Republic of the Philippines - Campaign

APPELLANTS’ BRIEF
People of the Philippines vs. Fortuna, et. al.
S. C. G. R. No. 141660-64
fact, the police investigators never bothered to clarify whether there were more than four
persons who perpetrated the killing because the other witnesses who were investigated
also referred to four men.
In the sworn statement of security guard Merlito Herbas executed at 11:40 of the
same day that the incident happened, question 11 reads:
11. T – Sino naman ang bumaril sa taong ito, kung kilala mo?
S – Apat po na hindi kilalang lalaki na armado ng tipong cal.
45 pistol.
Also, in the sworn statement of witness Cesar Espiritu given at 12:10 noon of the
same day that the incident happened, question 06 reads:
06. T : Sino naman ang bumaril sa biktimang ito, kung kilala
mo?
S : Sa mga suspect ay apat na hindi kilalang mga lalaki,
pero ang isa ay nakita ko na siyang bumabaril sa biktima
sa loob ng kotse nito.
It is clear, then, that several witnesses in the shooting incident were one in saying
that there were four men who perpetrated the crime.
This was even confirmed by P/Insp. Rogelio Castillo who was presented by the
prosecution and who testified, among others, as to the contents of their referral letter
when they forwarded the spent shells and slugs to the Crime Lab, saying, “The first
paragraph of our referral letter are (sic) as follows: “This refers to the shooting incident
under your investigation by your division committed on June 13, 1996 along Katipunan,
Proj. 4, Quezon City wherein the deceased victim is one Rolando Abadilla and the
suspect (sic) were about 4 unidentified male persons armed with firearm.” (TSN,
Testimony of P/Insp. Rogelio Castillo, August 7, 1996, pp. 108-109).
What is clearly stated in Freddie Alejo’s statement is that it was one of the four
suspects whom he saw surrounding the victim’s car, and not another man as the court
erroneously construed, who pointed a gun towards him and commanded him to come
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