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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: Page 112 of 127 112
APPELLANTS’ BRIEF People of the Philippines vs. Fortuna, et. al. S. C. G. R. No. 141660-64 a) Evidence linking the ballistic match between the Abadilla, Leonardo Ty and Suseso de Dios killings (already part of the record) with the ABB angle in the Ty and de Dios killings. For example, the ABB angle in the Ty killings is shown by police investigation reports (Annexes 1 & 2 of the said Memorandum) b) Written statements from and media interviews with ABB leaders claiming or reiterating responsibility for the Abadilla killing. For example, the RPA-ABB statement of December 26,1999 (Annex 4 of the said Memorandum). Also, the June 27, 1996 interview with the ABB head Sergio Romero by then SkyCable news manager David Celdran featured in the banner headline story of the July 2, 1996 issue of Philippine Daily Inquirer (Annex 6 of the said Memorandum). c) AFP and PNP intelligence material showing the ABB angle in the Abadilla and Ty killings, such as material that was basis for the Philippine Army Commanding General’s Press Statement in October 1997 (Annex 3 of accused Lumanog’s “Supplement to the Motion for Reconsideration” dated 25 November 1999 in the RTC) and the Inquirer’s report on the PNP Intelligence Group’s arrest of the alleged leader of the ABB team responsible for the Abadilla killing (Annex 1 of accused Lumanog’s “Addendum to Supplement” dated 13 December 1999 in the RTC). In fact, at that time, January 2000, various additional pieces of evidence were still unfolding and coming out, as later developments would show. It is really not just news reports or even AFP/PNP intelligence materials that is available as evidence or prospective evidence of the ABB angle, as shown by the following: 1. ballistics evidence showing a match between the Abadilla killing and other acknowledged ABB killings (e.g. those of Leonardo Ty and of Suseso de Dios) 2. the ABB’s own early media statements and interviews in 1996 claiming responsibility (including the June 27, 1996 interview of ABB head Sergio Romero by then Skycable News Manager David Celdran wherein Romero reiterated ABB responsibility for the Abadilla killing and exonerated the accused) 3. the RPA-ABB’s statement of 26 December 1999 reiterating responsibility 4. the coursing in January 2000 by an unidentified ABB personality to Fr. Roberto Reyes of the Omega watch taken by the ABB hit squad from their victim Col. Abadilla and reaffirming ABB responsibility 5. the National Amnesty Commission resolution dated 27 May 1999 in favor of former ABB operative Wilfredo Batongbakal indicating the ABB plan or intention to kill Col. Abadilla which partly resulted in the mistaken killing of Suseso de Dios outside the La Vista gate (where Abadilla would pass coming from his Loyola Grand Villas residence) 6. the Sinumpaang Salaysay of Wilfredo Batongbakal dated 25 February 1997 (given to ISAFP shortly after his capture) to the same effect Page 113 of 127 113
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Republic of the Philippines - Campaign

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