MANILA, Philippines — The parents of 10 Aegis Juris fraternity members charged in the hazing death of freshman law student Horacio “Atio” Castillo III yesterday appealed to the National Bureau of Investigation (NBI) to keep custody of their sons and not turn them over to the Manila Police District (MPD).
In a letter reportedly sent to NBI Director Dante Gierran, the fratmen’s parents said the MPD is one of the complainants in the case and “cannot be an objective and independent custodian of our children, thereby posing an imminent danger to the lives of our children.”
Mhin Wei Chan, Jose Miguel Salamat, John Robin Ramos, Marcelino Bagtang Jr., Arvin Balag, Ralph Trangia, Axel Munro Hipe, Oliver Onofre, Joshua Joriel Macabali and Hans Matthew Rodrigo surrendered last Friday, less than 24 hours after Manila Regional Trial Court Branch 40 Judge Alfredo Ampuan issued a warrant for their arrest.
All 10 fratmen are being held at the NBI detention facility pending the court’s commitment order.
Their parents are set to file a motion before the court on Monday to allow them to continue being under the NBI’s custody.
NBI public information office chief Nick Suarez, told The STAR that Gierran has not received a copy of the letter.
A source, however, said the letter was addressed to the NBI’s general services division and has not reached Gierran’s office.
Warrantless arrest?
In the letter, Trangia’s parents claimed MPD personnel forcibly entered their house Thursday evening to arrest their son but had no arrest or search warrant.
The Trangias said they intend to file “appropriate criminal and administrative complaints with the Ombudsman for Military and Other Law Enforcement Agencies (MOLEA) against the MPD operatives and their officials.”
MPD spokesman Superintendent Erwin Margarejo said they will abide by the court’s decision.
However, MPD legal counsel Superintendent Rico Betic said the parents’ reference to the danger posed by being in the MPD’s custody is uncalled for and has no basis because the city jail, not the MPD, will take custody of the accused “once the court issues a commitment order.”
As for the filing of charges with the MOLEA, Margarejo said it is the right of the accused, but noted that he has not received any report that such an incident happened at the Trangias’ house in Bulacan.
Judge inhibits
Ampuan has inhibited himself from the case after three fratmen – Salamat, Ramos and Rodrigo – filed a motion for him to withdraw from the case.
The fratmen said Ampuan is a “brother-in-law of Volunteers Against Crime and Corruption (VACC) founder Dante Jimenez, who assisted the Castillos during the preliminary investigation.”
In his resolution dated March 23, Ampuan recused himself and ordered the case reraffled “considering that the accused and their lawyers believe he is acting with bias against them.”
“The presiding judge indeed sees no reason for him to inhibit from the case,” Ampuan said in his resolution, citing the Supreme Court’s warning against asking judges to inhibit so litigants could find another “who is more friendly and sympathetic to their cause.”
Ampuan also took exception to the claim that his relationship with Jimenez would sway his judgment on the case.
He said the mere imputation of bias is insufficient ground for inhibition.
“Extrinsic evidence must be presented to establish bias, bad faith, malice or corrupt purpose, in addition to palpable order which may be inferred from the decision or order,” the resolution stated.