Republic of the Philippines - Campaign
Republic of the Philippines - Campaign
Republic of the Philippines - Campaign
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APPELLANTS’ BRIEF<br />
People <strong>of</strong> <strong>the</strong> <strong>Philippines</strong> vs. Fortuna, et. al.<br />
S. C. G. R. No. 141660-64<br />
For example, at <strong>the</strong> time <strong>of</strong> <strong>the</strong>ir arrests in June 1996, accused Fortuna was an<br />
SPO2 with <strong>the</strong> PNP Traffic Management Command (see his Exhs. 81 & 83) while<br />
accused Lumanog was a businessman with several enterprises in Fairview, Quezon City,<br />
including a security agency, with <strong>the</strong> usual police and military links (see <strong>the</strong> separate<br />
Affidavits <strong>of</strong> spouses Marilou Tiglao-Lumanog and Lenido Lumanog, Exhs. K & L,<br />
attached to accused-appellant Lenido Lumanog’s “Motion for New Trial and Related<br />
Relief” dated 26 April 2002 in this automatic review). At any rate, <strong>the</strong> trial court itself<br />
admits that “<strong>the</strong> records do not indicate that accused were ABB operatives.” Coupled<br />
with additional evidence on <strong>the</strong> ABB angle in <strong>the</strong> Abadilla killing, this should lead to <strong>the</strong><br />
acquittal <strong>of</strong> <strong>the</strong> accused on at least reasonable doubt.<br />
Speaking <strong>of</strong> burden <strong>of</strong> pro<strong>of</strong>, <strong>the</strong> defense does not have <strong>the</strong> burden <strong>of</strong> proving <strong>the</strong><br />
guilt beyond reasonable doubt <strong>of</strong> <strong>the</strong> ABB for <strong>the</strong> Abadilla killing. That is <strong>the</strong> job <strong>of</strong> <strong>the</strong><br />
prosecution. As it is, <strong>the</strong>y have shirked from <strong>the</strong>ir sworn duty to prosecute “all persons<br />
who appear to be responsible for <strong>the</strong> <strong>of</strong>fense involved” (Rules <strong>of</strong> Court, Rule 110, Sec.<br />
2). It has taken <strong>the</strong> defense to ferret out <strong>the</strong> ABB angle. But <strong>the</strong> defense does this not to<br />
go after anybody but ra<strong>the</strong>r to save <strong>the</strong> innocent accused. The defense knows with moral<br />
certainty that <strong>the</strong> accused are innocent beyond reasonable doubt. But its burden is only to<br />
establish reasonable doubt about <strong>the</strong>ir guilt to entitle <strong>the</strong>m to an acquittal (Rules <strong>of</strong> Court,<br />
Rule 133, Sec. 2). The proposed additional evidence on <strong>the</strong> ABB angle serves this<br />
purpose and is sufficient in itself to tilt <strong>the</strong> balance against <strong>the</strong> trial court’s finding five<br />
accused guilty beyond reasonable doubt on <strong>the</strong> basis <strong>of</strong> <strong>the</strong>ir “positive identification” by<br />
one security guard “eye witness”.<br />
The latest marshalling <strong>of</strong> proposed additional evidence on <strong>the</strong> ABB angle in <strong>the</strong><br />
case at bar is found in accused-appellant Lenido Lumanog’s “Motion for New Trial and<br />
Related Relief” dated 26 April 2002 with 10 pages <strong>of</strong> argument and discussion plus 21<br />
exhibits and 21 annexes submitted during this automatic review stage in accordance with<br />
<strong>the</strong> Revised Rules <strong>of</strong> Criminal Procedure, Rule 124, Sec. 14 in relation to Rule 125, Sec.<br />
Page 117 <strong>of</strong> 127<br />
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