Dungo vs.

People
GR No. 209464
July 1, 2015

FACTS:

Sometime in 20016, the Alpha Phi Omega Fraternity in conspiracy with more or less twenty other
members and officers conducted initiation rite. MARLON VILLANUEVA y MEJILLA, a neophyte was
subjected to physical harm. After the initiation rites, accused Sibal inquired about Villanueva's condition
but he was ignored by Castillo. He then called co accused Dungo for help. After Dungo arrived at the resort,
they hailed a tricycle and brought Villanueva to JP Rizal Hospital. There, he gave a false name to the
security guard as he heard that Dungo had done the same.

RTC found Dungo and Sibal guilty of the crime of violating the Anti-Hazing Law.

ISSUE:

Whether or not herein accused is guilty of the aforesaid crime, despite the fact that both merely assisted
the victim to the hospital.

Yes. Under R.A 8049, if the person subjected to hazing or other forms of initiation rites suffers any physical
injury, or dies as a result thereof, the officers and members of the fraternity or sorority who actually
participated in the infliction of physical harm shall be liable as principals. Another class of participation
are officers or members of an organization group, fraternity or sorority who knowingly cooperated in
carrying out the hazing by inducing the victim to be present thereat due to their indispensable
cooperation in the crime by inducing the victim to attend the hazing.

In this case, the participation of the offenders in the criminal conspiracy can be proven by the prima facie
evidence due to their presence during the hazing, unless they prevented the commission of the acts
therein.