MANILA- The Department of Justice (DOJ) has upheld the junking of the criminal case against University of Santo Tomas Civil Law Dean Nilo Divina and other trustees of the Aegis Jvris Foundation, Inc. over the alleged hazing death of freshman law student Horacio “Atio” Castillo III.
The justice department dismissed the petition for review filed by Castillo’s parents, Horacio Jr. and Carminia “for late filing,” said Justice Secretary Menardo Guevarra.
The review resolution, signed by former Justice Undersecretary Antonio Kho, Jr., pointed out 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.”
Under the Rules of the DOJ National Prosecution Service, appeals shall be filed within 15 days from receipt of resolution.
In the case of the Castillos, they alleged that they received a copy of the DOJ’s assailed resolution on March 15, 2018.
They then filed a motion for extension of time to file their appeal for 15 more days or up to April 14, 2018. On April 16, 2018, they again sought another extension of 5 more days, or until April 19, 2018.
On April 19, 2018, or 35 days after receipt of the resolution, their appeal was finally filed.
“We are constrained to dismiss appellants’ petition by reason that their appeal was clearly filed out of time," the resolution stated.
The 22-year-old Castillo passed away at the Chinese General Hospital on Sept.17 after he went through fatal hazing rites under the Aegis Jvris fraternity.
Ten members of the fraternity have been indicted for violating the anti-hazing law, and are now detained at the Manila City Jail.
Another Aegis Jvris member, John Paul Solano, was also indicted for perjury and obstruction of justice.