ERWIN N.

DAVID
JD 1-1

REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
DIVISION II, CITY OF MANILA

JUAN DELA CRUZ,

Accused-Appellant,

- versus CA-GR. No. 0715-M

For: Violation of Anti-Hazing Law

PEOPLE OF THE PHILIPPINES,

Plaintiff-Appellee.

x-------------------------------------x

BRIEF FOR APPELLANT

Accused-Appellant, by counsel, and to this Honorable Court

respectfully files his brief for the appellant.

PREFATORY STATEMENT

An obvious violation and disregard of the right to due process

was committed against the defendant-Appellant in this case.
Through this appeal, accused-appellant assails the judgement
made by Judge Pedro Cruz of the Regional Trial Court, 12th Judicial
Regional Branch 15, Quezon City dated on August 15 2017 finding him
guilty beyond reasonable doubt of Murder in violation of Republic Act
8049 or Anti Hazing Law which is based on mere allegations not
supported by evidence sufficient to draw a conclusion so as to comply
with Sec. 14, Article VIII of the Constitution which states that:
Section 14. No decision shall be rendered by any
court without expressing therein clearly and distinctly the
facts and the law on which it is based.
ERWIN N. DAVID
JD 1-1

No petition for review or motion for reconsideration of a

decision of the court shall be refused due course or denied
without stating the legal basis therefor."

THE PARTIES

JUAN DELA CRUZ is the appellant as represented by David,

Rocamora and Associates where process and notice from this court may
be served Building 130 Aurora Blvd, Quezon City, while THE PEOPLE
of the PHILIPPINES is the appellee as represented by the Office of the
Solicitor General

TIMELINESS OF THE APPEAL

Accused-appellant received on Aug 16 2017 the Decision of the

Regional Trial Court dated Aug 15 2017. A Notice of Appeal was timely
filed on Aug 20 2017. Accused received on Aug 25 2017 the Order from
the Court of Appeals directing him to file his Appeal Brief within
fifteen (15) days from receipt. Hence, this timely compliance.

I
STATEMENT OF FACTS

l.1 JUAN DELA CRUZ is a twenty-three (23) years old man, a second
year student of College of Law in Pamanstasan ng Lungod ng Quezon
and one of the leaders of the Beta Gamma Big Bang fraternity and that
SHELDON AQUINO is a member;

1.2 On June 10, 2017, the said fraternity announced through text
message the schedule for their final initiation rites dated June 24, 2017,
Saturday at 11:00pm to be held at the basement of Ninoy Aquino
Building inside the mentioned school;

1.3 On June 24, 2017, accused-appellant attended his last class in

Criminal Law with schedule of 6:00-9:00 PM whose professor is Atty,
Aquilino Silva and that after the class, despite the last minute text of
their fraternity leader reminding the final initiation rite, accused-
appellant went to the house of his classmate to finish their group project
in Legal Writing;
ERWIN N. DAVID
JD 1-1

1.4 On the date and time of the alleged commission of the offense
charged, the accused-appellant was engaged with his school works in
the house of his classmate named John Dwayne Jugo in 115 Proj 3
Anonas Quezon City;

1.5 At around 2:00am of June 25, 2017 Sunday, accused-appellant

received a call from his fraternity leader named JAESAN DULANA also
known as LEADER GAMMA ordering him to go to the place of
initiation rite or else he will be kicked out from the group;

1.6 At around 2:30am of June 25, 2017 Sunday, accused-appellant

arrived at the initiation site first seeing two of his co-members outside
the door named SIEGFRED COLLADA and MAXSEH MAGNO, and
upon entering the basement, he saw SHELDON AQUINO in the floor
with blood and bruises in his lower thigh and shoulders, and LEADER
GAMMA ordered him to dispose the body threatening accused-appellant
that he can make the other member beat him if he did not follow;

1.7 Assisted by SIEGFRED COLLADA and MAXSEH MAGNO,

accused-appellant dragged the body which he confirmed lifeless into a
truck and buried in an isolated forest at Tanay Rizal.

II
ASSIGNMENT OF ERRORS

The trial court committed the following errors:

1. The prosecutions evidence is insufficient to prove

the guilt of the accused-appellant beyond reasonable
doubt; and

2. The prosecution failed to establish a conspiracy

between JUAN DELA CRUZ, and other members of
the Beta Gamma Big Bang fraternity.

