Will you kindly tell the Honorable Court what they told you to expect during the
initiation?

Witness They told us at the time we would be brought to a particular place, we would be mocked
at, sir.

Judge Purisima So, you expected to be mocked at, ridiculed, humiliated etc., and the likes?

Witness Yes, sir.

Judge Purisima You were also told beforehand that there would be physical contact?

Witness Yes, sir at the briefing.

xxxxxxxxx
Witness Yes, sir, because they informed that we could immediately go back to school. All the
bruises would be limited to our arms and legs, sir. So, if we wear the regular school uniforms like
long sleeves, it would be covered actually so we have no thinking that our face would be slapped,
sir.

Judge Purisima So, you mean to say that beforehand that you would have bruises on your body
but that will be covered?

Witness Yes, sir.

JudgePurisima So, what kind of physical contact or implements that you expect that would create
bruises to your body?

Witness At that point I am already sure that there would be hitting by a paddling or paddle, sir.

xxxxxxxxx

Judge Purisima Now, will you admit Mr. Marquez that much of the initiation procedures is
psychological in nature?

Witness Combination, sir.[211] (Emphasis supplied)

xxxxxxxxx

Atty. Jimenez The initiation that was conducted did not consist only of physical initiation, meaning
body contact, is that correct?

Witness Yes, sir.

Atty. Jimenez Part of the initiation was the so-called psychological initiation, correct?

Witness Yes, sir.

Atty. Jimenez And this consisted of making you believe of things calculated to terrify you,
scare you, correct?

Witness Yes, sir.

Atty. Jimenez In other words, the initiating masters made belief situation intended to, I repeat,
terrify you, frighten you, scare you into perhaps quitting the initiation, is this correct?

Witness Sometimes sir, yes.

Atty. Jimenez You said on direct that while Mr. Dizon was initiating you, he said or he was
supposed to have said according to you that your family were responsible for the killing of his
brother who was an NPA, do you remember saying that?

Witness Yes, sir.

Atty. Jimenez You also said in connection with that statement said to you by Dizon that you did
not believe him because that is not true, correct?

Witness Yes, sir.

 Atty. Jimenez In other words, he was only psychologizing you perhaps, the purpose as I have
mentioned before, terrifying you, scaring you or frightening you into quitting the initiation,
this is correct?

Witness No, sir, perhaps it is one but the main reason, I think, why he was saying those
things was because he wanted to inflict injury.

Atty. Jimenez He did not tell that to you. That is your only perception, correct?

Witness No, sir, because at one point, while he was telling this to Villareal, he was hitting me.

Atty. Jimenez But did you not say earlier that you [were] subjected to the same forms of initiation
by all the initiating masters? You said that earlier, right?

Witness Yes, sir.

Atty. Jimenez Are you saying also that the others who jumped on you or kicked you said something
similar as was told to you by Mr. Dizon?

Witness No, sir.

Atty. Jimenez But the fact remains that in the Bicol Express for instance, the masters would run
on your thighs, right?

Witness Yes, sir.

Atty. Jimenez This was the regular procedure that was followed by the initiating masters not only
on you but also on the other neophytes?

Witness Yes, sir.

Atty. Jimenez In other words, it is fair to say that whatever forms of initiation was
administered by one master, was also administered by one master on a neophyte, was also
administered by another master on the other neophyte, this is correct?

Witness Yes, sir.[212] (Emphasis supplied)

According to the Solicitor General himself, the ill motives attributed by the CA to Dizon and Villareal
were baseless,[213] since the statements of the accused were just part of the psychological initiation
calculated to instill fear on the part of the neophytes; that [t]here is no element of truth in it as
testified by Bienvenido Marquez; and that the harsh words uttered by Petitioner and Villareal are
part of tradition concurred and accepted by all the fraternity members during their initiation
rites.[214]

We agree with the Solicitor General.

The foregoing testimony of witness Marquez reveals a glaring mistake of substantial proportion on
the part of the CA it mistook the utterances of Dizon for those of Villareal. Such inaccuracy cannot
be tolerated, especially because it was the CAs primary basis for finding that Villarreal had the
intent to kill Lenny Villa, thereby making Villareal guilty of the intentional felony of homicide. To
repeat, according to Bienvenido Marquezs testimony, as reproduced above, it was Dizon who
uttered both accusations against Villa and Marquez; Villareal had no participation whatsoever in
the specific threats referred to by the CA. It was Boyet Dizon [who] stepped on [Marquezs] thigh;
and who told witness Marquez, [I]to, yung pamilya nito ay pinapatay yung kapatid ko. It was also
Dizon who jumped on Villas thighs while saying, [T]his guy, his father stole the parking space of my
father. With the testimony clarified, we find that the CA had no basis for concluding the existence of
intent to kill based solely thereon.

