MANILA, Philippines — Arvin Balag, believed to be Aegis Juris Fraternity's president, insisted he could not be held liable for the death of neophyte Horacio "Atio" Castillo III due to the complainants' failure to prove that he participated in the brotherhood's initiation rites.
In his counter-affidavit filed before state prosecutors Monday, Balag said allegations made against him are "not equivalent to proof," adding that his "presence nor participation" in the fatal initiation rites of Aegis Juris Fraternity was not proven by complainants.
Murder, anti-hazing, robbery and obstruction of justice raps were filed against Balag and several other members of Aegis Juris Fraternity for the death of Castillo. Two separate raps were filed by the Manila Police District and the Castillo's parents.
Balag pointed out that the complainants "presented no witnesses stating my actual direct participation to the supposed illegal hazing done to Atio as a neophyte of Aegis Juris Fraternity."
"It is self-serving and purely hold speculative accusation in the absence of specific allegation of facts in the complaint showing my participation in the commission of the subject offenses," he added.
Balag denies being part of purported Facebook conversation
Balag also denied being part of the Facebook conversation that discussed how to handle the death of Castillo.
"I hereby categorically and specifically deny that I have any knowledge or that I am a party in the conversation mentioned in the 'screenshots of conversation' derived from Facebook," Balag said.
After the denial, he then proceeded to argue that the screenshots could not be considered as admissible evidence as they were not "properly authenticated."
Balag also decried that his "constitutionally guaranteed right to privacy of communication and correspondence" was violated due to the screenshots.
During the Senate's hearing on Castillo's case, MPD's Supt. Joel Coronel showed two threads of Facebook conversations among the Aegis Juris Fraternity members and some alumni discussing how to proceed with the death of Castillo. He added that the screenshots were already being authenticated by the authorities.
Coronel said the conversations prove that the members intended to evade prosecution.
'Heart condition, not hazing, killed Castillo'
The fratman also cited the same defense used by his co-respondents John Paul Solano and Alexander Hipe in their earlier filed counter-affidavit.
Balag insisted that the medico-legal report stated that Castillo died with "grossly normal" kidney, which meant that the injuries he might have sustained due to hazing did not kill him.
"Simply put, there is no finding in any manner whatsoever that [Castillo] suffered multiple organ failure which is the reported common cause of death from hazing. Thus, the most likely proximate cause of the death of [Castillo] is cardiac arrest because of HCM, and not due to hazing," his counter-affidavit reads.
Justice Secretary Vitaliano Aguirre II, in a news conference last week, detailed the final grueling hours of Castillo in the hands of his would-be fraternity brothers.
Citing the sworn affidavit of witness Mark Ventura, Aguirre said that Castillo was punched for about an hour until his arms were black and blue and swollen.
It was also revealed that members of the fraternity took turns hitting Castillo with a paddle until he collapsed.
Balag is currently detained at the Senate after Sen. Grace Poe moved to cite him in contempt for repeatedly refusing to answer her questions on whether he heads the fraternity.