Republic of the Philippines - Campaign

APPELLANTS’ BRIEF
People of the Philippines vs. Fortuna, et. al.
S. C. G. R. No. 141660-64
B. The sworn statement of Freddie Alejo and his testimony in open court
contained material contradictions which undermine his credibility as a witness.
Major contradictions appear when the sworn statement of Freddie Alejo executed
before SPO1 Edilberto Nicanor on July 13, 1996 is compared with his testimony in open
court.
First, the two men walking to and fro in front of his guardhouse was never
mentioned in the affidavit, yet this point was overly emphasized in his testimony.
Second, he mentioned only one person who pointed a gun at him and this person
is among the four suspects he mentioned in his affidavit whereas he testified in open
court that there were two persons, other than the four whom he saw around the victim’s
car, who each pointed a gun at him.
Third, in his affidavit, he readily admitted that he felt nervous and could not move
when a gun was pointed at him, but in his testimony he related in open court that he was
not nervous and that he saw all the suspects face him at the same time.
the following:
Freddie Alejo’s sworn statement, taken just five hours after the incident, contain
“08. T – Habang ikaw ay naka-duty bilang guwardiya sa 211
Katipunan Road, Quezon City, itong araw na ito, may
napansin ka bang hindi pangkaraniwang pangyayari?
S – Mayroon Sir.
09. T – Ano iyon?
S – May binaril na sakay ng kotse sa harap ng puwesto ko
sir.
10. T – Anong oras ito nangyari?
S – 8:40 ng umaga kanina sir, more or less (13 June 1996)
11. T – Sino ba itong binaril na tinutukoy mo, kung kilala mo?
S – Isang hindi ko kilala na lalaki sir
12. T – Sino naman ang bumaril sa biktima na ito, kung kilala
mo?
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