As to the existence of animus interficendi on the part of Dizon, we refer to the entire factual milieu
and contextual premise of the incident to fully appreciate and understand the testimony of witness
Marquez. At the outset, the neophytes were briefed that they would be subjected to psychological
pressure in order to scare them. They knew that they would be mocked, ridiculed, and intimidated.
They heard fraternity members shout, Patay ka, Recinto, Yari ka, Recinto, Villa, akin ka,
Asuncion, gulpi ka, Putang ina mo, Asuncion, Putang ina nyo, patay kayo sa amin, or some other
words to that effect.[215] While beating the neophytes, Dizon accused Marquez of the death of the
formers purported NPA brother, and then blamed Lenny Villas father for stealing the parking space
of Dizons father. According to the Solicitor General, these statements, including those of the
accused Dizon, were all part of the psychological initiation employed by the Aquila Fraternity. [216]

Thus, to our understanding, accused Dizons way of inflicting psychological pressure was through
hurling make-believe accusations at the initiates. He concocted the fictitious stories, so that he
could justify giving the neophytes harder blows, all in the context of fraternity initiation and role
playing. Even one of the neophytes admitted that the accusations were untrue and made-up.

The infliction of psychological pressure is not unusual in the conduct of hazing. In fact, during the
Senate deliberations on the then proposed Anti-Hazing Law, former Senator Lina spoke as follows:

Senator Lina. -- so as to capture the intent that we conveyed during the period of interpellations on
why we included the phrase or psychological pain and suffering.

xxxxxxxxx

So that if no direct physical harm is inflicted upon the neophyte or the recruit but the recruit or
neophyte is made to undergo certain acts which I already described yesterday, like playing the
Russian roulette extensively to test the readiness and the willingness of the neophyte or
recruit to continue his desire to be a member of the fraternity, sorority or similar
organization or playing and putting a noose on the neck of the neophyte or recruit, making the
recruit or neophyte stand on the ledge of the fourth floor of the building facing outside, asking him
to jump outside after making him turn around several times but the reality is that he will be made
to jump towards the inside portion of the building these are the mental or psychological tests
that are resorted to by these organizations, sororities or fraternities. The doctors who
appeared during the public hearing testified that such acts can result in some mental aberration,
that they can even lead to psychosis, neurosis or insanity. This is what we want to
prevent.[217] (Emphasis supplied)

Thus, without proof beyond reasonable doubt, Dizons behavior must not be automatically viewed as
evidence of a genuine, evil motivation to kill Lenny Villa. Rather, it must be taken within the context
of the fraternitys psychological initiation. This Court points out that it was not even established
whether the fathers of Dizon and Villa really had any familiarity with each other as would lend
credence to the veracity of Dizons threats. The testimony of Lennys co-neophyte, Marquez, only
confirmed this view. According to Marquez, he knew it was not true and that [Dizon] was just
making it up.[218] Even the trial court did not give weight to the utterances of Dizon as constituting
intent to kill: [T]he cumulative acts of all the accused were not directed toward killing Villa, but
merely to inflict physical harm as part of the fraternity initiation rites x x x. [219] The Solicitor General
shares the same view.

Verily, we 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.[220] Instead, we adopt and reinstate 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.[221]

The existence of animus iniuriandi or malicious intent to injure not proven beyond
reasonable doubt

The Solicitor General argues, instead, that there was an intent to inflict physical injuries on Lenny
Villa. Echoing the Decision of the trial court, the Solicitor General then posits that since all of the
accused fraternity members conspired to inflict physical injuries on Lenny Villa and death ensued,
all of them should be liable for the crime of homicide pursuant to Article 4(1) of the Revised Penal
Code.

In order to be found guilty of any of the felonious acts under Articles 262 to 266 of the Revised
Penal Code,[222] the employment of physical injuries must be coupled with dolus malus. As an act
that is mala in se, the existence of malicious intent is fundamental, since injury arises from the
mental state of the wrongdoer iniuria ex affectu facientis consistat. If there is no criminal intent, the
accused cannot be found guilty of an intentional felony. Thus, in case of physical injuries under the
Revised Penal Code, there must be a specific animus iniuriandi or malicious intention to do wrong
against the physical integrity or well-being of a person, so as to incapacitate and deprive the victim
of certain bodily functions. Without proof beyond reasonable doubt of the required animus
iniuriandi, the overt act of inflicting physical injuries per semerely satisfies the elements of freedom
and intelligence in an intentional felony. The commission of the act does not, in itself, make a man
guilty unless his intentions are.[223]

