BY DOMINIQUE GABRIEL G. BAÑAGA
BACOLOD City – Three persons charged in the hazing and death of a Grade 10 student in San Enrique, Negros Occidental last September 2021 have been arrested.
The suspects were 19-year-old Johnrey Ermisillas; 25-year-old Neil John Villarde; and 30-year-old Rexie Daylosan, all residents of the town’s Barangay Guintoliran.
The Grade 10 student was 18-year-old Mark Lester Miranda of the Doña Hortencia Salas Benedicto National High School in La Carlota City, Negros Occidental and resident of Barangay Guintoliran.
The warrant of arrest was released last Dec. 8, 2021, said San Enrique deputy police chief, Police Lieutenant Sammy Gasataya.
The suspects were specifically charged with violating Section 3 in relation to Section 14(a) of Republic Act 11053 or the Anti-Hazing Law.
The arrest warrant was signed by Judge Mary Jennifer Archies, assistant judge of the 6th Judicial Region, Branch 62.
The case is non-bailable.
On the night of Sept. 3, 2021 Miranda celebrated his 18th birthday; he was brought to another place where he was to be paddled as part of the initiation rites in joining the suspects’ fraternity.
A few days after, Miranda’s family noticed that he was limping and on Sept. 8 he suddenly became unwell and was rushed to a hospital .
Prior to his death on September 9, the victim was able to explain to his mother why he was having a fever and revealed that he had been paddled on Sept. 3.
It was also reported that on March 3 of the same year, there was an earlier attempt to paddle Miranda as part of the initiation rites, however, it was canceled after it was discovered that he was still a minor.
An autopsy by the locality’s Municipal Health Officer Dr. Fritzi Juanillo showed Miranda with hematoma on his lower buttocks.
Gasataya said Miranda’s statements to his mother before he expired could be considered as a “dying declaration” and may be used in court.
In a separate radio interview via Brigada News FM-Bacolod yesterday morning, Atty. Cesar Beloria Jr., explained the “dying declaration” is exempted from the “hearsay rule” and it is enough evidence for the charges to be filed against the three.
Even if the suspects were to claim that they do not have any intention to kill Miranda, they cannot use it as a defense citing provisions in the anti-hazing law.
“Intent is no longer a defense nga wala ka-intent to kill or manakit kay part sang proseso, regardless sang intent. Hazing is punishable; it is deemed a heinous crime,” said Beloria./PN
