People v. Lava et al.

G.R. No. L-4974-8 May 16, 1969

FACTS: Lava et al were charged with the commission of the crime of rebellion complexed with
multiple murder, arsons and robberies. Seized documentary and other articles were placed in
the custody of the Philippine Constabulary because they had to be presented as evidence in the
trial of rebellion cases pending in other courts. Most of the originals of the documentary evidence
were burned during the fire that gutted the headquarters of the Philippine Constabulary on
September 10, 1958. The Solicitor General filed a petition for the reconstitution of the burned
exhibits. The petition for reconstitution was given by the Court. The appellants assail the
reconstitution of the exhibits that were destroyed, and claim that the reconstituted exhibits
should not be considered.
In. GR. No. L-4974, in the course of the trial in the RTC, the evidence relied upon were
only documents that were seized during raids on different places were Lava had been. Some of
these documents were Lava's handwriting, or were signed by him using his alias names. These
were clearly established by the testimony of a handwriting expert that was presented by the
prosecution. The conclusion of the handwriting expert was based on the specimens of Lava's
handwriting which were used as standards in comparing with the handwriting and/or signature
(in alias) of the appellant that appear in the documents that were presented as evidence against
him. Some documents were presented for comparison on Lava’s signature are:
1. An application for employment signed by Jose Lava. The signature thereon was testified
to by witness Eduardo Romualdez (now Secretary of Finance) as looking "like the
signature of Jose Lava." Eduardo Romualdez was acquainted with the handwriting of Jose
Lava, having received reports, parts of which were in the handwriting of Jose Lava "not
less than three or four times" while Jose Lava, was a bank examiner; and
2. A cardboard containing a list of books requested by Jose Lava while the latter was
detained in Bilibid Prison. Buenaventura Villanueva, to whom the list was given, testified
that he saw Lava writing the list on the cardboard.
Lava’s counsel contended that no genuine specimen of Lava's handwriting was presented as
standard for comparison.