Thus, we have ruled in a number of instances[224] that the mere infliction of physical injuries, absent
malicious intent, does not make a person automatically liable for an intentional felony. In Bagajo v.
People,[225] the accused teacher, using a bamboo stick, whipped one of her students behind her legs
and thighs as a form of discipline. The student suffered lesions and bruises from the corporal
punishment. In reversing the trial courts finding of criminal liability for slight physical injuries, this
Court stated thus: Independently of any civil or administrative responsibility [w]e are persuaded
that she did not do what she had done with criminal intent the means she actually used was
moderate and that she was not motivated by ill-will, hatred or any malevolent intent. Considering
the applicable laws, we then ruled that as a matter of law, petitioner did not incur any criminal
liability for her act of whipping her pupil. In People v. Carmen,[226] the accused members of the
religious group known as the Missionaries of Our Lady of Fatima under the guise of a ritual or
treatment plunged the head of the victim into a barrel of water, banged his head against a bench,
pounded his chest with fists, and stabbed him on the side with a kitchen knife, in order to cure him
of nervous breakdown by expelling through those means the bad spirits possessing him. The
collective acts of the group caused the death of the victim. Since malicious intent was not proven,
we reversed the trial courts finding of liability for murder under Article 4 of the Revised Penal Code
and instead ruled that the accused should be held criminally liable for reckless imprudence
resulting in homicide under Article 365 thereof.
Indeed, the threshold question is whether the accuseds initial acts of inflicting physical pain on the
neophytes were attended by animus iniuriandi amounting to a felonious act punishable under the
Revised Penal Code, thereby making it subject to Article 4(1) thereof. In People v. Regato, we ruled
that malicious intent must be judged by the action, conduct, and external acts of the
accused.[227] What persons do is the best index of their intention.[228] We have also ruled that the
method employed, the kind of weapon used, and the parts of the body on which the injury was
inflicted may be determinative of the intent of the perpetrator.[229] The Court shall thus examine the
whole contextual background surrounding the death of Lenny Villa.

Lenny died during Aquilas fraternity initiation rites. The night before the commencement of the
rites, they were briefed on what to expect. They were told that there would be physical beatings,
that the whole event would last for three days, and that they could quit anytime. On their first
night, they were subjected to traditional initiation rites, including the Indian Run, Bicol Express,
Rounds, and the Auxies Privilege Round. The beatings were predominantly directed at the
neophytes arms and legs.

In the morning of their second day of initiation, they were made to present comic plays and to play
rough basketball. They were also required to memorize and recite the Aquila Fraternitys principles.
Late in the afternoon, they were once again subjected to traditional initiation rituals. When the
rituals were officially reopened on the insistence of Dizon and Villareal, the neophytes were
subjected to another traditional ritual paddling by the fraternity.

During the whole initiation rites, auxiliaries were assigned to the neophytes. The auxiliaries
protected the neophytes by functioning as human barriers and shielding them from those who were
designated to inflict physical and psychological pain on the initiates.[230] It was their regular duty to
stop foul or excessive physical blows; to help the neophytes to pump their legs in order that their
blood would circulate; to facilitate a rest interval after every physical activity or round; to serve food
and water; to tell jokes; to coach the initiates; and to give them whatever they needed.

These rituals were performed with Lennys consent.[231] A few days before the rites, he asked both his
parents for permission to join the Aquila Fraternity.[232] His father knew that Lenny would go
through an initiation process and would be gone for three days.[233] The CA found as follows:

It is worth pointing out that the neophytes willingly and voluntarily consented to undergo
physical initiation and hazing. As can be gleaned from the narration of facts, they voluntarily
agreed to join the initiation rites to become members of the Aquila Legis Fraternity. Prior to the
initiation, they were given briefings on what to expect. It is of common knowledge that before
admission in a fraternity, the neophytes will undergo a rite of passage. Thus, they were made aware
that traditional methods such as mocking, psychological tests and physical punishment
would take place. They knew that the initiation would involve beatings and other forms of
hazing. They were also told of their right and opportunity to quit at any time they wanted to.
In fact, prosecution witness Navera testified that accused Tecson told him that after a week, you
can already play basketball. Prosecution witness Marquez for his part, admitted that he knew
that the initiates would be hit in the arms and legs, that a wooden paddle would be used to
hit them and that he expected bruises on his arms and legs. Indeed, there can be no fraternity
initiation without consenting neophytes.[234] (Emphasis supplied)

