By JEFFREY G. DAMICOG
The Department of Justice (DoJ) upheld its ruling excluding University of Sto. Tomas (UST) civil law dean Nilo Divina and several others from criminal indictment in the death of hazing victim Horacio Tomas “Atio” Castillo III.
Justice Secretary Menardo Guevarra confirmed yesterday that the DoJ has issued a resolution denying the petition for review filed last April 19 by Atio’s parents, Horacio Jr. and Carminia.
“It was dismissed for late filing,” said Guevarra.
The parents filed the petition review in response to the March 6 ruling of the DoJ which ordered the filing of criminal charges against 11 members of the Aegis Juris fraternity but cleared 24 others including Divina and other members of the Aegis Juris fraternity due to lack of probable cause and insufficiency of evidence.
In a resolution dated July 5 over Castillos’ petition for review, the DoJ explained it is “constrained to dismiss Appelants’ Petition by reason that their appeal was clearly out of time.”
“Settled is the rule that the right to appeal may be exercised only in the manner and in accordance with the provisions of the law or pertinent rules of procedure. The party who seeks to avail of the same must comply with the requirements of the law or rules.
Failing to do so, his appeal will be dismissed,” read the resolution signed by then Justice Undersecretary and now Commission on Elections (Comelec) Commissioner Antonio Kho.
“Accordingly, the instant Petition should be denied due course for failure to comply with the requirements on appeal,” he pointed out.
Atio, a UST law student, died after undergoing initiation rites conducted by Aegis Juris fraternity members on Sept.17, 2017.
