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 />
The use <strong>of</strong> torture and violence to <strong>the</strong> persons <strong>of</strong> Joel de Jesus and Lorenzo delos<br />
Santos rendered <strong>the</strong>ir confessions involuntary which calls for <strong>the</strong> operation <strong>of</strong> <strong>the</strong><br />
exclusionary rule to <strong>the</strong>se documents.<br />
In fact, it was not only Joel de Jesus and Lorenzo delos Santos who were tortured<br />
and held incommunicado, but all <strong>the</strong> o<strong>the</strong>r accused in this case were similarly treated by<br />
<strong>the</strong>ir captors.<br />
All <strong>the</strong> accused in this case, toge<strong>the</strong>r with <strong>the</strong>ir wives, filed <strong>the</strong>ir complaint before<br />
<strong>the</strong> Commission on Human Rights. Their case also caught <strong>the</strong> attention <strong>of</strong> Amnesty<br />
International which has come up with a special report about <strong>the</strong>ir plight.<br />
The accused presented evidence <strong>of</strong> compulsion, violence, and actual physical<br />
injuries inflicted upon <strong>the</strong>ir persons. They instituted administrative action against <strong>the</strong><br />
police <strong>of</strong>ficers who subjected <strong>the</strong>m to torture. They were examined by a reputable<br />
physician whose findings were submitted before <strong>the</strong> trial court, <strong>the</strong> Commission on<br />
Human Rights and <strong>the</strong> Department <strong>of</strong> Justice.<br />
All <strong>the</strong>se rule out any iota <strong>of</strong> doubt that all <strong>the</strong> accused in this case were indeed<br />
tortured and forced into admitting <strong>the</strong>ir alleged participation in <strong>the</strong> crime.<br />
Thus, voluntariness <strong>of</strong> <strong>the</strong> confessions <strong>of</strong> Joel de Jesus and Lorenzo delos Santos<br />
cannot be presumed. As this Court has ruled:<br />
The standing rule is that “where <strong>the</strong> defendants did not<br />
present evidence <strong>of</strong> compulsion, or duress nor violence on <strong>the</strong>ir<br />
person; where <strong>the</strong>y failed to complain to <strong>the</strong> <strong>of</strong>ficer who<br />
administered <strong>the</strong>ir oaths; where <strong>the</strong>y did not institute any<br />
criminal or administrative action against <strong>the</strong>ir alleged<br />
intimidators for maltreatment; where <strong>the</strong>re appeared to be no<br />
marks <strong>of</strong> violence on <strong>the</strong>ir bodies; and where <strong>the</strong>y did not have<br />
<strong>the</strong>mselves examined by a reputable physician to buttress <strong>the</strong>ir<br />
claim,” all <strong>the</strong>se will be considered as indicating voluntariness.<br />
Indeed, extra-judicial confessions are presumed to be voluntary,<br />
and, in <strong>the</strong> absence <strong>of</strong> conclusive evidence showing that <strong>the</strong><br />
declarant’s consent in executing <strong>the</strong> same has been vitiated, <strong>the</strong><br />
confession will be sustained. (People vs. Gerrico Vallejo, G.R.<br />
No. 144656, May 9, 2002).<br />
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