Even after going through Aquilas grueling traditional rituals during the first day, Lenny continued
his participation and finished the second day of initiation.
Based on the foregoing contextual background, and absent further proof showing clear malicious
intent, we are constrained to rule that the specific animus iniuriandi was not present in this case.
Even if the specific acts of punching, kicking, paddling, and other modes of inflicting physical pain
were done voluntarily, freely, and with intelligence, thereby satisfying the elements
of freedom and intelligence in the felony of physical injuries, the fundamental ingredient of
criminal intent was not proven beyond reasonable doubt. On the contrary, all that was proven was
that the acts were done pursuant to tradition. Although the additional rounds on the second night
were held upon the insistence of Villareal and Dizon, the initiations were officially reopened with the
consent of the head of the initiation rites; and the accused fraternity members still participated in
the rituals, including the paddling, which were performed pursuant to tradition. Other than the
paddle, no other weapon was used to inflict injuries on Lenny. The targeted body parts were
predominantly the legs and the arms. The designation of roles, including the role of auxiliaries,
which were assigned for the specific purpose of lending assistance to and taking care of the
neophytes during the initiation rites, further belied the presence of malicious intent. All those who
wished to join the fraternity went through the same process of traditional initiation; there is no
proof that Lenny Villa was specifically targeted or given a different treatment. We stress that
Congress itself recognized that hazing is uniquely different from common crimes. [235] The totality of
the circumstances must therefore be taken into consideration.

The underlying context and motive in which the infliction of physical injuries was rooted may also
be determined by Lennys continued participation in the initiation and consent to the method used
even after the first day. The following discussion of the framers of the 1995 Anti-Hazing Law is
enlightening:

SENATOR GUINGONA. Most of these acts, if not all, are already punished under the Revised Penal
Code.

SENATOR LINA. That is correct, Mr. President.

SENATOR GUINGONA. If hazing is done at present and it results in death, the charge would be
murder or homicide.

SENATOR LINA. That is correct, Mr. President.

SENATOR GUINGONA. If it does not result in death, it may be frustrated homicide or serious
physical injuries.

SENATOR LINA. That is correct, Mr. President.

SENATOR GUINGONA. Or, if the person who commits sexual abuse does so it can be penalized
under rape or acts of lasciviousness.

SENATOR LINA. That is correct, Mr. President.

SENATOR GUINGONA. So, what is the rationale for making a new offense under this definition of
the crime of hazing?

SENATOR LINA. To discourage persons or group of persons either composing a sorority, fraternity
or any association from making this requirement of initiation that has already resulted in these
specific acts or results, Mr. President.
That is the main rationale. We want to send a strong signal across the land that no group or
association can require the act of physical initiation before a person can become a member without
being held criminally liable.

xxxxxxxxx

SENATOR GUINGONA. Yes, but what would be the rationale for that imposition? Because the
distinguished Sponsor has said that he is not punishing a mere organization, he is not seeking the
punishment of an initiation into a club or organization, he is seeking the punishment of certain acts
that resulted in death, et cetera as a result of hazing which are already covered crimes.

The penalty is increased in one, because we would like to discourage hazing, abusive hazing, but it
may be a legitimate defense for invoking two or more charges or offenses, because these very same
acts are already punishable under the Revised Penal Code.

That is my difficulty, Mr. President.

SENATOR LINA. x x x

Another point, Mr. President, is this, and this is a very telling difference: When a person or group
of persons resort to hazing as a requirement for gaining entry into an organization, the
intent to commit a wrong is not visible or is not present, Mr. President. Whereas, in these
specific crimes, Mr. President, let us say there is death or there is homicide, mutilation, if one files
a case, then the intention to commit a wrong has to be proven. But if the crime of hazing is
the basis, what is important is the result from the act of hazing.

To me, that is the basic difference and that is what will prevent or deter the sororities or
fraternities; that they should really shun this activity called hazing. Because, initially, these
fraternities or sororities do not even consider having a neophyte killed or maimed or that
acts of lasciviousness are even committed initially, Mr. President.

So, what we want to discourage is the so-called initial innocent act. That is why there is need to
institute this kind of hazing. Ganiyan po ang nangyari. Ang fraternity o ang sorority ay magre-
recruit. Wala talaga silang intensiyong makamatay. Hindi ko na babanggitin at buhay pa iyong
kaso. Pero dito sa anim o pito na namatay nitong nakaraang taon, walang intensiyong patayin
talaga iyong neophyte. So, kung maghihintay pa tayo, na saka lamang natin isasakdal ng murder
kung namatay na, ay after the fact ho iyon.Pero, kung sasabihin natin sa mga kabataan na: Huwag
ninyong gagawin iyong hazing. Iyan ay kasalanan at kung mamatay diyan, mataas ang penalty sa
inyo.

xxxxxxxxx

SENATOR GUINGONA. I join the lofty motives, Mr. President, of the distinguished Sponsor. But I
am again disturbed by his statement that the prosecution does not have to prove the
intent that resulted in the death, that resulted in the serious physical injuries, that resulted in
the acts of lasciviousness or deranged mind. We do not have to prove the willful intent of the
accused in proving or establishing the crime of hazing.This seems, to me, a novel situation
where we create the special crime without having to go into the intent, which is one of the
basic elements of any crime.

