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APPELLANTS’ BRIEF People of the Philippines vs. Fortuna, et. al. S. C. G. R. No. 141660-64 dated 25 November 1999, and several other related manifestations and motions mainly to present additional evidence on the ABB angle. They also include accused Joel de Jesus' Motion for New Trial dated August 31, 1999 to present to new alibi witnesses. Annex C- Order dated January 26, 2000 This is the initial short Order given in open hearing denying Fr. Roberto Reyes' Urgent Independent Motion to Present Vital Evidence dated January 19, 2000 in support of the ABB angle. Annex D - Order dated January 28, 2000 This is the long Order elaborating on the immediately preceding Order, Annex C. The nature of the controversy has to do not only with the guilt or innocence of the accused-appellants based on the available evidence but also whether their constitutional and human rights were respected, from arrest up to conviction and even up to the reconsideration stage, when they sought a last chance to present additional evidence to prove their innocence. In addition, the death penalty itself imposed on the accused- appellants is under controversy here. Page 10 of 127 10
APPELLANTS’ BRIEF People of the Philippines vs. Fortuna, et. al. S. C. G. R. No. 141660-64 The Abadilla Ambush-Killing STATEMENT OF THE FACTS In the morning of June 13, 1996, Col. Rolando Abadilla left his residence driving his black Honda Accord. His wife, Mrs. Susan Abadilla, saw him off and minutes later, received a call from the colonel. Minutes later, another call came, this time from the husband’s tailor. She was informed of an accident involving her husband. Proceeding to the Quirino Memorial Medical Center, Susan Abadilla found her husband already dead. (TSN, September 18, 1996, pp. 31-35). The colonel drove along Katipunan Avenue heading southwards to Santolan. When his car got stalled in traffic, four (4) unidentified men approached his car and fired at the colonel. (Sworn Statement, Herbas, Espiritu) Several witnesses saw the four unidentified gunmen proceed to a KIA Pride, asked the driver and passengers to get out and drove the KIA Pride towards J. P. Rizal. (Exh. ________, Sworn statements of Minella Alarcon and Merlito Herbas) The Police Investigation Police investigators SPO2 Willy Magundacan, SPO2 Gerry Daganta, PO1 Francisco and P/Insp Edward Villena proceeded to the crime scene and arrived at about 8:45 a.m. (TSN, September 7, 1996, pp. 13-14). The police investigators found the Honda Accord with plate number RNA 777 with the left door opened and found the bloodied body of the victim sprawled at the pavement. (p. 14.) PO2 Gerry Daganta, PO1 Ronald Francisco and Cesar Espiritu, a civilian who was the first to approach the victim after the perpetrators had left, then brought the victim to Quirino Memorial Medical Hospital. (p. 15). Magundacan was left in the area to preserve the crime scene while Villena went back to the police station to get a camera. (ibid., p. 16). PO2 Daganta went back to the crime scene and gathered the spent shells and slugs (p. 18) which were later secured by SPO1 Arlin Habitan (19). These slugs and spent shells were later on turned over to Officer Jurado at the police station 8 (104-105) and later on transmitted to Crime Lab for ballistic examination. (106-109). Page 11 of 127 11
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Republic of the Philippines - Campaign

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