Dungo v People (2015)

DANDY DUNGO and GREGORIO SIBAL, JR. vs. PEOPLE OF THE PHILIPPINES
G.R. No. 209464 July 1, 2015

Facts:

On January 14, 2006, at Villa Novaliches, Brgy. Pansol, Calamba City, Laguna, the Alpha Phi Omega Fraternity in conspiracy with more or less twenty other members and officers conducted initiation rite. MARLON VILLANUEVA y MEJILLA, a neophyte was subjected to physical harm.
After the initiation rites, accused Sibal inquired about Villanueva's condition but he was ignored by Castillo. He then called co-accused Dungo for help. After Dungo arrived at the resort, they hailed a tricycle and brought Villanueva to JP Rizal Hospital. There, he gave a false name to the security guard as he heard that Dungo had done the same.

RTC found Dungo and Sibal guilty of the crime of violating Section 4 of the Anti-Hazing Law and sentenced them to suffer the penalty of reclusion perpetua.

The CA ruled that the appeal of Dungo and Sibal was bereft of merit.

Issue:

Whether or not herein accused were guilty of violation of R.A. No. 8049.

Ruling:
Yes, they are guilty of violation of R.A. No. 8049.

Section 1 of R.A. No. 8049 defines hazing as 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. From the said definition, the elements of the crime of hazing can be determined:
1. That there is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization;
2. That there must be a recruit, neophyte or applicant of the fraternity, sorority or organization; and 

3. That the recruit, neophyte or applicant is placed 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.

Classes of direct participants are: the first class of principals would be the actual participants in the hazing. 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 second class of principals would be the officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing. The third class of principals would be the officers or members of an organization group, fraternity or sorority who knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat due to their indispensable cooperation in the crime by inducing the victim to attend the hazing. The next class of principals would be the fraternity or sorority's adviser. The last class of principals would be the parents of the officers or members of the fraternity, group, or organization.

Exceptionally, under R.A. No. 8049, the participation of the offenders in the criminal conspiracy can be proven by the prima facie evidence due to their presence during the hazing, unless they prevented the commission of the acts therein. 

(SOURCE: PALS 2016, Prepared by: Dean Gemy Lito L. Festin and the students of Polytechnic University of the Philippines)