By Camille A. Aguinaldo

A SENATE report released Wednesday, Jan. 24, recommends the disbarment of University of Sto. Tomas (UST) Civil Law Dean Nilo T. Divina along with 18 other members of the Aegis Juris fraternity in connection with the death of hazing victim Horacio T. Castillo III in September last year.

In Committee Report No. 232 released Wednesday, the Senate committee on public order and dangerous drugs as well as the committee on justice and human rights pointed out that Mr. Divina had shown bias for the fraternity. The report also asked Mr. Divina to resign because his position in the university “posed a threat towards having a thorough investigation of the matter.”

“If the Dean had the courtesy to take a leave of absence from the fraternity so as not to lead under a cloud of bias in favor of his fraternity brothers as he claims to be, with more reason for him to humbly step down as Dean and let the investigation takes its course,” the report stated.

The committees also rejected Mr. Divina’s assertion that there was no oversight on his part when he handled Mr. Castillo’s case. It also pointed out that the university dean had passed the blame on others.

Sought for comment, Mr. Divina maintained that his conscience was clear, saying that he did all he could have done to prevent incidents of hazing during his watch.

“It is clear that the Senate recommendation to file a disbarment case against the lawyers involved was hinged on the condition that said lawyers had knowledge of the incident and failed to report to the authorities. Without such knowledge and having consistently cooperated with the authorities, I completely trust that I will not be unfairly dragged into any such case,” he said in a statement also on Wednesday.

Addressing the committee’s concern over his bias toward the fraternity, Mr Divina said: “I understand that as a Dean who happens to also be a member of the Fraternity, all my actions, despite conscious efforts on my part to be totally impartial, will naturally be subjected to extraordinary scrutiny.”

“I will never allow the wrongdoings of some and the unfair accusations of a few to get in the way of my fulfilling my job as Dean. I regret with all my heart what had happened to Atio but a wrong can not be rectified by another injustice,” he added.

Senator Panfilo M. Lacson, who chairs the committee on public order and dangerous drugs, took to the plenary to call the Supreme Court’s attention to the committee report as reference in the disbarment proceedings against the members of the fraternity.

“It is undeniable that these lawyers have lost their moral fabric and became undeserving to be part of this noble and dignified profession,” Mr. Lacson said in his sponsorship speech on the committee report during Wednesday’s session.

Mr. Lacson also raised UST’s failure to exercise due diligence in its implementation of Republic Act 8049 or the Anti-Hazing law.

The Senate committees also asked the university to look into possible violations of its officials and employees and impose sanctions.

The report concluded that Mr. Castillo died due to hazing and that several fraternity members tried to cover up his death.

The series of legislative inquiries on Mr. Castillo’s case also led to proposed amendments to the Anti-Hazing Law enumerated in the committee report, which included harsher penalties, an expanded definition of hazing, and a broadened scope of hazing prohibition.

On Tuesday, the House of Representatives approved on third and final reading a bill imposing a total ban on hazing, reported interaksyon.com. The bill seeks to replace the current law to put in place a tougher measure.

The Senate also recommended the Department of Justice (DoJ) to “conduct a thorough verification of facts” regarding fraternity member Marc Anthony Ventura, who sought the department’s Witness Protection Program last year. Further investigation on the attempted cover-up of fraternity members was also sought.

It also urged the Commission on Higher Education (CHEd) to modify its memorandum on hazing and impose stricter penalties.

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