The National Bureau of Investigation is set to transfer the 10 members of the Aegis Juris fraternity, who were indicted over the death of University of Sto. Tomas law student Horacio “Atio” Tomas Castillo III, on Wednesday.
The move is in compliance with the commitment order issued by Manila Regional Trial Court Branch 20 Judge Marivic Balisi-Umali denying the urgent ex-parte motion filed by the accused that they remain at the NBI citing their safety.
The order dated May 22 directed the NBI to transfer within 48 hours accused Arvin A. Balag, Mhin Wei Chan, Axel Munro Hipe, Oliver John Audrey Onofre, Joshua Joriel Macabali, Ralph Trangia, Robin Ramos, Jose Miguel Salamat, Danielle Hans Matthew and Marcelino Bagtang.
“The transfer of Aegis Juris fraternity members to Manila City Jail is most likely today [Wednesday]. As soon as the documentation is completed and clearance is secured, the subjects will be immediately transferred to Manila City Jail in compliance with the Commitment Order of the Court,” NBI Public Information Office Chief Nicanor Suarez said in a statement.
In his motion, Trangia said he and his father received death threats through calls and text message. He added that there were several posts on social media wanting him dead.
While they do not underestimate the capability of the Bureau of Jail Management and Penology who facilitates the local jails, Trangia said “the prison guards cannot ensure the security of each of the prisoners detained therein. That it would only take a paltry sum of money for anyone at the Manila City Jail to have accused killed inside the Manila City jail.”
Other accused Hipe, Onofre, Salamat, Ramos, Bagtang also feared for their safety while Macabali, Rodrigo, and Chan, in their separate motions, urged the court to take note of the number of detainees at the Manila City Jail which has exceeded the maximum jail capacity.
Aside from fear for their safety, they said they still enjoy the presumption of innocence and would like to continue their law studies.
They added that several detainees at the Manila City Jail “are recidivists and habitual delinquents while others are incorrigible and hard-core criminals which would make their transfer to the said facility as detrimental to their personal growth and development being of frail age.”
The prosecution opposed the separate motions of the accused saying that the NBI is not a regular detention facility and allowing them to stay will negatively be perceived “to be rendering favor and advantage…which is inconsistent with law, due process and fair play.”
The prosecutors also argued that “fairness and equity dictate that the herein accused be similarly situated with the majority of persons under detention. There is no reason to take the case of the accused in isolation necessitating better treatment than the rest. It puts in quandary the very basis principle in Constitution that is the equal protection of the laws.”
The court, in its order, agreed with the prosecution that the NBI is not a regular detention facility and the Anti-Hazing Law is not among the crimes mentioned in the duties and responsibilities under the NBI Reorganization Act.
The suspects are facing charges for violation of Republic Act 8049, the Anti-Hazing Law, after the Department of Justice (DOJ) found probable cause to indict them over Castillo’s death.
Castillo died after undergoing initiation rites in the hands of Aegis Juris fraternity members in September 2017.
As this developed, the involvement of Aegis Juris fraternity members in the hazing death of Castillo had resulted in the suspension of recognition of all fraternities, sororities and similar organizations for the next academic year at the UST.
The university, through its Office for Student Affairs, has ordered all fraternities and sororities to indefinitely “cease and desist from recruiting students or engaging in any kind of activities,” through a memorandum.
The order was tweeted on Tuesday by The Varsitarian, UST’s student publication.
The memorandum, dated May 21, also barred its students from joining fraternities, sororities and other unrecognized campus organizations.
The memorandum added that the suspension of fraternities and sororities is “in light of the recent incident involving the hazing death of a law student and in keeping with the duty of the University to take proactive steps to protect the students from the danger of participating in activities that will involve hazing.”
Castillo’s death has put the spotlight on fraternities and their culture of hazing, prompting lawmakers to amend the existing anti-hazing law.