By Erma Edera
A Manila court has found Aegis Juris Fraternity member John Paul Solano guilty of obstruction of justice in the fatal hazing of University of Santo Tomas law student Horacio "Atio" Castillo III Monday.
Manila Metropolitan Trial Court Branch 14 Judge Carolina Esguerra sentenced Solano to four years in prison for obstruction of justice but acquitted him of perjury or intentionally lying under oath.
John Paul Solano (ALI VICOY / MANILA BULLETIN)
Solano said he was never made to take an oath before the police officer and only signed an affidavit.
“That part of the first element of the offense that the accused made a statement under oath was not proven beyond reasonable doubt,” the court said.
This is the first conviction in the Atio Castillo hazing case.
Solano claimed he found Castillo’s body in a Tondo sidewalk and brought it to Chinese General Hospital. But barangay officials disputed his claim.
He later admitted lying to the police for fear of his life and liberty.
"His fear of being implicated in the death of Castillo is not imminent. Had accused spoken of the true incidents prior to bringing Castillo to the hospital, the matter would have been investigated first by the police before hailing him to court should they find that he acted in complicity with the others in bringing about Castillo's injuries," the court said.
“The fear which the accused claims to have overtaken him is not, in contemplation of law, as imminent as he believed, and is even speculative at that. Thus, his defense that he acted under the impulse of uncontrollable fear for his life or limb has no leg to stand on," the court added.
Despite his conviction, Solano remains free subject to the same conditions of his bail. He could also appeal the decision of the lower court.
Meanwhile, Castillo’s parents said the Court’s ruling is the “first step to a perfect conviction.”
“We are very happy with the conviction of obstruction. This is what we’ve been saying that they are guilty of obstruction, they concealed, they lied,” Minnie Castillo, Atio’s mother said after the judgment.
John Paul Solano (ALI VICOY / MANILA BULLETIN)
Solano said he was never made to take an oath before the police officer and only signed an affidavit.
“That part of the first element of the offense that the accused made a statement under oath was not proven beyond reasonable doubt,” the court said.
This is the first conviction in the Atio Castillo hazing case.
Solano claimed he found Castillo’s body in a Tondo sidewalk and brought it to Chinese General Hospital. But barangay officials disputed his claim.
He later admitted lying to the police for fear of his life and liberty.
"His fear of being implicated in the death of Castillo is not imminent. Had accused spoken of the true incidents prior to bringing Castillo to the hospital, the matter would have been investigated first by the police before hailing him to court should they find that he acted in complicity with the others in bringing about Castillo's injuries," the court said.
“The fear which the accused claims to have overtaken him is not, in contemplation of law, as imminent as he believed, and is even speculative at that. Thus, his defense that he acted under the impulse of uncontrollable fear for his life or limb has no leg to stand on," the court added.
Despite his conviction, Solano remains free subject to the same conditions of his bail. He could also appeal the decision of the lower court.
Meanwhile, Castillo’s parents said the Court’s ruling is the “first step to a perfect conviction.”
“We are very happy with the conviction of obstruction. This is what we’ve been saying that they are guilty of obstruction, they concealed, they lied,” Minnie Castillo, Atio’s mother said after the judgment.