UST Law dean refutes 2 criminal raps
The University of Santo Tomas Faculty of Civil Law dean Nilo Divina on Oct. 30 refuted two criminal complaints filed against him by the parents of the slain UST law freshman Horacio "Atio" Castillo III.
Divina is facing charges of violation of the Anti-Hazing Law, murder, and obstruction of justice, filed by the Castillo camp on Oct. 9 under Presidential Decree 1829.
The decree states that a penalty of prison or fine shall be imposed upon any person who knowingly obstructs or delay apprehensions of suspects committing criminal cases.
UST Civil Law Dean Divina at a recent Senate inquiry into the fatal hazing of Horacio "Atio" Castillo III. Philippine Star file. Photo by Mong Pintolo.
In his 30-page counter-affidavit filed at the Department of Justice (DOJ), Divina sought dismissal of the charges filed against him, saying he is not liable as an accomplice of the Aegis Juris fraternity members because he was not aware of the fatal hazing and knew only the death of Castillo after the initiation rites.
Divina said the allegations against him were based on “wild speculations, conjectures, and surmises.”
“[C]omplainants could not point to a single circumstance showing I had prior actual knowledge of this particular hazing incident,” Divina said.
Divina said Horacio Jr. and Carmina Castillo only included him in the complaint because he was a founding member of the fraternity and because of the allegation that he knew the initiation rites of Castillo.
"At the risk of being repetitious, complainants' allegation that I, whether, as Dean or trustee, have actual knowledge of fraternity's alleged hazing rites is not supported by proof. The basic rule is that mere allegation is not evidence and is not equivalent to proof," Divina’s counter-affidavit read.
Divina reiterated that he had been inactive in the Aegis Juris Fraternity eight years ago when he became dean.
“I purposely distanced myself from the members to maintain my impartiality…As a result of my conscious effort to maintain that distance, I have not kept track who the current active officers and members of the fraternity are, neither do I have even a single contact detail of these active members,” Divina said.
Divina defended the preventive suspension he ordered last Sept. 18 for the Aegis Juris members linked in Atio’s death.
"To begin with, I must emphasize that my purpose in issuing the preventive suspension order is to protect the student body and alleviate their fears brought about by news reports concerning Atio's death with the possible complicity of some members of Aegis Juris," the counter-affidavit stated.
Castillo's parents hit Divina for issuing a blanket suspension for the members of the fraternity which they said “effectively allowed respondent-members to escape undetected and unscathed, and at the very least, to avoid being directly questioned by the MPD on Castillo’s death.”
"I continue to reiterate my offer to help in whatever way I can. However, the Honorable Office should not allow Atio's death to be used in furtherance of the sinister motives of those behind the smear campaign against me," Divina said.