But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. a contribution to Human Rights work, Asian Human Rights Commission The public and the media continue to watch as the years go by . 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. 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. Former Paraaque policeman Gerardo Biong was found guilty as an accessory for burning bedsheets and tampering with other evidence in the crime. One of the justices, Roberto Abad, who dissented the majority decision affirming the guilty verdict wrote: the public prosecutor 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. [139] Against positive evidence, alibi becomes most unsatisfactory. On the contrary, it reopens it. 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. The other defendants were Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Filart and Artemio Ventura. February 26, 2021. . It defended the attack on Alejos credibility, for example, his inconsistencies on the number of gunmen, arguing that this had already been explained by Alejo during cross-examination by correcting his earlier statement and that the affidavits, being ex-parte, are almost always incomplete and often inaccurate, but do not really detract from the credibility of witnesses. Hell never return to the Philippines, said the Thai tourist whose cash was filched by Manila airport security personnel. [48] Other witnesses say Webb was in the Philippines at the time of the murders. [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. She did not show up at the NBI as a spontaneous witness (only after four years) bothered by her conscience. No. Visconde Masscre - Weebly TRUTH OUT, HEALING BEGINS. Justice Secretary Leila de Lima yesterday said the government task force re-investigating the 1991 Vizconde massacre case has found another witness and was convincing him to come out in public and "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. 127262 Hubert Webb, et al. It is said that being elected president is a gift from God. Movie producers and directors rode the wave of public outcry by creating true-to-life films based on such heinous crimes. The prescription period does not matter to me, its just a date, he said. [29], For the alibi to be established "the accused must prove by positive, clear, and satisfactory evidence that he was present at another place at the time of the perpetration of the crime, and that it was physically impossible for him to be at the scene of the crime". Sacaguing broke the guidelines in taking affidavits from witnesses. Alfaro also said that she bumped into Biong at the Faces Disco in Makati in March 1995 and relayed to her the offer of the group to give her a free ticket to the United States to shut her up. Thus, her testimony could not be admitted. September 7, 2010http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm In rejecting the defence of the accused, the SC also affirmed the conjecture the CA had put forward as to the possibility that the accused could have been present or somewhere at the vicinity where the crime took place, as mentioned below: On Joel de Jesus, it was not impossible for him to have gone also Katipunan Avenue (from Quezon City where he was driving), which is also part of Quezon City, not to mention the fact that with his tricycle, he could have easily moved from one place to another; On Rameses de Jesus and Lenido Lumanog, their claims lack credence as they are unsupported by the testimonies of independent witnesses. [53], Lauro Vizconde, family patriarch and the founding president of the Volunteers Against Crime and Corruption, died on February 13, 2016, at the age of 77. Webb wanted Alfaro, the then-girlfriend of one of the accused men, Peter Estrada, to join them because Estrellita Vizconde only allowed her daughter to go out and entertain female visitors. You are just a few clicks away from making Hopefully, if they will surface, public pressure will snowball and I will finally get the justice I am looking for, he said. 176864 People of the Philippines vs. Hubert Webb, et. 'Hubert Webb was in PH during Vizconde massacre' - ABS-CBN News Aug 5, 2008. Like the accused in the Vizconde case and for any other cases for that matter, the accused in the Abadilla murder case also deserve equal protection of the law. InAbadilla case: The SC affirmed the CAs judgement as inconclusive the use of forensic evidence, for example, the fingerprints and ballistic test results, showing that none of the five accused had their fingerprints match to those extracted from the murder victims car. Equal protection of the law is fundamental in the countrys Constitution. Abadilla Case Petition for Review on Certiorario:http://campaigns.ahrchk.net/abadilla5/docs/A5-FinalAppealPetition.pdf [22], On October 8, 2010, Webb filed an urgent motion for acquittal. Kaya laban lang tayo. Nephews had posted a banner declaring "Truth prevails 20 years after" and demanding "Final justice for the Vizconde massacre victims," in apparent reference to government probers' claims . By providing an email address. 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. Still seeking justice for his family's grim fate, Lauro Vizconde exhausts all resources available to him. The President has time and again said that he was very tired of running the country and, if he had his way, would have stepped down. [165] The discrepancies between a sworn statement and testimony in court do not outrightly justify the acquittal of an accused,[166] as testimonial evidence carries more weight than an affidavit. They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. [2][12] Security guards Justo Cabanacan and Normal White. Sign up now! 