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 />
fully intend to fight for it in <strong>the</strong> Supreme Court, including by<br />
now asserting my constitutional right to be heard not only by<br />
counsel but also by myself. In o<strong>the</strong>r words, before it is too late, I<br />
wish to take <strong>the</strong> witness stand to pr<strong>of</strong>fer all possible legal<br />
defenses to prove my innocence <strong>of</strong> a crime I did not commit for<br />
<strong>the</strong> simple reason that I was doing something else in ano<strong>the</strong>r<br />
place at <strong>the</strong> time and, more importantly, that ano<strong>the</strong>r group was<br />
<strong>the</strong> one truly responsible for it.<br />
As can be gleaned from his Affidavit, accused-appellant Lumanog would have<br />
testified in <strong>the</strong> event <strong>of</strong> new trial on <strong>the</strong> Alex Boncayao Brigade (ABB) angle,<br />
particularly his non-involvement in this Leftist rebel group and in <strong>the</strong> Sparrow unit-style<br />
ambush-killing <strong>of</strong> Abadilla, on his being treasure-hunting in Mabalacat, Pampanga at that<br />
time, on his associations with persons <strong>of</strong> military and police background as a security<br />
agency branch manager, Guardians Bro<strong>the</strong>rhood chapter president and candidate for<br />
councilor in Quezon City, and on his ordeal <strong>of</strong> torture, incommunicado detention and<br />
o<strong>the</strong>r gross human rights violations as a suspect in <strong>the</strong> Abadilla murder.<br />
Unfortunately, <strong>the</strong> said Motion for New Trial was erroneously denied by <strong>the</strong> faultily<br />
premised Resolutions dated 28 May 2002 and 17 September 2002 in this automatic<br />
review.<br />
VIII. THE TRIAL COURT ERRED WHEN IT DISREGARDED,<br />
BASED ON MERE CONJECTURES, THE ALIBI DEFENSES OF<br />
ACCUSED AUGUSTO SANTOS AND LENIDO LUMANOG.<br />
A. The trial court’s reasoning in not giving credence to <strong>the</strong> defense <strong>of</strong> Augusto<br />
Santos was not based on any evidence but on mere conjectures.<br />
In brushing aside <strong>the</strong> defense <strong>of</strong> Augusto Santos, <strong>the</strong> trial court wrote:<br />
8. As to Augusto Santos, <strong>the</strong> court likewise finds his<br />
alibi substantially deficient in <strong>the</strong>se respects.<br />
(a) jurisprudence dictates that an alibi buttressed by<br />
an accused’s relatives is highly suspect. In <strong>the</strong> case at bench,<br />
Augusto’s alibi is supported only by his bro<strong>the</strong>r-in-law.<br />
(b) said bro<strong>the</strong>r-in-law, Jonas Ayhon, did produce a<br />
birth certificate from Fabella Hospital that his child was born on<br />
June 11, 1996 and was discharged on June 13, 1996. However,<br />
<strong>the</strong> court finds it significant that according to Augusto he resides<br />
in Fairview, Q.C., while Jonas stated that in 1996 his family<br />
resided in Buendia which, as far as this court knows is in Makati<br />
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