DATE OF INITIATION RITES: JUNE 28, 2014

ACCUSED: 14 MEMBERS OF THE TAU GAMMA PHI FRATERNITY

CHARGED FOR VIOLATION OF REPUBLIC ACT 8049 OR THE ANTI-

HAZING LAW

Those charged were:

Cody Errol Morales- alleged master mind and leader

Daniel Paul Martin Bautista alias Pope Bautista

Esmerson Nathaniel Calupas alias Emeng

Hans Killian Tatlonghari alias Hans Tamaring

Eleazar Pablico alias Trex Garcia

Vic Angelo Dy

Mark Andrew Ramos- Cousin of Cody Morales

Michael David Castan eda

Justin Francis Reyes alias Rayjay and Jayray

Alias Kiko

Alias Bea

Jane Doe

Kurt Michael Almazan- SURRENDERED

John Kevin Navoa

Luis Solomon Arevalo- SURRENDERED; admitted belonging to

the Tau Gamma Phi fraternity but said he has become an
"inactive member" ever since he was diagnosed with Stage 3
cancer.
 (SEE:http://www.gmanetwork.com/news/news/metro/373884
/servando-hazing-suspect-claims-he-tried-to-protect-
neophytes/story/)

*Steven Jorge Penano- WhileheadmitsheisaTauGammamemberand

hewasatthefoodchainrestaurantwheretheneophytesmetbeforethe
initiationrites,hesaidhewasonlytheretomeethisgirlfriend.

3 WITNESSES/ NEOPHYTES PRESENT DURING THE INITIATION:

1. John Paul Raval- called Patrol 117

2. Lorenzo Anthony Agustin
3. Levin Roland Flores

FACTS:
Servando,an18yearoldstudentoftheCollegeofSt.Benilde,was
founddeadinacondominiumunitatOneArchersPlaceinTaft,
ManilaonJune28,2014

The students recalled being brought to an undisclosed place for the

initiation rites on Saturday afternoon. They got back to the
condominium unit at around 9:30 p.m. the same day.

The students were trying to join the Tau Gamma Phi fraternity. It
said the students were picked up at a fast food restaurant that
evening, taken to a remote location (MAKATI CITY; Trees near the
bungalow-style house in Makati had graffiti that resembled the
fraternitys logo), and then dropped off near the condominium after
the hazing ritual.

Partoftheirinitiationwastodeliverdrugsandwomentosenior
membersofthefraternity. atonepoint,hedelivereddrugstooneofthe
hazingsuspects,StevenJorgePenao.

(SEE:http://newsinfo.inquirer.net/633591/asidefromhazingritesfrat
alsorequireddrugswomenfromneophytes)
 Servando, according to witnesses fell on the floor unconscious that
prompted one of his companions John Raval, to call Patrol 117.

When the Philippine Red Cross came, they were no longer able to
revive the second-year BS Hotel, Restaurant and Institution
Management student. He was declared dead on the spot.

The three neophytes were brought to Ospital ng Maynila before

being transferred to the Philippine General Hospital.

TheDOJearlierissuedalookoutbulletinordertolettheBureauof
Immigration(BI)monitorthemovementsofthe20suspects,fourof
whomwereeventuallydiscoveredtohavefledfromthecountryafterthe
hazingincidentonJune28thatledtoServandosdeath.

The Bureau of Immigration said four of the suspects Calupas,

Tatlonghari, Pablico, and Navoa left the country prior to the issuance
of the LBO.

RULING:

The Department of Justice on Tuesday filed before the Makati City

Regional Court a case for violation of Republic Act 8049 or the
Anti-Hazing Law against members of the Tau Gamma Phi fraternity
for the death of neophyte Guillo Cesar Servando and injuries
sustained by three others.

The 14 accused were present during the final initiation rites of

victims Servando, John Paul Raval, Lorenze Anthony Agustin and
Levin Roland Flores on June 28, 2014 and who conducted the
initiation rites of the four neophyteswithout notice and
authority from school authorities concerned.

In his counter-affidavit, Steven Jorge Penano said there was nothing

in the affidavit of the witnesses pointing to his participation in the
initiation rites.
 the DOJ dismissed the case against Jemar Pajarito, Luis Solomon
Arevalo, Carl Francis Loresca, Steven Jorge Peano, Ma. Teresa
Dayanghirang and Alyssa Federique Valbuena.

The DOJ adopted the defense of Pajarito, the caretake of the

house where the initiation rites were held. He had earlier claimed
that had no knowledge of what was happening at the house.

The panel said Pajarito should not be charged because of his lack
of knowledge of the initiation rites. It said he also did not
participate in the infliction of physical harm on the neophytes.

Arevalo, Loresca, Penano, Dayanghari and Valbuena were also not

charged because despite being present or passing by during the
initiation rites, they likewise did not inflict physical pain on the
victims.

Under the law, it is presumed that mere presence of a person

during hazing is prima facie evidence of participation unless he
or she prevented the commission of the crime.

The panel said the context of the law's "presumption" should be

"inevitably correlated with Section 4 of the special law which
clearly enunciates... 'officers and members of the fraternity,
sorority or organization who actually participated in the infliction of
physical harm shall be liable as principals.

The panel also pointed out that under the law, former officers and
alumni who participated in the planning can be indicted as
principals. The owner of the place where the hazing happened,
meanwhile, could be charged as an accomplice.

Complainants did not include the owner of the house, nor the alumni
or officers of the Tau Gamma Phi fraternity and school authorities,
for the expedient and plain reason that there was no evidence of
their consent or knowledge on their part of such hazing," said
the panel.
DECISION:

JudgeGuanlao,citedaSupremeCourtdecisionlastDecember,2015in
PeopleofthePhilippinesversusBosabos,thatoneoftheelementsof
hazingisthattheactionthatledtothedeathmustbeaprerequisite
formembershipinafraternity,sorority,etc.

Failure to aver this crucial ingredient would prevent successful

prosecution of the criminal responsibility of the accused, either as
principal or accomplice, for the crime of hazing.

According to the judge, plain reference to a technical termin this

case, hazingis insufficient and incomplete as it is but a
characterization of the acts allegedly committed and a mere
conclusion of law.

SEE: http://newsinfo.inquirer.net/785740/benilde-hazing-
accused-cleared