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. No. "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 Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. For example, I was the first one to report the shooting of 16-year-old Maureen Hultman and her boyfriend by the son of former chief justice Claudio Teehankee in 1991 in my column at theInquirer, because the girls stepfather, Anders, a Swede, came to myIsumbongoffice at Radyo Veritas. Given the financial resources and political influence of his family, it was not unlikely that Webb could have traveled back to the Philippines before June 2930, 1991 and then departed for the US again, and returning to the Philippines in October 1992. Those initially jailed for. Let the love of God prevail. The Vizconde massacre revisited | ABS-CBN News Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. [6][7][8] The suspects said they were tortured and forced to confess to the crime before they were presented by Filart to the media. 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. A second movie, The Untold Story: Vizconde Massacre II, was released in 1994. Under the law, prosecutors of a murder case are given 20 years from the time it occurred or the time it was discovered to identify suspects and charge them in court. No. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. The remains of his wife and daughters were also exhumed from their grave at Holy Cross Memorial Park in Quezon City and transferred to his grave. Copyright 2023. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. Envy aliens who can avoid PH; pity Pinoys who are stuck here. [56][62][63][64] Dang claimed to have heard Dong Villadolid shouting at the top of his voice, saying they had raped and killed a certain Maria (presumed to be Maria Carmela Vizconde) and other persons. 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. The court ruled that Alfaro was "a stool pigeon, one who earned her living by fraternizing with criminals so she could squeal on them to her NBI handlers." 176864), it became one of the most sensational cases in the Philippines, being described as a "trial of the century". I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. Similar to the accused in the Vizconde case, all the accused in the Abadilla case invoked their defence of alibi. But to Judge Amelita Tolentino of the Paranaque Regional Trial Court, the truth was the account of star witness Jessica Alfaro. 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. 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. I told my family that I did my best. Both Webb and del Toro could not describe in court what Hubert's work was, Tolentino said. Vizconde marks 20th year of murders: Time to move on The Vizconde massacre - my defining moment | Philstar.com On SPO2 Cesar Fortuna, the RTC, the CA and the SC, accepted the fact that he was at Camp Crame, but the SC affirmed the RTC and the CAs conjecture that it was not impossible for him to have gone to Katipunan road, Blue Ridge, which is relatively near Camp Crame when the shooting happened around 8.40 in the morning. Be consoled that the truth will always come out, Hernandez advised Vizconde. al., 2010, https://en.wikipedia.org/w/index.php?title=Vizconde_murders&oldid=1138122178, Loss of DNA evidence not a ground for outright acquittal. . After the shooting, he could have easily and quickly transferred to Camp Crame between 9:00 and 9:30 in the morning. G.R. The Vizconde Massacre | Shows | discovery+ The jurisprudence mentioned above that the SC invoked has not been equally applied. [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. I was a barbarian in my college years at the University of the Philippines. By continuing to browse the site, you are agreeing to our use of cookies. On Vizconde Massacre, Hubert Webb and the Quest for True Justice (1st But the grieving father couldn't distinguish the truth from the lies. He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. The San Jose police station eventually received and filed the complaint with the prosecutors office in Batangas City, only after my staff at Isumbong mo kay Tulfo told them Diazs arrogance would reach Camp Crame. The most significant topic that Ive ever written about and which I personally got involved in was the Vizconde massacre. [29], The court said that "among the accused, Webb presented the strongest alibi". The SC, however, upheld the RTC and the CAs judgement that the defence of alibi of the accused is a weak defense, (and that) for it to prosper, the accused must prove not only that he was at some other place at the time of the commission of the crime, but also, that it was physically impossible for him to be or within its immediate vicinity. For example, it rejected as not impartial the corroborating testimony of Augusto Santoss brother-in-law that he was at the hospital with him when Abadilla was murdered. God would be stupid to borrow Digongs words if He gifts him the vice presidency the second time around. The lower courts, the Supreme Court said, held that "Webb was actually in Paraaque when the Vizconde killings took place". Alfaro testified that as Webb followed Carmela into the dining room, she decided to step outside for a smoke. Tolentino also found it hard to believe that Webb was working with a pesticide company because he was asthmatic and allergic to various substances. SC slams 'unbelievable' testimony of Vizconde massacre witness I got my style of writing when I was a reporter, news writer and newsreader on radio during the pre-martial law era, and as a deskman and feature writer of the Philippines News Agency (PNA). Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. The Supreme Court acquitted them on Dec. 14, 2010. Allan (surname intentionally omitted), stepfather of a 16-year-old girl who was nearly raped by a neighbor, went with his daughter to the police station in San Jose, Batangas recently to file a complaint. Welcome to my maiden column in TheSTAR, now the countrys No. Sulu in the eyes of my good friend Princess Jacel Kiram is a potential eco-tourism destination and fruit basket of the country. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. The lower courts, however, reasoned that "Webb's alibi cannot stand against Alfaro's positive identification of him." They were victims of gory murder; Carmela was raped before she was killed. [2][20], The court ruled that the Paraaque RTC was correct in sentencing Webb et al. Therefore, the applications of the SC on evaluating the defence of alibi of the accused have not been equally applied in these two cases. So, some sectors are calling for Eleazars extension until after the May 2022 elections. He adds, this Court takes judicial notice of reported irregularities and tampering of passports in the years prior to the recent issuance by the Department of Foreign Affairs(DFA) of machine-readable passports. All rights are reserved. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. [3], The Inter-Agency Task Force assigned to reinvestigate Vizconde massacre case formed 6 teams or 3 parallel teams to look into 3 sets of suspects linked to the murders. The SC, however, held that by failing to prove the existence of a relationship between Hubert and Carmela; and that the lover that Alfaro claimed that Carmela had met did not come forward in public or in court, her testimonies about the accused and the victims were like a piece of jigsaw puzzle trimmed to fit into the shape on the board but does not belong because it clashes with the surrounding pieces and the lover was a mere ghost of the imagination of Alfaro, the woman who made a living informing on criminals. Ho Man Tin, Kowloon 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. [24] This was categorically denied by the Supreme Court as Justice Carpio had in fact recused himself from the case and was not going to take part in the deliberation. Person of interest in hazing case of Adamson student found dead, Jeepney phaseout: Its more than just new vehicles, Sandiganbayan convicts ex-Pagcor chair Genuino of graft, House energy committee chair Arroyo bats for cheap electricity, LIVE UPDATES: Face-to-face classes, work suspended as transport strike looms, vivo announces PHP 1,000 price drop on vivo V25e, Kickstart summer with vivos hot smartphone deals this 3.3, Over 24,000 hectares of coral reef at risk following Mindoro oil spill, Frat members planned to burn Adamson hazing victims body police | INQToday, Joey de Leon laughs off Eat Bulaga rebranding rumors; Tito Sotto meets up with show producer Tony Tuviera, LIST: LGUs, schools suspend face-to-face classes, work as transport strike looms, NBA: Devin Booker, Suns cruise past Bulls in second half. Webb was among the nine people convicted by Paranaque Regional Trial Court Branch 274 Presiding Judge Amelita Tolentino in January 2000 for the killings. White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. From there she allegedly saw Lejano and Ventura take a knife from the kitchen drawer, while the rest of the gang acted as lookouts. Lauro Vizconde: "Is there still anyone among you who doubts that there is rampant corruption in our government? [60], Although Webb's group can no longer be retried because of double jeopardy, De Lima said the purpose of the reinvestigation was to uncover the truth and bring closure to Lauro Vizconde.[65][66]. About the Show; You May Also Like . Webb had presented the alibi that he was in the United States when the crime was committed, but he was still found guilty by the Paraaque Regional Trial Court. It took the trial and appeal process in this case fifteen years. CONCLUSION: The Asian Human Rights Commission (AHRC) is deeply concerned by this unequal application of jurisprudence by the SC on the Abadilla murder and the Vizconde massacre. G.R. The prosecutors, the RTC and the CA have been made aware of this fact by the defence. 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. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. 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. 132577 People of the Philippines vs. Hubert Jeffrey P. Webb, 1999, G.R. Vizconde massacre case: Back to square one | ABS-CBN News 'Ms. They were sentenced to reclusion perpetua and ordered to indemnify the Vizconde family Php 3 million for the murders. I got involved in the case after Webb told me Hubert, whose name was slowly cropping up in news reports as a prime suspect, was in the United States when the dastardly crime happened. 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. December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. Eh di sana may sweldo ako. The Vizconde murders remained unsolved for almost four years, until 1995 when eyewitness Jessica Alfaro, a self-confessed drug addict, came forward on April 28, 1995, to shed light on the massacre. 182555/G.R. [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". [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. The Volunteers Against Crime and Corruption(VACC) asked Justice Antonio Carpio and his cousin Justice Conchita Carpio-Morales to take a leave while the case is being decided to avoid undue influence on the court's decision. At any rate, Rameses de Jesus admitted that they were using the new car of Lenido Lumanog. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. ", Jessica Alfaro: Alfaro's e-mail from abroad read. June 30, 1991 for a bicycle he bought from a store in Orange County, Los Angeles, California. Secondly, the SC affirmed the CAs assertion that Alejo was a credible witness ignoring the questions to his credibility by arguing that: positive and unequivocal declaration is sufficient to support a conviction for murder against appellants. The court also said that it was "possible for Alfaro to lie" on the details of the case. De Lima said it was possible that it was Black Maria who was in the Vizconde home and not Jessica Alfaro, the NBI's star witness during the trial. [12] (Under Philippine law, generally, alibi is the weakest defense, especially where there is direct testimony of an eyewitness, duly corroborated by another. The story of the Vizconde Massacre wasn't just a single story; it varied as told by a number of witnesses. Herbas had testified for the defence instead of the prosecution when the Abadilla did not fulfil his promise to give him (Herbas) exactly the same salary he was receiving and when he was told that he would no longer be presented as witness because the testimony of Alejo would be sufficient. Seven justices based its decision on the following points: Webb, citing Brady v. Maryland, said "that he is entitled to outright acquittal on the ground of violation of his right to due process given the States failure to produce on order of the Court either by negligence or willful suppression the semen specimen taken from Carmela." It held that the acquittal of their co-accused does not necessarily benefit the appellants. The CA in effect crafted and formulated the conjectures giving them the appreciation similar to facts offered as evidence where it had based the judgment. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. [60] Mario, a hair stylist during the period June 1991, testified that Webb, along with Tony Boy Lejano and Dong Ventura had their haircut. 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. No. The SC acquitted all the accused, reversing and dismissing the guilty verdict of the RTC and the CA. The prosecution did not present him as their witness during the trial. Tolentino also said, the photographs and videotapes purportedly showing Webb in the United States appeared to be tampered. [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. It is time to heal the past. Hello friends! The trial of the case having been long concluded, the requirements of the law may have been satisfied, but not the demands of justice. Firstly, the SC held Alfaro was not a credible witness. Vizconde Massacre Case - Pinoy Stories Apart from Alejo, earlier there was another witness, Merlito Herbas. Hubert argued that the specimen could exonerate him from the charge and support his defence that he did not rape the victim. While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. Alfaro implicated the children of wealthy and prominent families, including Hubert Webb, Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Vffrillaret and Artemio Ventura. Needless to say, were unpopular with the PNP and other government agencies that citizens transact business with. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. But feeling uneasy, she decided to go up to the stockroom near Hubert's room to see what he was doing. God does not teach us to retaliate. 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. [47], On December 28, 2010, new witnesses have come forward accusing Hubert Webb and others of allegedly being behind the Vizconde massacre. [11], Alfaro's testimony was corroborated by other witnesses including: Lolita Birrer, a former live-in partner of policeman Gerardo Biong, who narrated the manner of how Biong investigated and tried to cover up the crime. [55], On June 28, 2011, Justice Secretary Leila De Lima said Hubert Webb was in the Philippines when the murders took place. The CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. The Vizconde massacre: Justice not served - BusinessMirror Indeed, her superior testified that she volunteered to play the role of a witness in the Vizconde killings when she could not produce a man she promised to the NBI. We use cookies to ensure you get the best experience on our website. due to "overwhelming evidence that showed Webb and the other accused had conspired to rape Carmela and, in the process, kill her and the rest of the family." As already mentioned, the SC concluded Alfaro to be not a credible witness because she did not meet these two criteria. VIZCONDE MASSACRE CASE: This case is about the gang rape and murder of a 19-year-old woman, the murder of her 7-year-old sister and their mother on June 30, 1991 at their home in Paranaque City, Metro Manila. The Vizconde massacre made headlines in the Philippines in the '90s and started a trend in filmmaking. 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. Based on the infamous and seemingly never ending 1991 Vizconde murder case in the Philippines where a woman and her two children; a teen daughter who was also raped and a 6-year-old, were all viciously stabbed to death while the husband was away in America on business. The court considered the accused's "lack of interest in having such test done" in which they concluded that the state "cannot be deemed put on reasonable notice that it would be required to produce the semen specimen at some future time".[29]. People cried for justice for the Vizcondes and one of the suspects was Hubert Webb, son of then Paraaque congressman Freddie Webb, who later became a senator.
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