Case Summary (G.R. No. 182555)
Facts of the Ambush
• June 13, 1996, ~8:00 a.m.: Col. Rolando Abadilla left home in a black Honda Accord (RNA-777)
• ~8:45 a.m.: SPO2 Arthur Ortiz received report of shooting on Katipunan Avenue
• Onlookers found Abadilla shot multiple times; pronounced dead on arrival at hospital
• Spent shells and slugs (.45 and 9 mm) recovered; crime‐scene photos taken
Eyewitness Account and Investigation
• Security guard Freddie Alejo’s testimony: two men (“lookouts”) approached his elevated guard post and ordered him down; four armed men surrounded Abadilla’s car and fired shots; one grabbed Abadilla’s bag after pulling him out and fired again; all six (including lookouts) then fled in a KIA Pride getaway vehicle
• Alejo immediately gave sworn statement; later positively identified accused in a police line‐up and in court
• Other witnesses (e.g., Ani Icot, Aurora Urbano) gave statements identifying an ambush by armed men, but were not presented at trial
Arrests, Statements, and Custodial Issues
• June 19–21, 1996: Suspects Joel de Jesus, Lorenzo delos Santos, Rameses de Jesus, Cesar Fortuna, Lenido Lumanog, and others apprehended in follow-up operations
• Joel de Jesus executed two extrajudicial confessions before CID investigators with an IBP lawyer present; he later alleged torture and lack of counsel
• Allegations of illegal arrest (no warrants), torture (plastic‐bag suffocation, electrocution), and denied constitutional rights were raised before the CHR and DOJ
Trial Court Proceedings
• Murder case (Criminal Case No. Q-96-66684) tried by RTC Quezon City, Branch 103
• Prosecution relied on eyewitness testimony of Alejo and physical evidence (shells, slugs, crime-scene photos); introduced ballistics and fingerprint reports showing no match with accused’s firearms or prints
• Defense presented alibi, ballistics/fingerprint reports, medico-legal evidence of injuries consistent with torture, and denials of involvement
• RTC gave greater weight to Alejo, discredited other witnesses (e.g., Merlito Herbas) as biased
• RTC found treachery and evident premeditation; convicted Fortuna, Rameses, Lumanog, Santos, and Joel; sentenced them to death; acquitted Delos Santos and Napolitano; awarded civil damages (actual, moral, exemplary)
Court of Appeals Ruling
• April 1, 2008: CA affirmed RTC decision with modification to reclusion perpetua (abolishing death penalty under 2006 law)
• Upheld Alejo’s credibility based on close proximity, elevated vantage point, clear daylight conditions, and positive, unwavering identification
• Explained ballistics/fingerprint reports inconclusive and alibi defenses unpersuasive or uncorroborated
• Denied motions for reconsideration
Issues on Identification and Due Process
• Positive identification by a sole eyewitness may support conviction if credible and no improper motive exists
• Challenges to eyewitness account: discrepancies in prior description vs. in-court identification; brief duration of observation; multiple perpetrators; lapse of two months between crime and trial
• Additional concerns: photographic identification shown only one suspect’s photo (impermissible suggestion); lack of counsel during police line-up for accused under custodial investigation; identification influenced by a coerced extrajudicial confession
Extrajudicial Confession and Right to Counsel
• 1987 Constitution, Art. III, Sec. 12(1): right to be informed of right to counsel “preferably of his own choice,” must be in writing and in counsel’s presence; Sec. 12(2): prohibits torture or means vitiating free will; Sec. 12(3): involuntary confession inadmissible
• R.A. 7438 affirms right to counsel at all times during custodial investigation and prohibits coercive methods
• Joel’s confessions invalid: no valid written waiver, counsel not effectively independent, counsel’s presence limited to swearing‐in, possible intimidation/torture thereafter
Ballistic and Fingerprint Evidence
• Firearms examiner: slugs from Abadilla’s body ballistically matched those in another shooting, not necessarily confiscated weapons of accused—thus inconclusive for prosecution’s theory
• Dactyloscopy report: no match of latent prints from Honda Accord or KIA Pride with accused’s fingerprints; accused weapons may not have been used; print absence may result from wiping or handling
Alibi and Physical Impossibility
• Alibi defense for all accused uniform
Case Syllabus (G.R. No. 182555)
Background of the Killing
- On June 13, 1996 at about 8:40 a.m., former PC/PNP Colonel Rolando N. Abadilla was ambushed as he drove a black Honda Accord (Plate RNA-777) along Katipunan Avenue, Quezon City.
- Four armed men surrounded his stopped car, fired several shots, opened the left door, grabbed his neck, dragged him onto the pavement, then fired again.
- The victim’s body was found bullet-riddled and bloodied beside the car; he died of hemorrhage from multiple gunshot wounds to the head and chest.
Initial Police Response and Crime-Scene Processing
- At 8:45 a.m., CPDC Station 8 officers led by Chief Insp. Edward Villena cordoned the scene, photographed the car and victim, and recovered spent shells and slugs from .45 and 9 mm pistols.
- Sketches and spot reports were prepared, items listed (including Abadilla’s gold PMA ring), and samples secured for lab examination.
- Witnesses were interviewed on the same day at CID-CPDC, Camp Karingal, and Station 8, CPDC, including a security guard (Freddie Alejo) who had a clear view from his elevated guard post.
Witness Observations at the Scene
- Cesar Espiritu, Aurora Urbano, Ani Icot, Freddie Alejo and Minella Alarcon saw Abadilla’s car stopped in traffic and four gunmen fire at him.
- Two suspects on the sidewalk had earlier walked back and forth in front of Alejo’s post and later threatened him (“Baba…dapa!”).
- Alejo identified one gunman who grabbed Abadilla’s clutch bag and pulled him from the car, then heard another shot.
- Alejo’s Sinumpaang Salaysay (June 13, 1996) and a later supplemental statement described positions of lookouts and shooters and served as early witness accounts.
Forensic and Medico-Legal Findings
- Autopsy by Dr. Jesusa N. Vergara: cause of death was hemorrhage from multiple gunshot wounds; also found abrasions and glass splinter injuries.
- Firearms Division examiner cross-matched slugs from Abadilla and another homicide victim (de Dios) as fired from the same gun.
- PNP Crime Laboratory’s fingerprint examiner lifted latent prints from three vehicles (Honda Accord, KIA Pride, Mitsubishi Lancer); only Rameses de Jesus’s print matched a fragmentary print on the Mitsubishi.
Follow-Up Operations and Arrests
- Joel de Jesus (“Tabong”) arrested on June 19, 1996 in Fairview; he gave a Sinumpaang Salaysay implicating himself as lookout and naming co-conspirators.
- Joel’s sworn statements (June 20–21) described planning and execution: use of .45, 9 mm, and .38 weapons; roles of participants; dispersal routes.
- Follow-up by “Task Force Rolly” led to the arrests of Rameses de Jesus, Cesar Fortuna, Lenido Lumanog, Augusto Santos, and Lorenzo delos Santos, supported by physical evidence (seized firearms, motorcycle).
Charges and Judicial Proceedings
- Criminal Cases Q-96-66679 to Q-96-66684: theft (abandoned), illegal possession of firearms (PD 1866), and murder under Art. 248 RPC with treachery, evident premeditation, in consideration of price.
- All seven accused pleaded not guilty to murder; other charges were later dismissed, leaving the murder case against five: Fortuna, Lumanog, Joel, Rameses and San