(Eagle News) — Aegis Juris fraternity leader Arvin Balag has asked the Department of Justice to dismiss the charges in connection with the death of Horacio Castillo III filed against him, arguing that there was no proof the University of Sto. Tomas law freshman was subjected to hazing in the first place.
In his counter-affidavit filed before the DOJ on Monday, Balag said he “could not in any way be held liable for violation of Republic Act 8049 (Anti-Hazing Law) since there is no evidence whatsoever that Atio was placed in some embarassing or humiliating situation or subjected to physical or psychological suffering or injury as a prerequisite for admission or entry to an organization…”
He added that the qualifying circumstance of “abuse of superior strength” in the offense of murder “cannot be appreciated in the instant case..”
He said this was because “no witness saw how the alleged killing was perpetrated.”
“There was also no proof that the death of Atio was attended by a relative disparity in physical characteristics, usually translating into the age, gender, the physical size and the strength of the aggressor and the victim,” Balag said, noting also that “superiority in number does not necessarily amount to the qualifying circumstance..”
As for the qualifying circumstance of “employing means to weaken the defense, means or persons to insure or afford impunity” in the same offense, Balag said it “cannot also be appreciated because of the fact that no proof of evidence was presented by the complainants that the same exist in the instant case.”
Without admitting ownership of the vehicle found near the fraternity library, where the hazing rites were believed to have taken place, Balag said the discovery of such “does not equate to the commission of hazing or murder without any supporting proof of evidence.”
Pre-existing heart condition
Like primary suspect John Paul Solano, Balag noted that Castillo had a pre-existing heart condition called hypertrophic cardiomyopathy, an allegation the victim’s parents have already denied.
Balag also denied knowledge or participation in the Facebook group chats that police said showed suggestions from some fraternity members aimed at covering up Castillo’s death.
He said that even if these were authenticated and true, the retrieval of such constituted a violation of his right to privacy.
The messages were therefore inadmissible in evidence, he said.
Authorities said Castillo died of a heart attack caused by massive trauma which was the result of injuries sustained during the fraternity hazing rites on Sept. 17.
