Republic of the Philippines - Campaign

APPELLANTS’ BRIEF
People of the Philippines vs. Fortuna, et. al.
S. C. G. R. No. 141660-64
STATEMENT OF THE ISSUES
The issues are basically found in the Assignment of Errors. The issues of fact and
law may be outlined as follows:
1. Guilt or innocence of the accused-appellants based on the available evidence -
This is mainly a factual or evidentiary matter covered by the discussion of the
Argument regarding Assigned Errors II, III, IV, V, VIII, IX, X, XI & XII.
Assigned Errors II, III & IV relate to impugning the so-called positive
identification by lone eyewitness for the prosecution Freddie Alejo on which the trial
court anchored its judgment of conviction. Much prominence and space is therefore given
to their discussion.
Assigned Error VIII relates to the improperly appreciated alibi defenses of
accused Augusto Santos and Lenido Lumanog. Relevant to this is Assigned Error IX
regarding the personal circumstances of the several accused and the circumstances of
their arrest which belie both guilt and conspiracy.
Assigned Error X is particularly important because it relates to reliable physical
evidence which supports the defenses and innocence of the accused.
Assigned Errors XI & XII relate to the Alex Boncayao Brigade (ABB) angle of
true responsibility for the Abadilla murder, with the proposed additional evidence thereon
being proferred by way of offer of proof in this very brief and for this automatic review.
2. Respect for constitutional and human rights -
This matter may be factual, legal or both, and is treated in Assigned Errors V, VI,
VII and even XI & XII. Assigned Error V deals with the particular case of torture and
coerced confessions of accused Joel de Jesus and Lorenzo delos Santos. Assigned Error
VI deals more generally with the gross violations of the constitutional and human rights
of the accused during their arrest, detention and custodial investigation. This also has
exclusionary implications on some evidence.
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