The court said the "portion of Alfaro's story appears tortured to accommodate the physical evidence of the ransacked house" adding that "it is a story made to fit in with the crime scene although robbery was supposedly not the reason Webb and his companions entered that house". But in the Abadilla case, not only did the SC affird the CAs ruling in rejecting the defence of alibi, it did not also question the CAs formulation of conjectures on which it based its judgement. This is one of the most controversial and widely publicised massacre cases because of the involvement of the son of a former Philippine . For almost two decades, Filipinos have been mystified by the brutal 1991 killing of a mother and her two daughters. Among the defense witnesses was Artemio Sacaguing, a former, now deceased NBI official who testified that Alfaro was an NBI asset who only volunteered to assume the role of the eyewitness when she could not produce the actual witness to the Vizconde killings. It held that a positive declaration from a witness that he saw the accused commit the crime should not automatically cancel out the accuseds claim that he did not do it. [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. Alfaro, upon explaining on how the house was ransacked, (the Paraaque police had earlier blamed house robbers as suspects), said that Ventura was looking for the front-door key and the car key. [17], On January 6, 2000, Judge Tolentino rendered her decision, finding Hubert Webb, Peter Estrada, Hospicio Fernandez, Michael Gatchalian, Antonio Lejano II and Miguel Rodriguez guilty beyond reasonable doubt of the crime of rape with homicide. The other accused were Artemio Dong Ventura, Michael A. Gatchalian, Hospicio Pyke Fernandez, Peter Estrada, Miguel Ging Rodriguez, and Joey Filart. "I doubt that at this time, physical evidence will be available because a lapse of time has taken place, but that's the only way we can find the true killers." Run after Alfaro He alleged that he could not forget Webb because Biong had allegedly threatened him, Do not cheat him. TV-14. It was Alejo who had positively identified Joel and Lorenzo (delos Santos) during a police line-up. Thus the SC decision on the Vizconde massacre is flawed, Paguia averred, citing a portion of Fortich v. Corona, 312 SCRA 751, at 758 where the SC itself ruled that unless the minimum number of EIGHT votes for a majority is attained there is no decision to speak of, therefore the release order of the Webb group should not have been signed. InVizconde case: Jessica Alfaros positive identification was rejected because she did not meet the test of a credible witness and that what she personally saw must be believable, not inherently contrived. [22], On October 8, 2010, Webb filed an urgent motion for acquittal. 4. G.R. The court noted the inconsistency between Alfaro's testimony of Webb being Carmela's boyfriend, who had no reason in breaking the glass panel of the house's front door to enter the house; Alfaro said that Webb "picked up some stone and, out of the blue, hurled it at the glass-paneled front door". The SCs decision affirming the guilty verdict by the Regional Trial Court (RTC) of Quezon City on the Abadilla Five, the five men accused in the murder of police colonel Rolando Abadilla on June 13, 1996, is already the subject of a final appeal filed on October 8, 2010. As a result, the court reverses the decision of the Court of Appeals, and acquits Webb, et al. In open court, he already said there were six, not four assailants; that it was two other gunmen, not one of the four present close to the car who pointed the gun at him; and he was not nervous but rather had the opportunity to see the faces of all the assailants facing him all at the same time. After the shooting, he could have easily and quickly transferred to Camp Crame between 9:00 and 9:30 in the morning. The AHRC is deeply concerned by the contradiction in the application of jurisprudence by the SC in these cases, particularly its ruling on positive identification, the credibility of witness and its appreciation of forensic evidence. Webbs co-accused, Antonio Lejano, is a son of a known singer and celebrity. Only minor cases, like oral defamation and quarrel between neighbors, are handled by the barangay. Of the 15 Justices, 7 voted for acquittal while four dissented and four Justices, including Carpio, did not participate.[27][28]. De Lima said the evidence that showed Webb and any of the co-accused were in the country came from the magnetic reel tape (MRT) of the Philippine Bureau of Immigration (BI) where all records of incoming and outgoing passengers from the Philippines are recorded. December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm So, some sectors are calling for Eleazars extension until after the May 2022 elections. The SC did not apply the two tests it invoked on the Vizconde case before accepting the positive identification of Alejo as credible, and him as a credible witness. There was only one vital witness for the prosecution, Freddie Alejo. She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. [29] Besides the horror itself, the suspected perpetrators included high-society figures. Six months is not enough for him to clean up the Aegean stable that is the PNP. Eh di sana may sweldo ako. So how can such accused penetrate a mind that has been made cynical by the rule drilled into his head that a defense of alibi is a hangmans noose in the face of a witness positively swearing. By continuing to browse the site, you are agreeing to our use of cookies. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. InVizconde case: The majority of the justices strongly argued against relying on conjectures on deciding the case, particularly on the claim that Hubert Jeffrey could have been in the Philippines, and not in the U.S., when the crime happened. The lower courts, the Supreme Court said, held that "Webb was actually in Paraaque when the Vizconde killings took place". [29], The court also held that the testimony of the Webb's maid, Mila Gaviola, was also unreliable since she was not able to distinguish if it was Hubert whom she saw on June 30, 1991, nor "did she remember any of the details that happened in the household on the other days". On April 28, 1995, National Bureau of Investigations asset and self-confessed drug user Jessica Alfaro came forward to police authorities to shed light on the killing of the Vizconde family. The NBI is the agency responsible in providing security and protection of witnesses admitted under WPP. February 26, 2021. . Philstar Global Corp. All Rights Reserved. Executive M/Sgt. Webb was among the nine people convicted by Paranaque Regional Trial Court Branch 274 Presiding Judge Amelita Tolentino in January 2000 for the killings. The court also amended the award of damages from 100,000 pesos to 200,000 pesos, and also upheld the conviction of Biong as accessory to the crime "by abusing his public functions to conceal and destroy the physical evidence in order to prevent the discovery of the crime and by allowing the destruction of the physical evidence, Biong facilitated the escape of the principal accused. [5] The other defendants were convicted by the Paraaque Regional Trial Court, which the Court of Appeals affirmed. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. It held that the acquittal of their co-accused does not necessarily benefit the appellants. Webb was the prime suspect of the infamous homicide that occurred on June 30, 1991. [11], The defense produced documents and presented 95 witnesses, including Hubert Webb himself and his father, along with other relatives and friends to support Webb's alibi that he was in the United States from March 9, 1991, to October 26, 1992. Alejo confirmed these two (2) as the persons he saw from his guard post walking to and fro before the shooting incident. The trial of the case having been long concluded, the requirements of the law may have been satisfied, but not the demands of justice. Vizconde Massacre Case Digest - Philippine True Crime Stories | Martin Rules. But Villaramas opinion was not considered by the SC in their majority decision. Movie producers and directors rode the wave of public outcry by creating true-to-life films based on such heinous crimes. After reading about how responsive Secretary Benhur Abalos is to matters raised by the media, some members of the PNP, particularly in the province of Iloilo, have shared through channels about their operational Local producers wont like it, but it looks like in the near future, there will be a flood of imported agricultural commodities. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. 176864 People of the Philippines vs. Hubert Webb, et. Credibility of a witness: In Vizconde case not credible, but credible in the Abadilla case. Her mother, Estrellita, 47, and sister, Jennifer, 7, were also killed. Several jeepney drivers groups have called for an unprecedented one-week strike next week to demand extension of the deadline for phasing out traditional vehicles and replacing them with modern It will take over 200 years for women to be at par with men, a news report from Davos said. Lorenzo delos Santos was acquitted due to lack of evidence, but the RTC, the CA and the SC ignored that fact that the same positive identification it invoked in convicting the Abadilla Five came from exactly the same testimonies that have been used to acquit Delos Santos. 1. Hubert Jeffrey Webb sought for an acquittal after he had found out that the NBI could no longer produce the DNA specimen extracted from the cadaver of the rape victim. All rights are reserved. Alfaro, who had "practically lived" at the NBI's offices, would have been able to hear about the details, and gain access to the documents, without difficulty. On October 1, 1996, Judge Amelita Tolentino admitted only 10 of the 142 pieces of evidence the defense presented. The Vizconde massacre, dubbed the crime of the 20th century, was my defining moment as a columnist and defender of the oppressed and those wrongfully accused. The Supreme Court acquitted them on Dec. 14, 2010. Sacaguing broke the guidelines in taking affidavits from witnesses. May I invite you to watch?). The women were found dead with multiple stab wounds and no witnesses, murder weapons or motive have been uncovered. Lauro Vizconde the husband of Estrellita and father of Carmela and Jennifer, was in the United State on business when the murders took place. [49], On January 4, 2011, Justice Secretary Leila de Lima said suspect Joey Filart was spotted in the United States. [citation needed] (The Philippine Rules of Evidence require official attestation of the authenticity of any public document presented in evidence; as per Sec. The SCs decision in acquitting all the accused in the Vizconde case has fundamental contradictions to its earlier decision affirming the guilty verdict of the accused in the Abadilla case. ", Jessica Alfaro: Alfaro's e-mail from abroad read. Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. No. In a 38-page strongly-worded decision promulgated on Tuesday, the . No. [2] Tolentino said the certificates issued by the US Immigration and Naturalization Service and the Philippine Bureau of Immigration "could have easily been obtained by the powerful Webb family". [30], In three separate occasions, police authorities mistakenly arrested persons they believed to be suspect Joey Filart: a namesake in August 1995, the same person again in February 2000, and a person from Compostela Valley in March 2000. 132577 People of the Philippines vs. Hubert Jeffrey P. Webb, 1999, G.R. In rejecting questions to Alejos credibility, the SC affirmed the CAs ruling that the credible testimony of a lone witness(es) assumes more weight when there is no showing that he was actuated by improper motive to testify falsely against the accused, as in the case of Freddie Alejo. Kaya laban lang tayo. Alfaro said Estrellita was killed before Webb began to rape Carmela. Both Webb and del Toro could not describe in court what Hubert's work was, Tolentino said. Kung di ninyo ako pinabayaan, 'di ako magkakaganito. (Fuck you all! All of these had been applied in acquitting the accused in the Vizconde case, which is contradictory to its earlier decision affirming the conviction of the Abadilla Five. This is a violation of the duty of state." But Custodio admits this may be easier said than done. Hence, it was not physically impossible for them to travel to Quezon City via the North Expressway at the time the crime took place; On Augusto Santos, the corroboration of his brother-in-law, Jonas Padel Ayhon, that he was at the Jose Fabella Hospital when the crime happened, the CA rejected his corroboration because he was not an impartial witness and ruled that where nothing supports the alibi than the testimony of a relative, it deserves scant consideration. It was also not true that there was no showing that he (Alejo) was actuated by improper motive to testify falsely against the accused because the defence had since been challenging his credibility during the trial. Remember when I made the disclosure that someone is pressuring the justices to vote for a reversal? [65] One team uncovered Black Maria, a woman whom one witness said had told him she was with Webb's group inside the Vizconde home and saw the crime take place. [54] He was laid to rest at Manila Memorial Park Sucat on February 17. Democrito Barcenas, former Integrated Bar of the Philippines Cebu City president and regional coordinator of the Free Legal Assistance Group (FLAG): I think that most of the justices are right in their decision. Powered by, Appendix: Case analysis: Supreme Courts rulings on Vizconde and Abadilla cases are contradictory, http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm, http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm, http://campaigns.ahrchk.net/abadilla5/docs/A5-FinalAppealPetition.pdf, http://campaigns.ahrchk.net/abadilla5/docs/A5-CAdecision.pdf. Subscribe to INQUIRER PLUS to get access to The Philippine Daily Inquirer & other 70+ titles, share up to 5 gadgets, listen to the news, download as early as 4am & share articles on social media. On the acquittal of Lorenzo delos Santos, the accused whom Alejo had also positively identified, it ruled that his acquittal did not damage Alejos credibility; and his positive identification of the accused. In the said stockroom, there is a small door going to Hubert's room and in that door there is a small opening where she used to see Hubert and his friends sniffing on something. Guillermo Lorenzo Guilor Eleazar, recently appointed chief of the Philippine National Police (PNP), bows out on Nov. 13 this year when he reaches the mandatory retirement age of 56. 182555/G.R. [19], The Court of Appeals' Third Division voted 32 to deny Webb's motion for reconsideration and upheld the ruling of Judge Tolentino on December 16, 2005. [15] The accused alleged that by rejecting 132 of the 142 pieces of evidence, Tolentino had set the tone for their conviction. This is despite questions to his credibility for receiving money and enjoying privileges while he was in Abadillas custody and the existence of inconsistencies in his testimonies in open court. [25][26], On December 14, 2010, the Supreme Court reversed the earlier judgment of the lower court and Court of Appeals and acquitted seven of the nine accused, including Hubert Webb, finding that the prosecution failed to prove that the accused were guilty beyond reasonable doubt. Birrer said she had accompanied Biong to the Vizconde house to destroy the evidence and to retrieve Webb's jacket and the murder weapon. Hong Kong On June 30, 1991, Estrellita Vizconde and her two daughters: Carmela and Jennifer, were found lifeless inside their home in Paraaque. Cabanacan said Webb had entered the subdivision (where the Vizconde house was located) a few days before the massacre and that he even identified himself as the son of then Congressman Webb. Includes gruesome real photos from the crime scene. This was how Lauro Vizcondes relatives summed it up on Thursday night after a Mass marking the 20th anniversary of the death of his wife Estrellita and daughters Carmela and Jennifer. Biong was released from jail on November 30, 2010, after serving his sentence. But to Judge Amelita Tolentino of the Paranaque Regional Trial Court, the truth was the account