Republic of the Philippines - Campaign

APPELLANTS’ BRIEF
People of the Philippines vs. Fortuna, et. al.
S. C. G. R. No. 141660-64
1. The suspects were not afforded competent and independent counsel of
their own choice.
Joel de Jesus and Lorenzo delos Santos were not provided with competent and
independent counsel of their own choice when they allegedly executed their extra-judicial
confessions. Instead, the police officers engaged the services of counsels who have been
their favorite choice in many cases where suspects allegedly confess their commission of,
or their participation in the commission of, crimes. In most of these cases where these
counsels were engaged by the police officers to assist the suspects in executing their
extra-judicial confessions, such suspects would later recant their alleged confessions
because these were extracted from them through torture, force, violence, intimidation and
coercion.
Neither Joel de Jesus nor Lorenzo delos Santos were allowed to talk with any of
their relatives. And instead of allowing them to talk with a lawyer of their own choice,
the police officers brought them to lawyers who were chosen not by the suspects but by
the police officers.
The following documents, alleged extra-judicial confessions of Joel de Jesus and
Lorenzo delos Santos, were all taken without the proper assistance of competent and
independent counsel:
1. The seven-page alleged extra-judicial confession dated July 20 1996,
purportedly taken at the IBP Office with the assistance of Atty. Confesor B.
Sansano (Exhibit E to E-6);
2. The additional salaysay of Joel de Jesus allegedly given before SPO2
Edilberto Nicanor at the CID, PNP, Camp Karingal, on June 21, 1996, at 9:30
a.m. (Exhibit N);
3. Additional salaysay of Joel de Jesus before SPO1 Edilberto G. Nicanor at the
IBP Office, on June 21, 1996 at 5:00 p.m. in front of Atty. Florimond C.
Rous; and
4. Salaysay of Lorenzo delos Santos given to SPO2 Pio L. Tarala at the IBP
Office at 3:10 p.m. on June 21, 1996 in front of Atty. Florimond C. Rous.
We now take the documents one by one:
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