Law dean in hazing case files counter-affidavit

TOP LAWYER and university dean Nilo T. Divina on Monday, Oct. 30, filed his counter-affidavit before the Department of Justice (DoJ), questioning his inclusion in the case of Aegis Juris recruit Horacio T. Castillo III’s death by hazing on Sept. 17.

Mr. Divina, dean of the College of Civil Law of the University of Santo Tomas (UST), has been named a respondent in two Supplemental Complaint-Affidavits filed Oct. 9 by the parents of the slain Mr. Castillo, Horacio M. Castillo and Carmina T. Castillo.

The first Supplemental Complaint-Affidavit charged Mr. Divina and other respondents with murder and violation of the Anti-Hazing Law (Republic Act No. 8049), while the second Supplemental Complaint-Affidavit charged him with obstruction of justice, in violation of Presidential Decree No. 1829.

The charges against Mr. Divina stemmed from the assumption that he was aware of Mr. Castillo’s death that Sunday, Sept. 17.

But “the allegation that he failed to prevent the hazing presupposed he had knowledge it was going to occur, which he denied,” asserted a statement in Mr. Divina’s behalf sent to the media.

He also reaffirmed his earlier claim that he had become inactive in the fraternity.

“He reiterated that he had been inactive in the Aegis Juris Fraternity since 2009 and pointed out that in addition to the mandate of the Anti-Hazing Law, UST had absolutely prohibited hazing since 2003 after the death of a student in a ROTC-related hazing activity,” the statement for Mr. Divina said, adding:

“He also explained that he was unable to call the parents of Atio on Sept. 17 because he had no confirmation on the identity of the student who had died and had no means to get details until the new news broke out the next day of Sept. 18.”

“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,” Mr. Divina in his counter-affidavit said.

“I took a leave from the fraternity because I was given the delicate and difficult task of being the Dean of the UST Faculty of Civil Law. As a dean, I knew that all law students of UST, whether affiliated or not, would look up to me to lead them in their quest to become lawyers,” he added

“As trustee of Aegis Juris Foundation, Inc., I cannot also be held liable as an accomplice,” he pointed out.

Section 4 of the Anti-Hazing Law reads in part: “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.”

On the other hand, the statement in Mr. Divina’s behalf pointed out that “the Foundation itself had ceased to exist since 2012 with the revocation of its Certificate of Registration by the Securities and Exchange Commission.”

The statement also noted that Mr. Divina himself “had ceased to become a trustee (of the Foundation) in 2009,” three years earlier.

“In addition, he pointed out that ownership of the fraternity library where the hazing occurred cannot be ascribed to the Foundation in the face of the admission by the police that the owner of the premises is a certain Vicente Garcia, who is among those charged,” the statement said.

Also interviewed by reporters, Mr. Divina said in part, “I am considering (quitting) after this case. After this case I will consider it, not the deanship but membership from the fraternity,” he also said. —