Republic of the Philippines - Campaign

APPELLANTS’ BRIEF
People of the Philippines vs. Fortuna, et. al.
S. C. G. R. No. 141660-64
On June 20, 1996, Lumanog, Costibolo and Rameses de Jesus, again went back to
Fairview to visit Costibolo’s son who was confined at the Fairview West View
Polymedic. It was around 10:00 in the evening when they reached the place and it was
there where police operatives arrested them without any warrant. (TSN, August 20, 1998,
p. 21; TSN, March 9, 1999, pp. 20-24).
Augusto Santos
On June 13, 1996, Augusto Santos left their home in Fairview before 7:00 a.m.
He fetched his brother-in-law, Jonas Ayhon, before they proceeded to the Fabella
Hospital where Dorothy, Augusto’s sister and Ayhon’s wife, delivered a baby on June 11,
1996. The mother and child were to be discharged from the hospital that day.
Augusto Santos and Jonas Ayhon arrived at the Fabella Hospital at around 7:00
a.m. It was not until about 2:00 p.m. of that same day that Dorothy and her child were
discharged. They then proceeded home.
The Arrests of the Accused
On June 19, 1996, at about 4:00 p.m. PARAC and CPDC operatives arrested Joel
de Jesus (TSN, November 12, 1996, p. 28) after a stake-out which began at 2:00 p.m. that
same day. Freddie Alejo was with the CPDC operatives where he was shown pictures of
Alias Tabong before he was made to identify the person they arrested who turned out to
be Joel de Jesus.
After the arrest, Joel de Jesus was turned over to the CID-CPDC for investigation
(p. 30). On that same day, the CPDC investigators informed the team of Capt. Macanas
through their superior Col. Baluyot, that Joel de Jesus “made some revelation (sic) with
regard to his participation in the killing of ex-Col. Abadilla (p. 32-33). Capt. Macanas
and the CID-CPDC then conducted joint follow-up operations where they brought Joel de
Jesus along to “g[i]ve a hand in identifying his companions in the killing.” (p. 33-34).
Between 8:00 or 9:00 p.m. of June 19, 1996 (TSN, December 10, 1996, p. 21), the group
was allegedly led by Joel de Jesus somewhere in Fairview along Ruby Street wherein his
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