By Minka Klaudia Tiangco
A Manila Metropolitan Trial Court (MTC) acquitted Attorney Lorna Patajo-Kapunan, the principal lawyer in the Horacio Castillo III hazing case, of unjust vexation charges filed against her by University of Santo Tomas (UST) Civil Law Dean Nilo Divina.
(Flickr / MANILA BULLETIN)
Manila MTC Branch 17 Presiding Judge Karla Funtila-Abugan said the prosecution failed to prove Kapunan's guilt beyond reasonable doubt.
In December 2018, Kapunan was indicted by the Department of Justice for her seemingly derogatory remarks against Divina in an interview with The Varsitarian, UST’s official campus publication.
In the interview, she claimed the UST Law dean knew about Castillo's hazing but did not do anything about it, which Divina denied. "The dean should come forward and not be an obstructionist to justice because no one is above the law," she said.
Divina claimed that Kapunan's statement caused him "serious vexation, mental anguish, and sleepless nights." He also said his reputation, family, and friends were affected as well.
But in a decision dated Jan. 2 that was obtained by the media on Wednesday, Abugan said "there is a possibility, no matter how slight or remote, that the statement was uttered in good faith and with good intentions."
"When used by the accused in her interview with The Varsitarian, obstructionist was preceded by the words 'not be', which provides a different interpretation had the preceeding words used were 'is an' or 'being an'. The former refers to a future or possible event or situation while the latter pertains to a present or current status or situation," the decision read.
"This combination of words and the interpretation it renders as a whole casts doubt as to the intent of the accused to put Dean Divina in a bad light."
The court also said that the mere fact that the Castillo family confirmed that they availed of Kapunan's legal services means she was authorized "to exhaust all possible means within the bounds of law to help her clients attain the answers they seek and pursue the justice they deserve.”
Additionally, Kapunan was absolved of civil liability since the prosecution failed "to establish by preponderance of evidence the accused's statement constitutes a culpable act of vexing Dean Divina."
However, Abugan reminded both parties to refrain from using "abusive, offensive, or otherwise improper" language in professional settings.
"Parties obtain the services of counsel because they are beholden to them to advance their cause for justice and to protect their interest. This responsibility is the very reason why lawyers are mandated to observe the canons of professionalism, so that their actions whether in or out of court are effected with courtesy, fairness, and candor," the decision read.
"Hence, let the disposition of this case serve as an exercise of the Court's equal duty to refrain from and be cautious in using language that is abusive, offensive, or otherwise improper in all their professional dealings so that unnecessary impediments in the performance of their legal duties and appropriate sanctions from the courts may be avoided."
Kapunan welcomed the ruling and was unfazed by Divina's reported plan to appeal the reversal of the ruling.
In a text exchange with The Varsitarian, Divina said he will "exhaust all legal remedies to set aside what we believe is an erroneous judgment."
"An acquittal is final and executory and not subject to appeal," Kapunan said in a text message to reporters.
"Atio Castillo's parents (Minnie and Toti) and I are grateful that all three cases filed against me by Dean Divina have been dismissed by the various courts," she added. "We can now pursue without distraction justice for the vicious and untimely death of their son Atio from fraternity hazing."