Villareal v.

People all those who directly participated in and contributed to the infliction of
Feb 1, 2012 | Sereno, J. | Anti Hazing
physical injuries
→ Criminal liability for the felony of reckless imprudence resulting in
PETITIONER: ARTEMIO VILLAREAL homicide shall cover only accused Tecson, Ama, Almeda, Bantug, and
RESPONDENTS: PEOPLE OF THE PHILIPPINES Dizon. Had the Anti-Hazing Law been in effect then, these five accused
fraternity members would have all been convicted of the crime of hazing
SUMMARY: On Feb 1991, 7 freshmen of the ADMU School of Law signified punishable by reclusion perpetua(life imprisonment). Since there was no law
their intention of joining the Aquila Legis fraternity. These freshmen were briefed prohibiting the act of hazing when Lenny died, we are constrained to rule
of the initiation rites that will last for 3 days and were told that they can quit
according to existing laws at the time of his death.
anytime. They will be subjected to physical beatings as well as psychological
torture. They were then brought to Almeda Compound were the intitation rites
were conducted such as the Indian Run, Bicol Express, Rounds, Auxies Privilege,
Cosmic Plays, rough basketball, and paddling. Lenny received several blows
which sent him sprawling ot the ground. While sleeping, the other neophytes were
roused by Lenny’s mumblings and shivering. As his condition, worsened, he was
then brought to the hospital where he was pronounced dead on arrival. The issue
in this case is WON Dizon is guilty of homicide in which the Court ruled in the
negative.

