Republic of the Philippines - Campaign

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).
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