A MANILA court has convicted lawyer Lorna Kapunan for unjust vexation and ordered her imprisoned for up to 30 days for her alleged defamatory statements against Nilo Divina, dean of the UST College of Law, in the wake of the fatal hazing of UST freshman law student Horacio “Atio” Castillo III in 2017.
Judge Cicero Jurado Jr. of the Metropolitan Trial Court Branch 11 also ordered Kapunan to pay Divina P2.5 million representing moral and exemplary damages and attorney’s fees.
The case is bailable. It stemmed from statements Kapunan made over ANC News in October 2017, which Divina said “maliciously accused” him of recruiting Castillo to the Aegis Juris Fraternity, of which he is a member, and of coddling fraternity members after Castillo died in initiation rites in September of that year.
Kapunan was indicted for unjust vexation by the Department of Justice in 2018 for her statements against Divina.
In its ruling, the Manila court nullified Kapunan’s acquittal in January 2020 by MeTC Branch 17 on the ground of grave abuse of discretion.
Jurado said ordinarily, an acquittal is final and may not be appealed due to the rule against double jeopardy but he explained it can be set aside in a petition for certiorari if the ruling is made or attended with grave abuse of discretion.
Divina, in a petition for certiorari, earlier said the MeTC Branch 17 Judge Karla Funtila-Abugan gravely abused her discretion in acquitting Kapunan by disregarding material evidence, by using wrong and irrelevant considerations, and adopting reasons that contradict jurisprudence when she issued her ruling last January.
“After a meticulous perusal of the decision, order and record of this case, the Court is convinced that there is merit in this petition. It is apparent that the private respondent’s statement is annoying and vexatious to petitioner Divina. The term `obstructionist to justice’ is upsetting to him, and the acquittal was done with grave abuse of discretion amounting to or equivalent lack of jurisdiction,” Jurado said in his decision dated July 24.
Likewise, the court said Kapunan failed to substantiate the allegations that Divina coddled Aegis Juris members and of the Atio family having communicated with Divina.
“Wherefore, foregoing premises considered, the assailed decision dated January 3, 2020 and order dated January 31, 2020 by the Honorable Karla Funtila-Abugan are nullified and set aside. Atty. Kapunan is found guilty for the crime of unjust vexation and is sentenced to a penalty of arresto menor or imprisonment of one day to 30 days,” he added.
Castillo died of severe blunt traumatic injuries after he allegedly underwent initiation rites of the Aegis Juris fraternity.
Divina was among those cleared by the DOJ of any criminal liability in Castillo’s death but 10 other members of the fraternity are now facing criminal charges before the Manila regional trial court.
