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 />
Maybituin, D/P Alexander Dalayday, SPO2 Jorge Roxas, SPO1<br />
Jaime Tumpalan, D/P Roger Roxas, PO1 Ernesto Barbareja, Joel<br />
de Jesus, SPO1 Rodolfo Madriaga, Lorenzo de los Santos and<br />
D/P Gene Rosete).”<br />
These two separate out-<strong>of</strong>-court identification is not only characterized by<br />
suggestiveness as Freddie Alejo was brought along by police operatives specifically to<br />
pinpoint Joel de Jesus whose picture has already been shown to him prior to <strong>the</strong><br />
identification but also by irregularities as <strong>the</strong> alleged police line-up was conducted with<br />
no o<strong>the</strong>r civilian individuals in <strong>the</strong> line-up except for Joel de Jesus and Lorenzo delos<br />
Santos whom <strong>the</strong> witness was asked to identify.<br />
Since <strong>the</strong> alleged line-up was done in a police headquarters, necessarily, <strong>the</strong>se<br />
police <strong>of</strong>ficers would be in <strong>the</strong>ir proper uniforms. How, <strong>the</strong>n, can anyone be mistaken in<br />
singling out suspects in a police line-up when <strong>the</strong> o<strong>the</strong>r persons <strong>the</strong>y are lined-up with are<br />
all police <strong>of</strong>ficers? Is this how our police <strong>of</strong>ficers understand a police line-up: that<br />
policemen be lined up with <strong>the</strong> suspects to be identified?<br />
“This Court has held in People vs. Salguero that this<br />
kind <strong>of</strong> identification, where <strong>the</strong> attention <strong>of</strong> <strong>the</strong> witness is<br />
directed to a lone suspect, is suggestive. Also, in People vs.<br />
Niño, this Court described this type <strong>of</strong> out-<strong>of</strong>-court identification<br />
as being “pointedly suggestive, generated confidence where<br />
<strong>the</strong>re was none, activated visual imagination, and, all told,<br />
subverted <strong>the</strong>ir reliability as eye-witnesses.”<br />
Going now to <strong>the</strong> evidence on record, when asked about <strong>the</strong> appearance <strong>of</strong> <strong>the</strong><br />
four persons he saw shot at <strong>the</strong> victim, Freddie Alejo answered:<br />
“Iyong tumutok sa akin ay naka-asul na t-shirt, edad 30-<br />
35, 5’5” – 5’6” ang taas, katamtaman ang katawan, maikli ang<br />
buhok, kayumanggi. Ang baril niya ay tipong 45 o 9 mm na<br />
pistola. Iyong sumakal sa biktima at nang-agaw ng clutch bag<br />
nito ay 25 – 30 ang edad, payat, mahaba ang buhok na nakatali,<br />
maitim, may taas na 5’5” – 5’6”, maiksi din ang baril niya at<br />
naka-puting polo. Iyong iba ay maaaring makilala ko kung<br />
makikita ko uli.” (Exhibit L-1)<br />
The witness was only able to describe two <strong>of</strong> <strong>the</strong> four suspects when <strong>the</strong> police<br />
investigator took his sworn statement barely five hours after <strong>the</strong> incident occurred. With<br />
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