If there is no intent, there is no crime. If the intent were merely to initiate, then there is no
offense. And even the distinguished Sponsor admits that the organization, the intent to
initiate, the intent to have a new society or a new club is, per se, not punishable at all. What
are punishable are the acts that lead to the result. But if these results are not going to be
proven by intent, but just because there was hazing, I am afraid that it will disturb the basic
concepts of the Revised Penal Code, Mr. President.

SENATOR LINA. Mr. President, the act of hazing, precisely, is being criminalized because in the
context of what is happening in the sororities and fraternities, when they conduct hazing, no
one will admit that their intention is to maim or to kill. So, we are already criminalizing the
fact of inflicting physical pain. Mr. President, it is a criminal act and we want it stopped, deterred,
discouraged.

If that occurs, under this law, there is no necessity to prove that the masters intended to kill or the
masters intended to maim. What is important is the result of the act of hazing. Otherwise, the
masters or those who inflict the physical pain can easily escape responsibility and say, We
did not have the intention to kill. This is part of our initiation rites. This is normal. We do
not have any intention to kill or maim.

This is the lusot, Mr. President. They might as well have been charged therefore with the
ordinary crime of homicide, mutilation, et cetera, where the prosecution will have a
difficulty proving the elements if they are separate offenses.

xxxxxxxxx

SENATOR GUINGONA. Mr. President, assuming there was a group that initiated and a person died.
The charge is murder. My question is: Under this bill if it becomes a law, would the prosecution
have to prove conspiracy or not anymore?

SENATOR LINA. Mr. President, if the person is present during hazing x x x

SENATOR GUINGONA. The persons are present. First, would the prosecution have to prove
conspiracy? Second, would the prosecution have to prove intent to kill or not?

SENATOR LINA. No more. As to the second question, Mr. President, if that occurs, there is no need
to prove intent to kill.

SENATOR GUINGONA. But the charge is murder.

SENATOR LINA. That is why I said that it should not be murder. It should be hazing, Mr.
President.[236] (Emphasis supplied)

During a discussion between Senator Biazon and Senator Lina on the issue of whether to include
sodomy as a punishable act under the Anti-Hazing Law, Senator Lina further clarified thus:

SENATOR BIAZON. Mr. President, this Representation has no objection to the inclusion of sodomy
as one of the conditions resulting from hazing as necessary to be punished. However, the act of
sodomy can be committed by two persons with or without consent.

To make it clearer, what is being punished here is the commission of sodomy forced into another
individual by another individual. I move, Mr. President, that sodomy be modified by the phrase
without consent for purposes of this section.

SENATOR LINA. I am afraid, Mr. President, that if we qualify sodomy with the concept that it is only
going to aggravate the crime of hazing if it is done without consent will change a lot of concepts
here. Because the results from hazing aggravate the offense with or without consent. In fact,
when a person joins a fraternity, sorority, or any association for that matter, it can be with
or without the consent of the intended victim. The fact that a person joins a sorority or
fraternity with his consent does not negate the crime of hazing.

This is a proposed law intended to protect the citizens from the malpractices that attend initiation
which may have been announced with or without physical infliction of pain or injury, Mr.
President. Regardless of whether there is announcement that there will be physical hazing or
whether there is none, and therefore, the neophyte is duped into joining a fraternity is of no
moment. What is important is that there is an infliction of physical pain.

The bottom line of this law is that a citizen even has to be protected from himself if he joins a
fraternity, so that at a certain point in time, the State, the individual, or the parents of the
victim can run after the perpetrators of the crime, regardless of whether or not there was
consent on the part of the victim.

xxxxxxxxx

SENATOR LINA. Mr. President, I understand the position taken by the distinguished Gentleman
from Cavite and Metro Manila. It is correct that society sometimes adopts new mores, traditions,
and practices.

In this bill, we are not going to encroach into the private proclivities of some individuals when they
do their acts in private as we do not take a peek into the private rooms of couples. They can do their
thing if they want to make love in ways that are not considered acceptable by the mainstream of
society. That is not something that the State should prohibit.

But sodomy in this case is connected with hazing, Mr. President. Such that the act may even be
entered into with consent. It is not only sodomy. The infliction of pain may be done with the
consent of the neophyte. If the law is passed, that does not make the act of hazing not
punishable because the neophyte accepted the infliction of pain upon himself.

