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 />
presented to <strong>the</strong> one who is supposed to identify suspects are <strong>the</strong> suspects <strong>the</strong>mselves and<br />
no one else.<br />
In fact, <strong>the</strong> way <strong>the</strong> question was formulated, “sa mga taong naririto ngayon sa<br />
opisinang ito, sino sa kanila ang makikilala mo?” was not even a proper formulation to<br />
identify suspects and link <strong>the</strong>m to <strong>the</strong> commission <strong>of</strong> <strong>the</strong> crime.<br />
This shows that this particular document, aside from being inadmissible for<br />
having been taken without <strong>the</strong> assistance <strong>of</strong> any lawyer at all, is also <strong>of</strong> no probative<br />
value as it does not meaningfully link <strong>the</strong> accused to <strong>the</strong> commission <strong>of</strong> <strong>the</strong> crime.<br />
It is also mind boggling why <strong>the</strong> police never bo<strong>the</strong>red to have <strong>the</strong> accused<br />
identified by any <strong>of</strong> <strong>the</strong> witnesses who came forward and expressed <strong>the</strong>ir willingness to<br />
testify just after <strong>the</strong> incident occurred. Not even Freddie Alejo, <strong>the</strong> eyewitness presented<br />
in court, was made to identify <strong>the</strong> accused in a police line-up.<br />
Alejo was only made to identify Joel de Jesus and Lorenzo delos Santos. The<br />
identification <strong>of</strong> Joel de Jesus is even doubtful as it have been <strong>the</strong> result <strong>of</strong> suggestion<br />
from <strong>the</strong> police because Alejo was shown pictures <strong>of</strong> Joel de Jesus which was compared<br />
to <strong>the</strong> cartographic sketches made through <strong>the</strong> description made by Alejo.<br />
It is equally suspicious why <strong>the</strong> prosecution never bo<strong>the</strong>red to present <strong>the</strong><br />
cartographic sketches as evidence <strong>of</strong> <strong>the</strong> basis for <strong>the</strong> arrests <strong>of</strong> <strong>the</strong> accused.<br />
The irregularity in <strong>the</strong> procedure by which <strong>the</strong> police conducted <strong>the</strong> case<br />
investigation, especially in not tapping <strong>the</strong> eyewitnesses who came forward and were<br />
willing to testify, in identifying <strong>the</strong> suspects in a police line-up, raises serious suspicion<br />
that <strong>the</strong>se eyewitnesses would not have pointed to <strong>the</strong> accused in this case as <strong>the</strong> actual<br />
perpetrators <strong>of</strong> <strong>the</strong> crime.<br />
2. The testimonies <strong>of</strong> prosecution witnesses did not tie up on material points<br />
with each o<strong>the</strong>r and with <strong>the</strong> documentary evidence regarding <strong>the</strong> alleged<br />
taking <strong>of</strong> <strong>the</strong> extra-judicial confessions at <strong>the</strong> IBP Office in Quezon City<br />
Hall <strong>of</strong> Justice.<br />
Page 81 <strong>of</strong> 127<br />
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