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This document discusses two separate court cases - Lejano vs People of the Philippines and Lumanog vs People of the Philippines. In both cases, the credibility and reliability of eyewitness testimony is analyzed. In Lejano, the court found the eyewitness Jessica Alfaro to be credible despite a four year delay in reporting the crime and history of drug use, as she provided detailed testimony. The defendant Webb provided a strong alibi defense with extensive documentary evidence showing he was in the US at the time. In Lumanog, eyewitness Alejo positively identified defendants and his testimony was found credible by the trial judge based on his proximity and view of the crime. The defendants did not provide a clear alibi showing physical
This document discusses two separate court cases - Lejano vs People of the Philippines and Lumanog vs People of the Philippines. In both cases, the credibility and reliability of eyewitness testimony is analyzed. In Lejano, the court found the eyewitness Jessica Alfaro to be credible despite a four year delay in reporting the crime and history of drug use, as she provided detailed testimony. The defendant Webb provided a strong alibi defense with extensive documentary evidence showing he was in the US at the time. In Lumanog, eyewitness Alejo positively identified defendants and his testimony was found credible by the trial judge based on his proximity and view of the crime. The defendants did not provide a clear alibi showing physical
This document discusses two separate court cases - Lejano vs People of the Philippines and Lumanog vs People of the Philippines. In both cases, the credibility and reliability of eyewitness testimony is analyzed. In Lejano, the court found the eyewitness Jessica Alfaro to be credible despite a four year delay in reporting the crime and history of drug use, as she provided detailed testimony. The defendant Webb provided a strong alibi defense with extensive documentary evidence showing he was in the US at the time. In Lumanog, eyewitness Alejo positively identified defendants and his testimony was found credible by the trial judge based on his proximity and view of the crime. The defendants did not provide a clear alibi showing physical
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.
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