DOCTRINE and Ratio: A crime is not committed if the mind of the person
performing the act complained of is innocent.
→ Having in mind the potential conflict between the proposed law and the
core principle of mala in se adhered to under the Revised Penal Code,
Congress did not simply enact an amendment thereto. Instead, it created a
special law on hazing, founded upon the principle of mala prohibita. This
dilemma faced by Congress is further proof of how the nature of hazing —
unique as against typical crimes — cast a cloud of doubt on whether society
considered the act as an inherently wrong conduct or mala in se at the time FACTS:
→ The collective acts of the fraternity members were tantamount to 1. Feb 1991, 7 freshmen law students of ADMU School of Law
recklessness, which made the resulting death of Lenny a culpable felony. It signified their intention to join the Aquila Fraternity - Asuncion,
Belleza, Marquez, Navera, Recinto, Sy, and Leonardo “Lenny”
must be remembered that organizations owe to their initiates a duty of care
Villa (neophytes)
not to cause them injury in the process. With the foregoing facts, we rule 2. After having dinner at Rufo’s restaurant, the neophytes and some
that the accused are guilty of reckless imprudence resulting in homicide. members (Aquilans) went to the house of Michael Musngi who
Since the NBI medico-legal officer found that the victim’s death was the briefed the neophytes about the initiation rites
cumulative effect of the injuries suffered, criminal responsibility redounds to a. There would be physical beatings but they can quit anytime
b. It would be 3 days long
3. Feb 8, 1991: The neophytes were brought to Almeda compound in → condition worsened so they rushed Lenny to the hospital but
Caloocan and were subjected to threats, insults and received was pronounced dead on arrival
physical blows from the Aquilans. The initiation rights included: 8. A criminal case for homicide was filed against 35 Aquilans was filed
a. Indian run - neophytes to run a gauntlet of two parallel rows → 26 jointly tried; 9 accused held in abeyance due to matters to
of Aquilans, each row delivering blows to the neophytes
b. Bicol express - sit on the floor with their backs against the be resolved first
wall and their legs outstretched while the Aquilans walked, 9. Trial Court: 26 accused guilty of homicide under Art 249 of RPC;
jumped, or ran over their legs few weeks later criminal case against the 9 others commenced anew
c. Rounds - neophytes were held at the back of their pants by 10. CA: set aside the finding of conspiracy of the trial court and
the "auxiliaries" (the Aquilans charged with the duty of modified the criminal liability of each accused according to
lending assistance to neophytes during initiation rites), individual participation.
while the latter were being hit with st blows on their arms a. Victorino et al (19 of them) - acquitted as guilt not
or with knee blows on their thighs by two Aquilans established beyond reasonable doubt
d. Auxies Privilege Round - auxiliaries were given the b. Tecson et al (4 of them) - guilty of slight physical injuries
opportunity to in ict physical pain on the neophytes c. Dizon and Villareal - guilty of Homicide (no mitigating/
4. The neophytes were also indoctrinated with fraternity principles qualifying circumstance)
5. Feb 9, 1991: neophytes were made to present comic plays and to 11. Aug 5, 2002: dismissed case of Concepcion: violation of his speedy
play rough basketball. trial
→ hit on the arms and legs when they give wrong answers 12. Case of Escalona et al were also later on dismissed for violation of
speedy trial
regarding the Aquila fraternity principles
13. 5 consolidated cases were brought (i dont think its still relevant to
→ initiation rites proper was revived tormenting again the discuss)
neophytes a. GR No 151258: Villareal v People
6. After a while, Dizon and Villareal demanded the rites to be → Villareal’s Petition for Certiorari under Rule 45 which
reopened, in which the head of initiation rites Victorino initially raises 2 reversible errors allegedly committed by CA in
refused its decision
→ neophytes were subjected to paddling and additional rounds
→ first: denial of due process and second: conviction
of physical pain
absent proof beyond reasonable doubt
→ Lenny received several paddle blows and could no longer walk
→ Pending the petition, Notice of death of Party was
after so he had to be carried by the auxiliaries to the carport,
filed by counsel for petitioner as Villareal died on March
where they slept
13, 2011
7. After an hour of sleep, the neophytes were suddenly roused by
Lenny’s shivering and incoherent mumblings → Counsel asserts that the subject matter of petition
→ initially Villareal and Dizon dismissed the rumblings as they previously filed does not survive death of the accused
thought Lenny was just overacting (what the frick!!) b. GR No 155101: Dizon v. People
→ 2 main issued: denied due proceed when CA sustained
→ started helping Lenny when they realized he was really feeling
tc’s forfeiture of his right to present evidence; and he was
cold
deprived due process when CA did not apply to him the
→ removed his clothes and helped him through a sleeping bag
 same “ratio decidendi that served as basis of acquittal of of the physical punishment heaped on him were serious in
the other accused” nature.
c. GR No. 154954: People v. CA ○ By reason of death, there is no precise means to determine
→ petition for certiorari under Rule 65: seeks to reverse the duration of the incapacity or the medical attendance
required
CA’s decision for the acquittal of Victorino eta al and ○ When the proof of the said period is absent, the crime
conviction of Tecson et al of only Slight Physical committed should be deemed only as slight physical
Injuries injuries
→ OSG: CA erred in holding that there was no b. The appellate court relied on Panresa which is misplaced since the victim
conspiracy to commit hazing (not yet criminalized in this case suffered physical injuries and not death.
c. CA's ultimate conclusion that Tecson, Ama, Almeda, and Bantug were
hazing)
liable merely for slight physical injuries grossly contradicts its own findings
→ petitioner: TC’s ruling should have been upheld; of fact.
accused are criminally liable for the resulting crime of → four accused were found to have inflicted more than the usual
homicide pursuant to Art. 4 of RPC punishment undertaken during such initiation rites on the person of Villa
d. GR Nos. 178057 and 178080: Villa v. Escalona → Considering that the CA found that the physical punishment heaped
→ Villa’s Petition for Review on Certiorari: assails the on Villa serious in nature, it was patently erroneous for the court to limit
dismissal of the criminal case against Escalona et al. the criminal liability to slight physical injuries, which is a light felony.
→ accd to Villa, accused failed to assert right to speedy → Article 4 (1) of the Revised Penal Code dictates that the perpetrator
trial within a reasonable period of time. Prosec cannot shall be liable for the consequences of an act, even if its result is different
