Case Summary (G.R. No. 151258)
Procedural Background
• 1993 – RTC Branch 121 convicts 26 accused of homicide under Article 249, RPC.
• 2002 – CA (CA-G.R. CR No. 15520) modifies RTC verdict: nineteen acquitted, four (Almeda, Ama, Bantug, Tecson) found guilty of slight physical injuries, two (Dizon, Villareal) convicted of homicide.
• 2006 – CA dismisses charges against Escalona et al. for speedy-trial violation (CA-G.R. S.P. Nos. 89060 & 90153).
• 2012 – Supreme Court modifies CA decisions: all five (Dizon, Almeda, Ama, Bantug, Tecson) convicted of reckless imprudence resulting in homicide (Art. 365, RPC); acquittals and dismissals of others affirmed.
• Post-2012 – Petitions for Partial Reconsideration by Villa, for Reconsideration by the OSG, and for Clarification by Tecson et al.
Issues Presented
- Whether the CA gravely abused its discretion in dismissing the case against Escalona et al. for violation of the right to speedy trial.
- Whether the penalty for Tecson et al. should have been assessed as an intentional felony (dolo) rather than felony by negligence (culpa).
- Whether Tecson et al.’s applications for probation and subsequent discharge by RTC Branch 130 conclusively terminated their criminal liability.
Denial of Motion for Partial Reconsideration by Gerarda H. Villa
This Court reaffirmed that the CA’s dismissal of Escalona et al. amounted to an acquittal for speedy-trial violation and did not constitute grave abuse of discretion. Absent proof of a “patent and gross abuse of authority” or “in excess of jurisdiction,” the CA’s findings are upheld under Rule 65 jurisprudence. Villa’s motion was therefore denied with finality.
Denial of Motion for Reconsideration by the OSG
The OSG’s argument that gravity of negligence transmutes culpa into dolo was rejected. Under the classical theory of mens rea, malice (dolus malus) must be proven beyond reasonable doubt to establish an intentional felony. Reckless imprudence resulting in homicide (Art. 365, RPC) prescribes arresto mayor to prisián correccional. The Court held that no malicious intent (animus interficendi or animus iniuriandi) was established; hence, the original imposition of penalties under Article 365 stands, and the OSG’s motion was denied.
Clarification on Penalty Classification under the Revised Penal Code
The Court corrected a typographical error in its 2012 dispositive paragraph by deleting the phrase “and one (1) day” from the minimum term. The indeterminate sentence now reads four (4) months of arresto mayor (minimum) to four (4) years and two (2) months of prisián correccional (maximum), pursuant to the Indeterminate Sentence Law. Accessory penalties under Articles 40–45 and 73, RPC attach accordingly: suspension from public office and profession for the duration of the unadjusted four-year, two-month term, plus perpetual disqualification from suffrage if imprisonment exceeds eighteen months.
Voidance of Probation Proceedings for Lack of Jurisdiction
RTC Branch 130’s Orders granting probation to Almeda, Ama, Bantug, and Tecson were annulled. Two independent jurisdictional defects were identified:
- Probation Law (P.D. 968, Sec. 4) requires applications to the trial court of conviction (Branch 121, not Branch 130).
- At the time of filing, the complete records were pending before the CA on motions for reconsideration, effectively divesting the RTC of jurisdiction under Rule 124, Sec. 17 and Articles 78–88, RPC.
All probation orders, discharges, and terminations iss
Case Syllabus (G.R. No. 151258)
Procedural History
- Consolidation of five petitions under G.R. Nos. 151258, 154954, 155101, 178057 & 178080, all stemming from the death of Leonardo “Lenny” Villa due to fraternity hazing.
- A February 1, 2012 Decision of the Supreme Court modified the Court of Appeals (CA) judgments in CA-G.R. CR No. 15520, finding Fidelito Dizon, Antonio Mariano Almeda, Junel Anthony Ama, Renato Bantug, Jr., and Vincent Tecson guilty of reckless imprudence resulting in homicide.
- The SC also affirmed the CA’s dismissal of charges against Manuel Escalona II, Marcus Joel Ramos, Crisanto Saruca, Jr., and Anselmo Adriano for violation of the right to speedy trial.
- Motions for clarification or reconsideration were filed by:
- Gerarda H. Villa (pertaining to the CA’s dismissal for speedy-trial violation)
- The Office of the Solicitor General (OSG) (challenging the imposition of penalty and the acquittal of Victorino et al.)
- Respondents Almeda, Ama, Bantug, and Tecson (seeking clarification on their probation and the finality of the CA verdicts).
- A Resolution was promulgated on December 1, 2014, resolving these outstanding motions.
Facts
- In February 1991, seven neophyte law students of Ateneo Law School signified their intention to join the Aquila Legis Juris Fraternity.
- On February 8–9, 1991, these neophytes were subjected to traditional Aquila hazing rites at Michael Musngi’s house and the Almeda compound in Caloocan City, including:
- Indian Run (running a gauntlet of blows)
- Bicol Express (Aquilan members jumping on outstretched legs)
- Rounds (auxiliaries holding neophytes while hit with fists and knees)
- Auxies’ Privilege Round (additional infliction of pain by auxiliaries)
- On the second night, non-resident members Fidelito Dizon and Artemio Villareal insisted on resuming the rites, resulting in further paddling and beatings.
- Leonardo Villa collapsed in extreme pain and difficulty breathing, was rushed to the hospital, and was pronounced dead on arrival.
- Criminal Case No. C-38340(91) charged 35 fraternity members with homicide; 26 were jointly tried and found guilty, and nine faced separate proceedings.
- The RTC (Branch 121, Caloocan) convicted 26 accused of homicide under Article 249, RPC, sentencing them to reclusion temporal.
- On appeal in CA-G.R. CR No. 15520, the CA set aside conspiracy, individualized liability, acquitted 19 (Victorino et al.), found Tecson et al. guilty of slight physical injuries, and found Dizon and Villareal guilty of homicide.
- A separate CA decision in CA-G.R. S.P. Nos. 89060 & 90153 dismissed c