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APPELLANTS’ BRIEF People of the Philippines vs. Fortuna, et. al. S. C. G. R. No. 141660-64 ASSIGNMENT OF ERRORS I. THE TRIAL COURT ERRED IN IMPOSING AN UNCONSTITUTIONAL PENALTY, THE DEATH PENALTY, AT LEAST FOR MURDER UNDER R.A. NO. 7659. II. THE TRIAL COURT ERRED IN THIS CASE OF MURDER AND FIVE DEATH SENTENCES WITH ITS OVER-RELIANCE ON AND GIVING CREDENCE TO THE TESTIMONY OF THE LONE ALLEGED EYEWITNESS PRESENTED IN COURT, SECURITY GUARD FREDDIE ALEJO, FOR THE PROSECUTION WHICH IS CHARACTERIZED BY MATERIAL OMISSIONS, CONTRADICTIONS, UNRELIABILITY, INCREDIBILITY, AND DISCREPANCIES. III. THE TRIAL COURT ERRED IN APPRECIATING ALEJO'S EARLY SWORN STATEMENT TO MEAN THAT THERE WERE FIVE, NOT FOUR, SUSPECTS HE SAW PERPETRATE THE CRIME. IV. THE TRIAL COURT ERRED WHEN IT RULED THAT “IT DOES APPEAR FROM THE RECORD THAT BOTH SECURITY GUARDS, WHOSE PRESENCE IN THE VICINITY OF THE CRIME SCENE CANNOT BE DOUBTED, CONFIRMED THAT JOEL DE JESUS WAS ONE OF THE PERPERTRATORS OF THE KILLING OF ROLANDO ABADILLA,” AND FAILED TO PROPERLY APPRECIATE THE TESTIMONY OF THE OTHER SECURITY GUARD EYEWITNESS, MERLITO HERBAS, WHICH BELIES THAT OF ALEJO. V. THE TRIAL COURT ERRED IN ADMITTING IN EVIDENCE THE TORTURED AND COERCED EXTRA-JUDICIAL CONFESSIONS OF ACCUSED JOEL DE JESUS AND LORENZO DELOS SANTOS WHICH SHOULD HAVE BEEN EXCLUDED. VI. THE TRIAL COURT ERRED IN GIVING SCANT ATTENTION TO THE GROSS VIOLATIONS OF CONSTITUTIONAL AND HUMAN RIGHTS OF THE ACCUSED PERTAINING TO THEIR ARREST, DETENTION AND CUSTODIAL INVESTIGATION, AND CONSEQUENTLY IN FAILING TO GRANT THEM "RADICAL RELIEF" FOR SUCH GROSS VIOLATIONS. VII. THE TRIAL COURT ERRED WHEN IT LEFT ACCUSED LENIDO LUMANOG OUT IN THE DECISION'S RECOUNTING OF THE RESPECTIVE INDIVIDUAL DEFENSES OF THE SIX REMAINING ACCUSED, AND RULED THAT LUMANOG'S NOT TESTIFYING BEFORE THE COURT JUSTIFIES AN INFERENCE THAT HE IS NOT INNOCENT AND MAY BE REGARDED AS A QUASI-CONFESSION. VIII. THE TRIAL COURT ERRED WHEN IT DISREGARDED, BASED ON MERE CONJECTURES, THE ALIBI DEFENSES OF ACCUSED AUGUSTO SANTOS AND LENIDO LUMANOG. IX. THE TRIAL COURT ERRED IN FAILING TO APPRECIATE AND CO- RELATE THE PERSONAL CIRCUMSTANCES OF THE SEVERAL ACCUSED AND THE CIRCUMSTANCES OF THEIR ARREST WHICH Page 4 of 127 4
APPELLANTS’ BRIEF People of the Philippines vs. Fortuna, et. al. S. C. G. R. No. 141660-64 SHOW AS UNLIKELY BOTH GUILT AND CONSPIRACY, BELYING THE TRIAL COURT'S FINDINGS TO THAT EFFECT. X. THE TRIAL COURT ERRED WHEN IT OVERLOOKED OR FAILED TO GIVE MORE WEIGHT TO PHYSICAL EVIDENCE, PARTICULARLY THE EXCULPATORY BALLISTICS AND DACTYLOSCOPY EVIDENCE, WITH ACCOMPANYING EXPERT TESTIMONY PRESENTED BY THE DEFENSE. XI. THE TRIAL COURT ERRED IN DENYING LENIDO LUMANOG AND OTHER ACCUSED A LAST CHANCE, WHILE THE JUDGMENT OF CONVICTION WITH DEATH SENTENCES WAS STILL UNDER RECONSIDERATION, TO INTRODUCE ADDITIONAL EVIDENCE ON THE HITHERTO UNDEVELOPED ALEX BONCAYAO BRIGADE (A.B.B.) ANGLE OF TRUE RESPONSIBILITY FOR THE ABADILLA AMBUSH-KILLING, CONTRARY TO THE SUPREME COURT'S GUIDANCE IN DEATH PENALTY CASES. XII. THE TRIAL COURT ERRED IN DENYING FR. ROBERTO REYES' "URGENT INDEPENDENT MOTION FOR LEAVE OF COURT TO PRESENT VITAL EVIDENCE'' ALSO ON THE A.B.B. ANGLE, AN ANGLE WHICH PROVES THE INNOCENCE OF ALL THE ACCUSED BEYOND REASOPNABLE DOUBT. Page 5 of 127 5
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