If the victim suffers from serious physical injuries, but the initiator said, Well, he allowed it
upon himself. He consented to it. So, if we allow that reasoning that sodomy was done with
the consent of the victim, then we would not have passed any law at all. There will be no
significance if we pass this bill, because it will always be a defense that the victim allowed
the infliction of pain or suffering. He accepted it as part of the initiation rites.

But precisely, Mr. President that is one thing that we would want to prohibit. That the defense
of consent will not apply because the very act of inflicting physical pain or psychological
suffering is, by itself, a punishable act. The result of the act of hazing, like death or physical
injuries merely aggravates the act with higher penalties. But the defense of consent is not going
to nullify the criminal nature of the act.

So, if we accept the amendment that sodomy can only aggravate the offense if it is committed
without consent of the victim, then the whole foundation of this proposed law will collapse.

SENATOR BIAZON. Thank you, Mr. President.

SENATOR LINA. Thank you very much.

THE PRESIDENT. Is there any objection to the committee amendment? (Silence.) The Chair hears
none; the same is approved.[237]

(Emphasis supplied)

Realizing the implication of removing the states burden to prove intent, Senator Lina, the principal
author of the Senate Bill, said:

I am very happy that the distinguished Minority Leader brought out the idea of intent or whether
there it is mala in se or mala prohibita. There can be a radical amendment if that is the point that
he wants to go to.

If we agree on the concept, then, maybe, we can just make this a special law on hazing. We
will not include this anymore under the Revised Penal Code. That is a possibility. I will not
foreclose that suggestion, Mr. President.[238](Emphasis supplied)

Thus, having in mind the potential conflict between the proposed law and the core principle of mala
in se adhered to under the Revised Penal Code, Congress did not simply enact an amendment
thereto. Instead, it created a special law on hazing, founded upon the principle of mala prohibita.
This dilemma faced by Congress is further proof of how the nature of hazing unique as against
typical crimes cast a cloud of doubt on whether society considered the act as an inherently wrong
conduct or mala in se at the time. It is safe to presume that Lennys parents would not have
consented[239] to his participation in Aquila Fraternitys initiation rites if the practice of hazing were
considered by them as mala in se.

Furthermore, in Vedaa v. Valencia (1998), we noted through Associate Justice (now retired Chief
Justice) Hilario Davide that in our nations very recent history, the people have spoken, through
Congress, to deem conduct constitutive of hazing, [an] act[] previously considered harmless by
custom, as criminal.[240] Although it may be regarded as a simple obiter dictum, the statement
nonetheless shows recognition that hazing or the conduct of initiation rites through physical and/or
psychological suffering has not been traditionally criminalized. Prior to the 1995 Anti-Hazing Law,
there was to some extent a lacuna in the law; hazing was not clearly considered an intentional
felony. And when there is doubt on the interpretation of criminal laws, all must be resolved in favor
of the accused. In dubio pro reo.

For the foregoing reasons, and as a matter of law, the Court is constrained to rule against the trial
courts finding of malicious intent to inflict physical injuries on Lenny Villa, there being no proof
beyond reasonable doubt of the existence of malicious intent to inflict physical injuries or animus
iniuriandi as required in mala in se cases, considering the contextual background of his death, the
unique nature of hazing, and absent a law prohibiting hazing.

The accused fraternity members guilty of reckless imprudence resulting in homicide

The absence of malicious intent does not automatically mean, however, that the accused fraternity
members are ultimately devoid of criminal liability. The Revised Penal Code also punishes felonies
that are committed by means of fault (culpa). According to Article 3 thereof, there is fault when the
wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

Reckless imprudence or negligence consists of a voluntary act done without malice, from which an
immediate personal harm, injury or material damage results by reason of an inexcusable lack of
precaution or advertence on the part of the person committing it.[241] In this case, the danger is
visible and consciously appreciated by the actor.[242] In contrast, simple imprudence or
negligence comprises an act done without grave fault, from which an injury or material damage
ensues by reason of a mere lack of foresight or skill.[243] Here, the threatened harm is not
immediate, and the danger is not openly visible. [244]

The test[245] for determining whether or not a person is negligent in doing an act is as follows: Would
a prudent man in the position of the person to whom negligence is attributed foresee harm to the
person injured as a reasonable consequence of the course about to be pursued? If so, the law
imposes on the doer the duty to take precaution against the mischievous results of the act. Failure
to do so constitutes negligence.[246]

As we held in Gaid v. People, for a person to avoid being charged with recklessness, the degree of
precaution and diligence required varies with the degree of the danger involved.[247] If, on account of
a certain line of conduct, the danger of causing harm to another person is great, the individual who
chooses to follow that particular course of conduct is bound to be very careful, in order to prevent
or avoid damage or injury.[248] In contrast, if the danger is minor, not much care is required.[249] It is
thus possible that there are countless degrees of precaution or diligence that may be required of an
individual, from a transitory glance of care to the most vigilant effort.[250] The duty of the person to
employ more or less degree of care will depend upon the circumstances of each particular case.[251]

There was patent recklessness in the hazing of Lenny Villa.