III
ARGUMENTS

1. The prosecutions evidence is insufficient to prove the guilt

of the accused-appellant beyond reasonable doubt;
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JD 1-1

It is the Constitutional right of the appellant that every

circumstance favoring the innocence of the accused must be duly
taken into account. Thus it is the sole duty of the prosecution to
present evidence sufficient to prove the accused guilt beyond
reasonable doubt. The evidence presented by the prosecution
however in this case, is insufficient and has been clearly rebutted
by countervailing proof, as shown in the alibi, by appellant.

a. No evidence showing his presence during the initiation

rite.

The accused appellants presence and actual contribution

during the hazing held by Beta Gamma Big Bang fraternity
was not proven by evidence beyond reasonable doubt. The
testimonies of the other accused, DULANA, COLLADA and
MAGNO does not concur with the testimonies of JUGO, Atty.
SILVA and Mrs. JUGO, therefore, cannot be taken as positive
and enough evidence. Further, more evidence and pointing that
accused appellant was physically impossible to be present in
the scene during the time of committing the crime.

f. Alibi.

Accused was physically impossible to commit the

crime of murder through violation of hazing law or to
conspire with the other accused. On June 24 he was busy
engaged in making his project in Legal Writing. This was
corroborated by Roberta Jugo, mother of one of his
classmate who provided their needs that night. She testified
that accussed-appellant arrived their home at 9:30 pm and
left their home around 2:00 a.m. the next morning.

2. The prosecution failed to establish a conspiracy between

JUAN DELA CRUZ, and other members of the Beta Gamma
Big Bang fraternity.

The prosecution failed to establish the presence of the

necessary requisites in order for conspiracy to exist namely:
ERWIN N. DAVID
JD 1-1

a. There must be an agreement or meeting of the minds

pertaining to the commission of the crime.
There was no meeting of the minds because accused-
appellant did not attend the initiation rites nor reply a
confirmation in the text message of his acceptance to attend
the initiation.

b. The conspirators must have decided or made up their minds

to commit the crim.
In disposing the body of the deceased victim, accused-
appellant was just following an order due to uncontrollable
fear that his life might be in danger if he did not follow the
frat leader. Article 12 of the Revised Penal Code exempts
acts committed if an uncontrollable fear is of evil greater
than that he is ordered to commit.

Conspiracy, without the evidence of actual agreement can be

implied through the actions of the perpetrators. As shown by the facts,
there is no instance that accused-appellant has acted in concert with the
other accused exempt in the instance that he was ordered thru threat and
intimidation. In addition, it was the accused-appellant who reported the
crime to one of their school officials showing his desistance and
believing that he has clean hands to report the crime.

PRAYER

WHEREFORE, the accused-appellant respectfully prays that

Decisions of the trial court be reversed, set aside and nullified, and the
judgment be rendered in favor of the accused-appellant as prayed for in
his answer; to dismiss the crime of murder for his guilt has not been
proven beyond reasonable doubt.

Accused-appellant further prays for such other relief as may be

just and equitable in the premises.

September 03, 2017.

ERWIN N. DAVID
JD 1-1

ERWIN N. DAVID
Counsel for Accused-Appellant
IBP Lifetime NO. 017023
Roll No. 64589
MCLE II Compliance No. 0001546
David, Rocamora and Associates
Building 130 Aurora Blvd, Quezon City
ERWIN N. DAVID
JD 1-1

VERIFICATION/CERTIFICATION

I, JUAN DELA CRUZ, of legal age, Filipino and a resident of

Barangay San Roque, Marikina City, after having been duly
sworn to in accordance with law, do hereby depose and say:

l. I am the accused-appellant in the foregoing Brief;

2.I caused the preparation of the foregoing pleading;

3. I have read the same and the allegations therein are true and
correct of my personal knowledge or based on authentic
records.

4. I have not commenced any other action involving the same

issues in the Supreme Court or different divisions thereof or
any other tribunal or agency.

IN WITNESS WHEREOF, I have affixed my signature this

day of September 2017 at Quezon City.

JUAN DELA CRUZ

SUBSCRIBED AND SWORN to before me this 2nd day of September

2010 at Quezon City,Philippines. Affiant exhibited to me his
Community Tax Certificate No. CC 123456 issued at San Roque,
Marikina City on January 04, 2017.

Atty. Jacinto dela Cruz

Notary Public

Doc. No.: 17
Page no.:8
Book no.:I
Series of 2010

Copy Furnished:
Office of the Provincial Prosecutor
Marikina City