Republic of the Philippines - Campaign

APPELLANTS’ BRIEF
People of the Philippines vs. Fortuna, et. al.
S. C. G. R. No. 141660-64
TOTAL TIME ELAPSED from their
arrival at City Hall to start of taking Joel
de Jesus’ statement.
1 hour to 1
hour and 10
minutes
35 to 42
minutes
The document evidencing the alleged extra-judicial confession of Joel de Jesus
states that the statement was taken from 1:10 p.m. Taking the time frame according to the
two witnesses, it would have been impossible to start the taking of Joel’s statement at
1:10 p.m.
If we use Castillo’s testimony, the probable start of taking Joel’s statement would
have been 2:00 or 2:10 p.m. while if we use Garcia’s testimony, it should have started at
1:35 or 1:42 p.m. This is nowhere near the 1:10 p.m. written on the heading of Joel de
Jesus’ statement in question.
We have also pointed out earlier that the taking of the statement was allegedly
finished at 5:55 p.m. as appearing in the document itself and as confirmed by the police
officers. Yet, Joel de Jesus signed the document at exactly 5:00 p.m. How can this
happen that a document was signed 55 minutes prior to its completion?
Such inconsistencies indicate falsity in the assertions being forwarded by the
prosecution that the purported taking of the extra-judicial confessions of Joel de Jesus
and Lorenzo delos Santos allegedly at the IBP Office in Quezon City Hall ever really
happened.
3. Certain facts presented by the prosecution itself establish that Joel de
Jesus was interrogated by the police investigators right after his arrest,
without the assistance of counsel, and indicate that the alleged
interrogation of Joel de Jesus at the IBP Office did not actually take
place.
Moreover, certain facts advanced by the prosecution itself support the testimonies
of Joel de Jesus and Lorenzo delos Santos that their Constitutional rights to remain silent
and to have competent and independent counsels were violated.
Police Sr. Inspector Jose B. Macanas, witness for the prosecution, testified as to
the particulars of the arrest of Joel de Jesus, Cesar Fortuna and Lorenzo delos Santos.
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