Republic of the Philippines - Campaign

APPELLANTS’ BRIEF
People of the Philippines vs. Fortuna, et. al.
S. C. G. R. No. 141660-64
saying his alibi was supported by a credible witness, unlike the one of his nephew and
ally accused Santos.
On 25 August 1999, accused Lumanog filed a Motion for Reconsideration on
grounds of insufficiency of evidence to prove guilt beyond reasonable doubt. Relatedly,
accused Joel de Jesus filed a Motion for New Trial to present two new alibi witnesses.
On 25 November, accused Lumanog filed a Supplement to the Motion for
Reconsideration, critiquing the Joint Decision as regards respect for constitutional and
human rights, and raising for the first time the Alex Boncayao Brigade (ABB) angle of
defense for the first time, with prayer/motion to introduce additional evidence thereon.
On 19 January 2000, Fr. Roberto Reyes filed an urgent Independent Motion for
Leave of Court to Present Vital Evidence in support of the ABB angle. A hearing on the
motion was set for 26 January.
On 25 January 2000, the trial court denied accused Lumanog's Motion for
Reconsideration, the Supplement thereto and other related pending manifestations and
motions, as well as accused Joel de Jesus' Motion for New Trial.
At the 26 January hearing of Fr. Reyes' motion, the trial court denied it in open
court, followed by an elaborated Order on 28 January.
On 11 February 2000, the records of the Abadilla murder case were transmitted to
the Supreme Court for automatic review, docketed as G.R. No. 141660-64, the case at
bar.
On 15 March 2000, four of the "Abadilla 5" led by petitioner Lenido Lumanog
filed a Petition for Certiorari (Rule 65) in the Supreme Court, questioning respondent
Judge Jaime Salazar, Jr.'s denial of his motion to present additional evidence on the ABB
angle, and docketed as G.R. No. 142605. On 18 July, the Supreme Court consolidated
this with the automatic review.
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