Lejano vs People of the Philippines

Lumanog vs People of the

Philippines

Credibility of the Witness

Credibility of the Witnesses

The testimony of Jessica Alfaro as the

eyewitness, describing the crime and
identifying Webb, Lejano, Gatchalian,
Fernandez, Estrada, Rodriguez, and two
others as the persons who committed it

The trial judge took into account the

proximity of Alejo to the spot where the
shooting occurred, his elevated position
from his guardhouse, his opportunity to
view frontally all the perpetrators for a
brief time -- enough for him to remember
their faces and his positive identification
in the courtroom of appellants as the six
(6) persons whom he saw acting
together in the fatal shooting of Abadilla
on June 13, 1996.

Webbs participation is the anchor of

Alfaros story. Without it, the evidence
against the others must necessarily fall.

Alejo was very near the place where

Abadilla was shot and thus had a good
view of the gunmen, not to mention that
the two (2) lookouts directly approached
him and pointed their guns at them

The length of time which took Alfaro to

come forward and testify in the case is
most conspicuous. The delay of four (4)
years in reporting the crime has to be
taken against her, particularly with the
story behind it.

Alejo immediately gave his statement

before the police authorities just hours
after the incident took place

Alejo made an out-of-court identification

pointed/ positively identified appellant
Joel de Jesus and Lorenzo delos Santos in
a line-up at the police station together
with police officers
Dissenting Opinion

Alfaro underwent exhaustive and intense

cross-examination by eight (8) defense

lawyers, it is to be noted that she

revealed such details and observations
which only a person who was actually
with the perpetrators could have known.
Alfaros detailed testimony appears clear
and convincing, thus giving the Court
the impression that she was sincere and
credible
Habitual drug use and delay in reporting
a crime did not affect the competence
and credibility of prosecution witness
Alfaro

Defense of the Alibi

Defense of the Alibi

Webb presented the strongest alibi

through (a) the travel preparations; (b)
the two immigration checks; (c) details
of
US
sojourn;
(d)
the
second
immigration check; and (e) alibi versus
positive
identification;
and
(f)
a
documented alibi.

The appellants did not present clear and

convincing excuses showing the physical
impossibility of their being at the crime
scene between 8:00 oclock and 9:00
oclock in the morning of June 13, 1996.

Webb submitted the following

documentary evidence in connection
with his sojourn in the US:

Negative findings of ballistic and

fingerprint examinations

1) Video Tape recording of Disneyland

trip on July 3, 1991;
2) Official Receipt issued by Orange
Cycle Center dated June 30, 1991,
photographs of the bicycle purchased by
Webb from said store;
3) Car plate with the name "Lew Webb";
4) Passport with Philippine Immigration
arrival stamp;
5) Photographs of Webb with Rodriguez
family;
6) California Drivers License of Webb,
Original License Card of Webb issued on
June 14, 1991;
7) Statement of Account issued to

Environment First Termite Control

showing Check No. 0180; Bank of
America Certification on Check Nos.
0122 and 0180;
8) Public Records of California
Department of Motor Vehicle on sale to
Webb of Toyota MR2 car; Traffic citations
issued to Webb; Import documents of
said car into the Philippines;
9) Certification issued by the US
Immigration and Naturalization Service
and correspondence between US and
Philippine Government; computergenerated print-out of the US-INS
indicating date of Webbs entry in USA
as March 9, 1991 and his date of
departure as October 26, 1992; US-INS
Certification dated August 31, 1995
authenticated by the Philippine
Department of Foreign Affairs, correcting
the earlier August 10, 1995 Certification;
10) Certification issued by Agnes
Tabuena;83 Passenger Manifest of PAL
Flight No. 103; PAL ticket issued to
Webb,85 Arrival in Manila Certification
issued by the Philippine Immigration,86
Diplomatic Note of the US Department of
State with enclosed letter from Acting
Director Debora A. Farmer of the Records
Operations, Office of Records of the USINS stating that the Certification dated
August 31, 1995 is a true and accurate
statement;87
and
Certificate
of
Authentication of Philippine Consul
Herrera-Lim.

The Supreme Court gave very high

credence
to
the
compounded
documentary alibi presented by Webb.
This alibi altogether impeaches Alfaros
testimony not only with respect to him,
but also with respect to the other
accused.

Antonio Lejano and Michael Gatchalian

likewise raised the defense of alibi
claiming that they spent the night of
June 29, 1991 until early morning of June
30, 1991 watching video tapes at the
house of Carlos Syap at Ayala Alabang
Village.