THE SUPREME Court acquitted two suspected members of the Tau Gamma Phi fraternity of hazing charges over the death of an 18-year-old student in 2009.

Associate Justice Henri Jean Paul Inting of the court’s Third Division ordered the release of Carlos Paulo Bartolome and Joel Bandalan, reversing the ruling of the Court of Appeals that upheld the two men’s conviction.

“After a careful review of the case and the body of evidence adduced before the RTC, the Court is not convinced that petitioners are guilty beyond reasonable doubt of the offense of hazing. Thus, the Court resolves to reverse the appealed decision and acquit petitioners,” the SC said.

The case arose from the death of John Daniel Samparada who was taken to a hospital by three men on October 22,2009, including Bartolome and Bandalan.

The defendants claimed that they had an excursion and had just returned to the house after buying food when they saw Samparada sprawled on the floor .

The Supreme Court said that for the crime of hazing to happen, three elements must be present – initiation rites, the recruit, and that the recruit is put through activities that would cause physical injury and psychological suffering.

The Court held that the first and second elements were not met.

“In sum, the circumstantial evidence presented by the prosecution has failed to establish the elements of hazing and to produce an unbroken chain that leads to one fair and reasonable conclusion pointing to petitioners, to the exclusion of others, as the persons liable for the death of Samparada,” it said.