According to the NBI medico-legal officer, Lenny died of cardiac failure secondary to multiple
traumatic injuries.[252] The officer explained that cardiac failure refers to the failure of the heart to
work as a pump and as part of the circulatory system due to the lack of blood.[253] In the present
case, the victims heart could no longer work as a pumping organ, because it was deprived of its
requisite blood and oxygen.[254] The deprivation was due to the channeling of the blood supply from
the entire circulatory system including the heart, arteries, veins, venules, and capillaries to the
thigh, leg, and arm areas of Lenny, thus causing the formation of multiple hematomas or blood
clots.[255] The multiple hematomas were wide, thick, and deep,[256] indicating that these could have
resulted mainly from injuries sustained by the victim from fist blows, knee blows, paddles, or the
like.[257] Repeated blows to those areas caused the blood to gradually ooze out of the capillaries until
the circulating blood became so markedly diminished as to produce death. [258] The officer also
found that the brain, liver, kidney, pancreas, intestines, and all other organs seen in the
abdominals, as well as the thoracic organ in the lungs, were pale due to the lack of blood, which
was redirected to the thighs and forearms.[259] It was concluded that there was nothing in the heart
that would indicate that the victim suffered from a previous cardiac arrest or disease.[260]

The multiple hematomas or bruises found in Lenny Villas arms and thighs, resulting from repeated
blows to those areas, caused the loss of blood from his vital organs and led to his eventual death.
These hematomas must be taken in the light of the hazing activities performed on him by the Aquila
Fraternity. According to the testimonies of the co-neophytes of Lenny, they were punched, kicked,
elbowed, kneed, stamped on; and hit with different objects on their arms, legs, and thighs. [261] They
were also paddled at the back of their thighs or legs;[262] and slapped on their faces.[263] They were
made to play rough basketball.[264] Witness Marquez testified on Lenny, saying: [T]inamaan daw sya
sa spine.[265] The NBI medico-legal officer explained that the death of the victim was the cumulative
effect of the multiple injuries suffered by the latter.[266] The relevant portion of the testimony is as
follows:
Atty. Tadiar Doctor, there was, rather, it was your testimony on various cross examinations of
defense counsels that the injuries that you have enumerated on the body of the deceased Lenny
Villa previously marked as Exhibit G-1 to G-14 individually by themselves would not cause the
death of the victim. The question I am going to propound to you is what is the cumulative effect of
all of these injuries marked from Exhibit G-1 to G-14?

Witness All together nothing in concert to cause to the demise of the victim. So, it is not fair for us
to isolate such injuries here because we are talking of the whole body. At the same manner that as
a car would not run minus one (1) wheel. No, the more humane in human approach is to interpret
all those injuries in whole and not in part.[267]

There is also evidence to show that some of the accused fraternity members were drinking during
the initiation rites.[268]

Consequently, the collective acts of the fraternity members were tantamount to recklessness, which
made the resulting death of Lenny a culpable felony. It must be remembered that organizations owe
to their initiates a duty of care not to cause them injury in the process.[269] With the foregoing facts,
we rule that the accused are guilty of reckless imprudence resulting in homicide. Since the NBI
medico-legal officer found that the victims death was the cumulative effect of the injuries suffered,
criminal responsibility redounds to all those who directly participated in and contributed to the
infliction of physical injuries.

It appears from the aforementioned facts that the incident may have been prevented, or at least
mitigated, had the alumni of Aquila Fraternity accused Dizon and Villareal restrained themselves
from insisting on reopening the initiation rites. Although this point did not matter in the end,
as records would show that the other fraternity members participated in the reopened initiation
rites having in mind the concept of seniority in fraternities the implication of the presence of alumni
should be seen as a point of review in future legislation. We further note that some of the fraternity
members were intoxicated during Lennys initiation rites. In this light, the Court submits to
Congress, for legislative consideration, the amendment of the Anti-Hazing Law to include the fact of
intoxication and the presence of non-resident or alumni fraternity members during hazing as
aggravating circumstances that would increase the applicable penalties.

It is truly astonishing how men would wittingly or unwittingly impose the misery of hazing and
employ appalling rituals in the name of brotherhood. There must be a better way to establish
kinship. A neophyte admitted that he joined the fraternity to have more friends and to avail himself
of the benefits it offered, such as tips during bar examinations.[270] Another initiate did not give up,
because he feared being looked down upon as a quitter, and because he felt he did not have a
choice.[271] Thus, for Lenny Villa and the other neophytes, joining the Aquila Fraternity entailed a
leap in the dark. By giving consent under the circumstances, they left their fates in the hands of the
fraternity members. Unfortunately, the hands to which lives were entrusted were barbaric as they
were reckless.

