MANILA – A Manila court has convicted law firm Lorna Kapunan of unjust vexation, sentenced her to 30 days in jail, and purchased to pay out P2 million in damages over statements she manufactured towards University of Santo Tomas Legislation dean Nilo Divina concerning the hazing of Horacio “Atio” Castillo III.
In a choice dated July 24, Manila Regional Demo Court docket Branch 11 established apart for grave abuse of discretion the earlier ruling of Metropolitan Trial Courtroom of Manila Department 17 Decide Karla Funtila-Abugan that acquitted Kapunan.
Decide Cicero Jurado, Jr. of the Manila RTC Br. 11 also ordered Kapunan to pay back P500,000 in attorney’s expenses.
WHAT Took place
The case stemmed from an job interview of Kapunan on ANC in Oct 2017.
Divina claimed Kapunan, who signifies the Castillo family members, maliciously accused him of having recruited Castillo to be part of the Aegis Juris Fraternity, of meeting with users of the fraternity right after the alleged hazing occurred, and of coddling fraternity associates who took aspect in the initiation rites.
Kapunan also utilized the time period “obstructionist to justice” in referring to Divina.
The Office of Justice, in March 2019, dismissed the libel and cyber libel problems filed by Divina from Kapunan, but indicted her for slander.
In January this 12 months, the Manila MeTC Br 17 acquitted Kapunan.
MANILA RTC RULING
Jurado, of the Manila RTC Br 11, mentioned that when an acquittal is ultimate and might not be appealed for the reason that of the constitutional rule in opposition to double jeopardy, it can be established apart in a petition for certiorari on the ground that the courtroom acted with grave abuse of discretion.
Evaluating Manila MeTC’s final decision, Jurado stated the reduced court’s final decision was “erroneous and certainly tainted with discrepancy” and disregarded the prosecution’s evidence.
“It is clear that [Kapunan’s] assertion is frustrating and vexatio[u]s to petitioner Divina. The time period ‘obstructionist’ is upsetting to him. But the courtroom a quo deemed the same to be unsubstantiated by evidence past realistic question,” Jurado mentioned.
“In result, as correctly pointed out by petitioner, the lessen court only parroted non-public respondent’s and her witnesses’ testimonies. Then it went into a sweeping ruling that there was no unjust vexation,” he spelled out.
Jurado stated it was not revealed in the Manila MeTC’s ruling that Divina recruited Atio, that the Atio household communicated with Divina concerning their son becoming a member of the fraternity, nor that he coddled frat members, pointing out that the Justice department dismissed the situation filed by the Atio loved ones versus Divina.
“[T]he ruling of the reduced court contravenes jurisprudence and the incredibly definition of unjust vexation,” he said.
Atio Castillo was killed throughout initiation rites of the Aegis Juris fraternity on September 17, 2017.
Ten UST learners are dealing with a hazing charge below Republic Act 8049, which carries a penalty of up to 40 several years in prison if the hazing resulted in loss of life.
In January this 12 months, a Manila courtroom denied their bail plea right after it found ample evidence that all of them took part in hitting and punching Atio, amid other functions, and that he died thanks to “severe blunt traumatic injuries” on “both upper limbs.”
In June 2019, one more Manila courtroom discovered one Aegis Juris fraternity member responsible of obstruction of justice immediately after he lied about acquiring observed the legislation freshman’s body on a sidewalk. John Paul Solano, who brought Atio’s human body to a medical center, was sentenced to up to 4 many years, 2 months and 1 working day in prison.
Abdominal muscles-CBN News has attained out to Kapunan and Divina for remark, and has but to get a reply as of posting time.
Lorna Kapunan, Nilo Divina, unjust vexation, Atio Castillo, Horacio Castillo III, UST, University of Santo Tomas, hazing, fraternity, Aegis Jvris, Aegis Juris