Dungo v People

Dandy L. Dungo and Gregorio A. Sibal, Jr. vs. People of the Philippines 761 SCRA 375 July 1, 2015

FACTS: -

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Marlon Villanueva was a neophyte of the Alpha Phi Omega fraternity. On January 14, 2006 at Villa Novaliches, Calamba City, Laguna, Dandy Dungo and Gregorio Sibal Jr. together with other Alpha Phi Omega fraternity members and officers held an initiation rite. During said rite, Villanueva was subjected to physical harm leading to his death. Dungo and Sibal were charged with violation of RA 8049 or the Anti-Hazing Law of 1995. The RTC found Dungo and Sibal guilty beyond reasonable doubt. The RTC explained that despite the fact that there was no evidence that Dungo and Sibal participated in inflicting  physical harm to Villanueva, their aid in inducing indu cing Villanueva to attend the initiation rite and  bringing him to the location was indispensable. Dungo and Sibal appealed but the CA upheld the ruling of the RTC. Hence, they appealed to the Supreme Court. Dungo and Sibal argued that the information charged them as “they did then and there wilfully, unlawfully, and feloniously assault and use personal violence upon [Villanueva].” Yet, both the RTC and CA found them guilty of violating RA 8049 because “they induced the victim victim to be present during the initiation rites.” Since inducement is not included in the crime of hazing by actual participation, they cannot be convicted of a crime noit stated or necessarily included in the information. They contend that this is a violation of their constitutional right to be informed of the nature and cause of accusation against them.

ISSUE: W/N Dungo and Sibal can be convicted of the crime of hazing under RA 8049. HELD: YES -

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The SC ruled that Dungo and Sibal can be convicted of violation of RA 8049 despite the lack of evidence in their direct participation. The crime of hazing RA 8049 is a mala prohibita. The act of hazing itself is not inherently immoral, but the law deems the same to be against public policy and must be prohibited. Accordingly, the existence of criminal intent is immaterial in the crime of hazing. Also, the defense of good faith cannot be raised in its prosecution. The argument of Dungo and Sibal that they were not properly informed of the accusation 1 against them was also not accepted by the court. According to the Rules of Court , the information need not use the exact language of the statute in alleging the acts or omissions complained of as constituting the offense. The test is whether it enables a person of common understanding to know the charge against him, and the court to render judgment properly.

 Sec. 9, Rule 110: Cause of the accusation. The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common u nderstanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.

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The court said that the act of inducing the victim to attend the initiation rite is necessarily  part of a “planned initiation rite.” Not only did they induce the victim, they also brought him to the location. They fulfilled their role in the planned hazing rite which led to the death of the victim. Furthermore, RA8049 provides that the presence of any person during the hazing is a prima facie evidence of participation as principal unless he prevented the commission of the  punishable act.

Notes:

RA 8049 -

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Hazing –   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. Elements of hazing: 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.

Mala in se v. Mala Prohibita Mala in se - Intent governs - As long as there is intent, the person can be charged of the corresponding crime.

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If the punishable act or omission is immoral in itself, it is mala in se.

Mala Prohibita - Sole question is has the law been violated? - When the person did the prohibited act considered by law to be injurious to public welfare, he can be charged of the corresponding crime. - If the act or omission is not immoral in itself but there is a law prohibiting it, it is mala prohibita.

 Not all of the crimes in the RPC are mala in se. Technical malversation is mala prohibita.  Not all of the crimes in special laws are mala prohibita. Plunder under RA 7080 is mala in se.