Republic of the Philippines - Campaign

APPELLANTS’ BRIEF
People of the Philippines vs. Fortuna, et. al.
S. C. G. R. No. 141660-64
On 10 July 1996, the Abadilla murder case was re-raffled to Branch 219 under
Judge Jose Mendoza a week after Judge Bay inhibited himself. On 18 July, the accused
were arraigned and pleaded "not guilty." Defense lawyers waived preliminary
investigation in order to go straight to trial. The prosecution started its presentation of
evidence on 1 August.
In the meantime, on 26 July 1996, the CHR issued its Resolution on the
complaints of the Abadilla murder suspects and wives, finding that respondent police
officers could have violated the visitorial rights and right to counsel of the suspects,
including arbitrary detention of the latter, and forwarding the records of the case to the
Department of Justice (DOJ). It is docketed there as I.S. No. 96-663 in August.
By April 1997, the prosecution in the Abadilla murder case rested its case with its
Formal Offer of Evidence, anchored on the positive identification of the accused by
eyewitness security guard Freddie Alejo. On 11 July, Judge Mendoza inhibited himself,
and the case was subsequently re-raffled to Branch 103 under Judge Jaime Salazar, Jr.
The latter therefore had not personally heard and observed any of the testimonies of the
prosecution witnesses, including Alejo. On 14 August, the trial court dismissed the case
as to accused Arturo Napolitano based on his demurrer to evidence.
On 10 December 1997, the several defense lawyers started presentation of
evidence for each of the accused. Most of 1998 was devoted to presentation of evidence
for the defense, with alibi and denial as the main defenses. On 23 April 1999, the defense
rested its case with the filing of several formal offers of evidence, notably the one for
accused Fortuna.
On 11 August 1999, the trial court of Judge Salazar promulgated his Joint
Decision dated July 30, 1999 sentencing the "Abadilla 5" to death based mainly on their
positive identification by eyewitness Alejo. It however acquitted accused Lorenzo delos
Santos notwithstanding his identification by Alejo and his earlier signed confession,
Page 7 of 127
7