Our finding of criminal liability for the felony of reckless imprudence resulting in homicide shall
cover only accused Tecson, Ama, Almeda, Bantug, and Dizon. Had the Anti-Hazing Law been in
effect then, these five accused fraternity members would have all been convicted of the crime of
hazing punishable by reclusion perpetua (life imprisonment).[272] Since there was no law prohibiting
the act of hazing when Lenny died, we are constrained to rule according to existing laws at the time
of his death. The CA found that the prosecution failed to prove, beyond reasonable doubt,
Victorino et al.s individual participation in the infliction of physical injuries upon Lenny Villa. [273] As
to accused Villareal, his criminal liability was totally extinguished by the fact of his death, pursuant
to Article 89 of the Revised Penal Code.

Furthermore, our ruling herein shall be interpreted without prejudice to the applicability of the
Anti-Hazing Law to subsequent cases. Furthermore, the modification of criminal liability from slight
physical injuries to reckless imprudence resulting in homicide shall apply only with respect to
accused Almeda, Ama, Bantug, and Tecson.

The accused liable to pay damages

The CA awarded damages in favor of the heirs of Lenny Villa in the amounts of ₱50,000 as civil
indemnity ex delicto and ₱1,000,000 as moral damages, to be jointly and severally paid by accused
Dizon and Villareal. It also awarded the amount of ₱30,000 as indemnity to be jointly and severally
paid by accused Almeda, Ama, Bantug, and Tecson.

Civil indemnity ex delicto is automatically awarded for the sole fact of death of the victim.[274] In
accordance with prevailing jurisprudence,[275] we sustain the CAs award of indemnity in the amount
of ₱50,000.

The heirs of the victim are entitled to actual or compensatory damages, including expenses incurred
in connection with the death of the victim, so long as the claim is supported by tangible
documents.[276]Though we are prepared to award actual damages, the Court is prevented from
granting them, since the records are bereft of any evidence to show that actual expenses were
incurred or proven during trial. Furthermore, in the appeal, the Solicitor General does not interpose
any claim for actual damages.[277]

The heirs of the deceased may recover moral damages for the grief suffered on account of the
victims death.[278] This penalty is pursuant to Article 2206(3) of the Civil Code, which provides that
the spouse, legitimate and illegitimate descendants and the ascendants of the deceased may
demand moral damages for mental anguish by reason of the death of the deceased.[279] Thus, we
hereby we affirm the CAs award of moral damages in the amount of ₱1,000,000.

WHEREFORE, the appealed Judgment in G.R. No. 155101 finding petitioner Fidelito Dizon guilty of
homicide is hereby MODIFIED and SET ASIDE IN PART. The appealed Judgment in G.R. No.
154954 finding Antonio Mariano Almeda, Junel Anthony Ama, Renato Bantug, Jr., and Vincent
Tecson guilty of the crime of slight physical injuries is also MODIFIED and SET ASIDE IN PART.
Instead, Fidelito Dizon, Antonio Mariano Almeda, Junel Anthony Ama, Renato Bantug, Jr., and
Vincent Tecson are found GUILTY beyond reasonable doubt of reckless imprudence resulting in
homicide defined and penalized under Article 365 in relation to Article 249 of the Revised Penal
Code. They are hereby sentenced to suffer an indeterminate prison term of four (4) months and one
(1) day of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as
maximum. In addition, accused are ORDERED jointly and severally to pay the heirs of Lenny Villa
civil indemnity ex delicto in the amount of ₱50,000, and moral damages in the amount of
₱1,000,000, plus legal interest on all damages awarded at the rate of 12% from the date of the
finality of this Decision until satisfaction.[280] Costs de oficio.

The appealed Judgment in G.R. No. 154954, acquitting Victorino et al., is hereby AFFIRMED. The
appealed Judgments in G.R. Nos. 178057 & 178080, dismissing the criminal case filed against
Escalona, Ramos, Saruca, and Adriano, are likewise AFFIRMED. Finally, pursuant to Article 89(1)
of the Revised Penal Code, the Petition in G.R. No. 151258 is hereby dismissed, and the criminal
case against Artemio Villareal deemed CLOSED and TERMINATED.
Let copies of this Decision be furnished to the Senate President and the Speaker of the House of
Representatives for possible consideration of the amendment of the Anti-Hazing Law to include the
fact of intoxication and the presence of non-resident or alumni fraternity members during hazing as
aggravating circumstances that would increase the applicable penalties.

SO ORDERED.