Republic of the Philippines - Campaign

APPELLANTS’ BRIEF
People of the Philippines vs. Fortuna, et. al.
S. C. G. R. No. 141660-64
In fact, in the certiorari Decision of September 7, 2001 in G.R. No. 142605, the
petition was dismissed because, among others:
The instant petition for certiorari under Rule 65 of the
Rules of Court filed by the petitioners on March 15, 2000 is
improper as the subject orders of respondent trial judge may be
questioned only in the main case, that is, in Criminal Case No.
Q-96-66684 which is already before the Supreme Court, as of
February 11, 2001, on automatic review because of the death
penalty imposed by the trial court on the petitioners-accused for
the killing of Col. Abadilla. (364 SCRA 719, at 724, italics
supplied)
X X X
Finally, the petitioners’ allegation of bias and partiality
on the part of respondent judge can be taken up and discussed by
the herein petitioners in their brief to be filed in G.R. Nos.
141660-64 pending before this Court relative to the automatic
review of the Joint Decision of the trial court in Criminal Case
No. Q-96-66684. (364 SCRA 719, at 726, italics supplied)
We are thus now questioning the subject orders of the trial court in the herein
main case on automatic review. In the trial court’s subject Order dated January 25, 2000,
the only direct ground it could give for the denial of accused Lumanog’s motion/s (e.g.
his Manifestation and Motion dated 15 December 1999) to introduce additional evidence
on the ABB angle was stated as follows (in p. 6):
The transference of responsibility to the ABB for
the ambush-slay of the victim is based on alleged news
reports. Said news reports are hearsay and not admissible
in evidence. The requisites on the applicability of the rule
on declaration against interest, as an exception to the
hearsay rule, were not convincingly shown before this court
as being present in such alleged press statements by the
ABB.
While the records do not indicate that accused were ABB operatives, the same
records do not bear that they are not…
The records will bear out that the ABB angle was not merely “based on alleged
news reports.” This is belied by the outlined and indicated pieces of evidence on the
ABB angle in accused Lumanog’s “Memorandum on Nature of Proposed Additional
Evidence” dated 12 January 2000 in the RTC:
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