Case Summary (G.R. No. 227777)
Procedural History
All accused pleaded not guilty to the original Information. The only amendment added the suffix “III” to the victim’s name. No second arraignment occurred. Trial testimony comprised Dordas’s detailed account and Villarba’s general denial of harmful conduct. The RTC found Villarba guilty and imposed a prison term of 10 years and 1 day to 12 years, plus damages. The Court of Appeals denied Villarba’s appeal.
Court of Appeals Ruling
The appellate court held that (1) omission of the “prerequisite for membership” language in the Information did not deprive Villarba of fair notice, (2) the name correction was a mere formal amendment not warranting re-arraignment, and (3) Dordas’s testimony was credible despite minor discrepancies.
Issues on Review
- Whether amending the Information’s victim’s name was a substantial amendment requiring re-arraignment.
- Whether the Information was void for failing to allege that hazing was a prerequisite to membership.
- Whether the evidence sufficed to convict Villarba of violating the Anti-Hazing Act.
Formal Amendment Doctrine
Under Rule 110, Section 14, formal amendments—those not altering the offense’s nature, theory of prosecution, or accused’s defenses—do not require re-arraignment. Adding “III” to the victim’s name merely refined an existing allegation, did not introduce new facts or prejudice Villarba, and thus was a formal amendment exempt from second arraignment.
Sufficiency of the Information
Due process requires that an accused know the nature and cause of the accusation through specific factual allegations. Rule 110, Section 6 mandates inclusion of the accused’s name, statutory designation, factual acts constituting the offense, victim’s name, date, and place. The Information identified the fraternity context, hazing acts, the victim as a “recruit,” and the physical and psychological injuries sustained. Although it did not verbatim quote the “prerequisite for membership” phrase from RA 8049, its factual recital—referencing initiation, recruitment, and fraternity membership—adequately apprised Villarba of the charge.
Credibility and Sufficiency of Evidence
The trial court’s and appellate court’s acceptance of Dordas’s direct, detailed testimony is entitled t
...continue readingCase Syllabus (G.R. No. 227777)
Facts of the Case
- Omar Villarba, then fraternity chairperson of the Junior Order of Kalantiao at Central Philippine University, recruited Wilson Dordas (later corrected as Wilson Dordas III) in August 2001.
- Dordas underwent written, psychological, and physical examinations before hazing activities commenced.
- Preliminary hazing tasks on campus included jogging with tied feet, performing yoga and karate routines, modeling poses, shouting while running, and singing before strangers.
- On September 15, 2001, at Racrap Beach Resort, recruits were forced to eat rice mixed with hot peppers; those who failed to finish were punished by chewing peppers.
- Recruits passed through stations requiring recitations of the organization’s preamble; failures led to jogging, crawling, climbing coconut trees, wax drippings, slaps, and use of Dordas’s hand as an ashtray.
- Dordas was blindfolded, led to a cottage, held by members, and punched—once while blindfolded in the waist, then twice after he partially freed himself—resulting in liver damage and 90-day confinement following surgery.
Procedural History
- 2003: Villarba and 20 co-accused were charged under Republic Act No. 8049 for hazing; original Information alleged conspiracy to subject Dordas to hazing causing over 90 days’ incapacity.
- Arraignment under the original Information; all accused pleaded not guilty.
- Pre-trial and trial proceeded; prosecution presented Dordas’s testimony, defense witnesses—including Villarba—denied physical harm beyond exercises.
- Original Information was formally amended to add the suffix “III” to the victim’s name; no second arraignment occurred.
- November 14, 2006: RTC convicted Villarba et al., sentencing them to an indeterminate term of prision mayor (10 years + 1 day to 12 years)