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 />
<strong>the</strong> police investigators The in-court identification <strong>of</strong> <strong>the</strong>se particular accused, <strong>the</strong>refore,<br />
is nothing but a mere cursory pointing to <strong>the</strong> accused which can never amount to a<br />
positive identification.<br />
Interestingly significant is <strong>the</strong> fact that Freddie Alejo’s description <strong>of</strong> <strong>the</strong> suspect<br />
given to <strong>the</strong> police investigator just five hours after <strong>the</strong> shooting incident did not match<br />
with <strong>the</strong> characteristics <strong>of</strong> <strong>the</strong> accused identified in open court as Lenido Lumanog.<br />
He described <strong>the</strong> suspect who opened <strong>the</strong> car, took <strong>the</strong> clutch bag, grab <strong>the</strong> victim<br />
by <strong>the</strong> neck, drag <strong>the</strong> victim out <strong>of</strong> <strong>the</strong> car and shot at <strong>the</strong> victim when <strong>the</strong> latter was<br />
already sprawled at <strong>the</strong> pavement, as “Iyong sumakal sa biktima at nang-agaw ng clutch<br />
bag nito ay 25 – 30 ang edad, payat, mahaba ang buhok na nakatali, maitim, may taas na<br />
5’5” – 5’6”.” Such description did not match with <strong>the</strong> physical appearance <strong>of</strong> Lenido<br />
Lumanog, 40 years old, with short hair, and fair complexioned.<br />
From <strong>the</strong> way <strong>the</strong> witness used maitim and kayumanggi in describing two <strong>of</strong> <strong>the</strong><br />
suspects, he appears to have a good sense <strong>of</strong> telling <strong>the</strong> different hues <strong>of</strong> skin color. He<br />
described <strong>the</strong> person who pointed a gun and shouted at him to be kayumanggi while he<br />
described as maitim <strong>the</strong> suspect whom he said he saw open <strong>the</strong> car, took <strong>the</strong> victim’s<br />
clutch bag, grab <strong>the</strong> victim by <strong>the</strong> neck, dragged <strong>the</strong> victim out <strong>of</strong> <strong>the</strong> car and shot at <strong>the</strong><br />
victim when <strong>the</strong> latter was already sprawled on <strong>the</strong> pavement.<br />
The difference in maitim and kayumanggi is readily understood by ordinary<br />
persons. Kayumanggi is lighter than maitim. And <strong>the</strong> witness himself used <strong>the</strong>se words<br />
without coaching from anyone. These were <strong>the</strong> words he associated with <strong>the</strong> skin color <strong>of</strong><br />
<strong>the</strong> persons he saw at <strong>the</strong> crime scene. If indeed it was Lenido Lumanog whom <strong>the</strong><br />
witness saw near <strong>the</strong> left front side (driver’s side) <strong>of</strong> <strong>the</strong> victim’s car, he would not have<br />
used maitim in describing <strong>the</strong> suspect. Far from being just kayumanggi, Lenido Lumanog<br />
is fair-complexioned. If indeed Lenido Lumanog was <strong>the</strong> person whom <strong>the</strong> witness saw at<br />
<strong>the</strong> crime scene, to describe him as maitim would be to point to a mistake and flaw in <strong>the</strong><br />
witness’ perception and his ability to relate what he has observed. And this point goes<br />
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