of star witness Jessica Alfaro. Hubert argued that the specimen could exonerate him from the charge and support his defence that he did not rape the victim. White, on the other hand, said he saw the three cars enter the subdivision on the night of June 29, as Alfaro had testified; White also testified that policeman Gerardo Biong was the first to arrive at the crime scene. The term dirty politics is appropriate for that kind of set-up. Tel: +(852) 2698 6339 Among those present were former Vice President Teofisto Guingona; Arsenio Boy Evangelista, father of carjack victim Venson Evangelista; Dacer-Corbito witness Cezar Mancao and his lawyer Ferdinand Topacio; and members of the Volunteers Against Crime and Corruption (VACC). He was sentenced to eleven years in prison. You are just a few clicks away from making Sison was ordered to desist from further investigating that angle by then Philippine National Police Capital Region Commander Marino Filart after six members of akyat bahay gang (burglars) were arrested by Regional Police Unit in October 1991. [52] On June 14, 2011, Hubert Webb filed a P180,000 compensation claim for "unlawful conviction" for the Vizconde massacre. Secondly, in the Abadilla case the SC held that the defense of alibi is weak, but in the Vizconde case it held that not all denials and alibis should be regarded as fabricated. The court said that Alfaro was not a credible witness and that her "story of what she personally saw must be believable, not inherently contrived". Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. But the grieving father couldn't distinguish the truth from the lies. The Vizconde Massacre was the multiple homicide of members of the Vizconde family on June 30, 1991 at their residence in BF Homes, Paraaque, Metro Manila, Philippines. Conjectures and suspicions are not facts, hence, they have no evidentiary value. Pitong, an electrician who since 1982, already knew the Webb family claimed he saw a laundry woman wash a bloodied T-shirt on the morning of the crime. She added that suspect Miguel Rodriguez warned her to "shut up or you're gonna get killed" in the same disco on April 8, 1995, prompting her to voluntarily submit herself to the National Bureau of Investigation (NBI) for protection. [2] Alfaro said that policeman Gerardo Biong "was instructed by Webb, in my presence, to take care of the house where the incident happened". This has resulted in the revelation by the National Bureau of Investigation (NBI) that they no longer had the specimens as these were remanded to the Paraaque courts. The court also said the same for the issue of the garage light: she claimed that Ventura climbed the car's hood, using a chair, to turn the light off. Asuncion, 27, was a constant playmate of Jennifer Vizconde, who was 7 years old when she was killed. I will kill you, brandishing a shiny revolver. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. 1 newspaper in terms of circulation and readership. The Jessica Alfaro Story in 1995 was meanwhile focused on the star witness, portrayed by Alice Dixson. But, unlike the house robbers, however the court points out that "Webb and his friends did not have anything to do in a darkened garage. The case remained unsolved for almost four years until eyewitness, Jessica Alfaro Testified that Hubert Webb is the lead suspect and responsible of the crime committed. As to the failure to present the forensic evidence and its subsequent loss, the SC held: the semen specimen taken from Carmela cannot possibly lie. It cautioned itself from accepting the testimonies of witnesses without applying these tests. Justice Villarama argued that a photocopy of Webbs passport in court to support his alibi and the testimonies of witnesses, mostly his relatives and friends, could not be given merit, by cautioning his fellow justices that it can be gleaned from the fact that passports and plane tickets indicating dates of arrival and departure do not necessarily prove that the very same person actually took the flight and added that indeed, alibi cannot be sustained where it is not only without credible corroboration, but also where it does not, on its face, demonstrate the physical impossibility of the accuseds presence at the place and time of the commission of the crime. While the SC rejected Alfaros testimony being not a credible witness, it held Alejo still a credible witness despite the inconsistencies in his testimony. With the exception of Filart and Ventura who had been convicted in absentia the men were acquitted by the Supreme Court on December 14, 2010 for failure of the prosecution to prove guilt beyond reasonable doubt. [48] Other witnesses say Webb was in the Philippines at the time of the murders. On January 4, 2000, the Regional Trial Court of Paranaque City rendered its judgement finding all the accused guilty as charged imposing a penalty of life imprisonment. Firstly, in the Vizconde case, the SC still held as credible the corroborating testimonies of the witnesses favouring Hubert Jeffrey who are mostly his relatives and friends in support of his defence of alibi. For example, the prosecutor, instead of admitting Alejo to the WPP during trial, rather chose instead to allow the Abadillas, who had an interest in Alejos testimony, to make him dependent on them for his livelihood at least for the duration of the trial of the case. [60] Mario, a hair stylist during the period June 1991, testified that Webb, along with Tony Boy Lejano and Dong Ventura had their haircut. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. The court also said that it was "possible for Alfaro to lie" on the details of the case. Estrellita, Carmela and Jennifer Vizconde. "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. We use cookies to ensure you get the best experience on our website. True Crime. I found this As of yesterday, police had arrested and filed criminal charges against six fraternity members suspected to have beaten to death John Matthew Salilig in a twisted concept ofbrotherhood. Still seeking justice for his family's grim fate, Lauro Vizconde exhausts all resources available to him. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. No. Abadilla Case Petition for Review on Certiorario:http://campaigns.ahrchk.net/abadilla5/docs/A5-FinalAppealPetition.pdf ), Among evidence that was not admitted by Judge Tolentino, was the note verbale from the United States Embassy in Manila claiming that Webb entered the United States in March 1991 and left in October 1992. When she could not produce the person, Sacaguing continued to press her saying that she might as well assume the role of her informant.. The SC identified the inconsistencies and the incredible facts in Alfaros testimony: her claim that Hubert Jeffrey Webb and Carmela Vizconde had a relationship; that Carmela had another lover whom she met just before Hubert came to her home and that she saw in open the five other accused taking turns in raping Carmela. Webb presented certifications from the U.S. Immigration but he failed to submit as evidence in court the original copy of his passport with immigration entry stamped on it. Alibi cannot prevail over the positive identification of a credible witness [140].. Firstly, the SC held Alfaro was not a credible witness. The Vizconde murders remained unsolved for almost four years, until eyewitness Jessica Alfaro, a self-confessed former drug addict, came forward on April 28, 1995, to shed light on the massacre. Hubert and his co-accused were convicted by the Paraaque Regional Trial Court for the crime on June 6, 2000. People vs. Bello, G.R. The men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. ), Moreover, Judge Tolentino also denied Webb's request to subject semen samples to DNA testing on the belief that the samples may no longer be intact. [29], In his dissenting opinion, Justice Villarama argued that the claim of Webb that he could not have committed the crime because he left for the United States on March 9, 1991, and returned to the Philippines only on October 26, 1992, was correctly rejected by the Regional Trial Court and Court of Appeals. Lejano and Ventura also took turns raping Carmela, before finishing her off with numerous stabs. The 47-year-old Estrellita had 13 stab wounds. The SC rendered its judgment on the Abadilla case on September 7 and on the Vizconde case on December 14 of this year [2010]. 16:53. The Vizconde murder case, colloquially known as the Vizconde massacre, was the multiple homicide of members of the Vizconde family on June 30, 1991 at their residence at 80 Vinzons Street, BF Homes, Paraaque, Metro Manila, Philippines.Estrellita Vizconde, 49, suffered thirteen stab wounds; Maria Carmela Vizconde, 19, suffered seventeen stab wounds and had been raped before she was killed . The SC required this test as necessary before a testimony of positive identification could be accepted as credible and with merit. Even if we were denied justice, I consoled them that at least people already know what really happened, he said. This column will tackle various topics on the days it will come out: Tuesday, Thursday and Saturday. I am not an NBI agent nor an NBI asset. I will continue to play that role as long as I live. Sulu in the eyes of my good friend Princess Jacel Kiram is a potential eco-tourism destination and fruit basket of the country. The prosecution of this case only began in August 10, 1995, four years after the massacre happened, when Jessica Alfaro, an informant working for the National Bureau of Investigation (NBI), told lawyer Artemio Sacaguing, an official of the NBI, that she knew someone who had the real story behind the Vizconde massacre. Alfaro could not possibly prove the relationship between Hubert and Carmela, as they were strangers to each other, and Alfaro also could not have possibly identified the other accused because all of them were strangers to her. VIZCONDE MASSACRE: 20 YEARS, TWO FACES OF JUSTICE Report by Maki Pulido It is one of the most controversial cases in the country's history, the most shocking crime in the 90s - the Vizconde Massacre. There was entry of (former senator) Freddie Webb leaving the country in March 1991 but no Hubert Webb, De Lima said. 121234 Hubert Webb et al. The Villadolid brothers were mentioned by a certain Rhoda Pujanes alias Dang, who claimed she overheard Villadolid and his friends, including Miguel Rodriguez and Michael Gatchalian (both co-accused of Webb), talking about the massacre during a pot session in 1991. The defense questioned Alfaro's credibility noting that she admitted to being under the influence of drugs when she allegedly witnessed the crime and had made inconsistent statements on her two affidavits. It was hard to tell which made up the truth and the lies. [55], On June 28, 2011, Justice Secretary Leila De Lima said Hubert Webb was in the Philippines when the murders took place. 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