be faulted for the delay, as the original records and the from that intended.
required evidence were not at its disposal but were still → Person found to have committed an initial felonious act, such as the
in the appellate court unlawful infliction of physical injuries that results in the death of the victim,
courts are required to automatically apply the legal framework governing the
destruction of life. This rule is mandatory, and not subject to discretion
d. Attributing criminal liability solely to Villareal and Dizon — as if only
ISSUES: (related to the topic i think) their acts, in and of themselves, caused the death of Lenny Villa — is contrary
1. WON CA committed grave abuse of discretion when it pronounced to the CA's own findings.
Tecson et al only guilty of slight physical injuries - YES → From proof that the death of the victim was the cumulative effect of
2. WON Dizon is guilty of homicide - NO the multiple injuries he suffered,103 the only logical conclusion is that
criminal responsibility should redound to all those who have been proven
RATIO:
to have directly participated in the in iction of physical injuries on Lenny.
1. CA reasoned in its decision of imposing the penalty of slight
physical injuries on Tecson et al:
○ Based on the medical ndings, it would appear that with the 2. Absent the Anti-Hazing Law, the Court deem it necessary to make
exclusion of the fatal wounds in icted by the accused Dizon a brief exposition on the underlying concepts shaping intentional
and Villareal, the injuries sustained by the victim as a result felonies, as well as on the nature of physical and psychological
initiations widely known as hazing.
a. A crime is not committed if the mind of the person performing the act equipped with a guilty mind — whether or not there is a contextual
complained of is innocent background or factual premise — they are still criminally liable for
b. As required of the other elements of felony, the existence of malicious intentional felony.
intent must be proven beyond reasonable doubt g. The infliction of psychological pressure is not unusual in the conduct of
c. Malicious intent is necessary in order for conspiracy to attach hazing.
→ Article 8 of the RPC "conspiracy exists when two or more persons → without proof beyond reasonable doubt, Dizon's behavior must not be
come to an agreement concerning the commission of a felony and decide automatically viewed as evidence of a genuine, evil motivation to kill
to commit it - interpreted to refer only to felonies committed by means Lenny Villa. Rather, it must be taken within the context of the fraternity's
of dolo or malice psychological initiation.
→ Here, a person performs an initial lawful deed; however, due to h. The existence of animus iniuriandi or malicious intent to injure not proven
negligence, imprudence, lack of foresight, or lack of skill, the deed results beyond reasonable doubt
in a wrongful act i. In order to be found guilty of any of the felonious acts under Articles 262
to of the Revised Penal Code, the employment of physical injuries must be
→ Verily, a deliberate intent to do an unlawful act, which is a requisite in coupled with dolus malus.
conspiracy, is inconsistent with the idea of a felony committed by means → As an act that is mala in se, the existence of malicious intent is
of culpa. fundamental, since injury arises from the mental state of the wrongdoer
d. The presence of an initial malicious intent to commit a felony is thus a vital → If there is no criminal intent, the accused cannot be found
ingredient in establishing the commission of the intentional felony of
guilty of an intentional felony.
homicide.
→ Being mala in se, the felony of homicide requires the existence of malice → in case of physical injuries under the Revised Penal
or dolo immediately before or simultaneously with the infliction of Code, there must be a specific animus iniuriandi or malicious intention to
injuries. Intent to kill — or animus inter cendi — cannot and should not do wrong against the physical integrity or well-being of a person, so as
be inferred, unless there is proof beyond reasonable doubt of such intent. to incapacitate and deprive the victim of certain bodily functions.
→ If death resulted from an act executed without malice or criminal intent j. Thus, having in mind the potential conflict between the proposed law and
the core principle of mala in se adhered to under the Revised Penal Code,
— but with lack of foresight, carelessness, or negligence — the act must Congress did not simply enact an amendment thereto.
be qualified as reckless or simple negligence or imprudence resulting in → Instead, it created a special law on hazing, founded upon the principle
homicide. of mala prohibita.
e. Hazing, as commonly understood, involves an initiation rite or ritual that → This dilemma faced by Congress is further proof of how the nature of
serves as prerequisite for admission to an organization
hazing — unique as against typical crimes — cast a cloud of doubt on
→ The "recruit," "pledge," "neophyte," "initiate," "applicant"— or any
whether society considered the act as an inherently wrong conduct or
other term by which the organization may refer to such a person — is
mala in se at the time.
generally placed in embarrassing or humiliating situations, like being
k. Court is constrained to rule against the trial court's nding of malicious
forced to do menial, silly, foolish, or other similar tasks or activities -- intent to in ict physical injuries on Lenny Villa, there being no proof beyond
usually involve physical or psychological suffering or injury reasonable doubt of the existence of malicious intent to in ict physical injuries
f. The presence of an ex ante situation — in this case, fraternity initiation rites or animus iniuriandi as required in mala in se cases, considering the
— does not automatically amount to the absence of malicious intent or dolus contextual background of his death, the unique nature of hazing, and absent
malus. If it is proven beyond reasonable doubt that the perpetrators were a law prohibiting hazing.
l. The collective acts of the fraternity members were tantamount to
recklessness, which made the resulting death of Lenny a culpable felony.

→ organizations owe to their initiates a duty of care not to cause them

injury in the process.
→ With the foregoing facts, we rule that the accused are guilty of reckless
imprudence resulting in homicide. Since the NBI medico-legal o cer
found that the victim's death was the cumulative effect of the injuries
suffered, criminal responsibility redounds to all those who directly
participated in and contributed to the infliction of physical injuries.
m. Criminal liability for the felony of reckless imprudence resulting in
homicide shall cover only accused Tecson, Ama, Almeda, Bantug, and
Dizon.
→ Had the Anti-Hazing Law been in effect then, these ve accused
fraternity members would have all been convicted of the crime of hazing
punishable by reclusion perpetua
→ Since there was no law prohibiting the act of hazing when Lenny died,
we are constrained to rule according to existing laws at the time of his
death.

SEPARATE OPINIONS:
CONCURRING: