Republic of the Philippines - Campaign

More documents

Recommendations

Info

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. Page 16 of 127 16
APPELLANTS’ BRIEF People of the Philippines vs. Fortuna, et. al. S. C. G. R. No. 141660-64 Assigned Error VII deals with the trial court's own violations of the constitutional rights of accused Lenido Lumanog in the judgment of conviction itself. Assigned Errors XI & XII deal with the trial court's own violations after promulgation of judgment and during its reconsideration stage. 3. Constitutionality of the death penalty - This legal issue is raised through Assigned Error I. The reason it is placed up front is explained in the relevant discussion of assigned Error I under the next part "Argument" which immediately follows. Page 17 of 127 17
Page 1 and 2: Republic of the Philippines SUPREME
Page 3 and 4: APPELLANTS’ BRIEF People of the P
Page 15: APPELLANTS’ BRIEF People of the P
Page 67 and 68:
APPELLANTS’ BRIEF People of the P
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127:
show all

Republic of the Philippines - Campaign

Create successful ePaper yourself

Delete template?

Save as template?