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 />
Presumably, Alejo was not disgruntled and was happy with <strong>the</strong> Abadilla family’s<br />
arrangements for him. Would that not also color his perception and attitude? Were <strong>the</strong><br />
Court’s “eyes wide shut” to this and o<strong>the</strong>r inconsistencies, contradictions and<br />
discrepancies as regards Alejo? Such unequal treatment is also violative <strong>of</strong> <strong>the</strong> equal<br />
protection clause.<br />
Thus, Freddie Alejo, who was given certain benefits by <strong>the</strong> family <strong>of</strong> <strong>the</strong> victim<br />
could have simply agreed to confirm what <strong>the</strong> police and prosecution would ask him to<br />
confirm even if <strong>the</strong> same would be contrary to what he has seen so that he could continue<br />
receiving <strong>the</strong> benefits given him.<br />
This could have explained why this witness added two more persons among <strong>the</strong><br />
suspects when he was so categorical in saying that <strong>the</strong>re were just four men he saw as <strong>the</strong><br />
malefactors.<br />
All <strong>the</strong>se point to one thing: Joel de Jesus was never at <strong>the</strong> crime scene at all. And<br />
in <strong>the</strong> same way that (Lorenzo delos Santos), whom Alejo allegedly saw walking to and<br />
fro in <strong>the</strong> vicinity for more than an hour, toge<strong>the</strong>r with Lorenzo delos Santos, before <strong>the</strong><br />
shooting incident happened, was correctly acquitted by <strong>the</strong> trial court, Joel de Jesus must,<br />
<strong>of</strong> necessity and being similarly situated as Lorenzo delos Santos, in that <strong>the</strong>y were just<br />
both added to <strong>the</strong> number <strong>of</strong> actual suspects seen at <strong>the</strong> crime scene, should have been<br />
acquitted as well.<br />
And all this point to ano<strong>the</strong>r thing: that <strong>the</strong> confessions extracted from Joel de<br />
Jesus, aside from being inadmissible in evidence because <strong>the</strong>y were uncounselled and<br />
coerced confessions, were not true accounts <strong>of</strong> what transpired at <strong>the</strong> crime scene but<br />
were forced upon him by <strong>the</strong> police investigators who tortured him into admitting his<br />
participation in <strong>the</strong> crime and into pointing to o<strong>the</strong>r persons as his cohorts.<br />
IV. THE TRIAL COURT ERRED IN ADMITTING IN<br />
EVIDENCE THE TORTURED AND COERCED EXTRA-<br />
JUDICIAL CONFESSIONS OF ACCUSED JOEL DE JESUS<br />
AND LORENZO DELOS SANTOS WHICH SHOULD HAVE<br />
BEEN EXCLUDED.<br />
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