1. G.R. ), 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. The fight is not over. Former NBI official Pedro Rivera however dismissed as lies the testimony of Sacaguing saying that Agent Sacaguing had a record of notoriety in the NBI which prompted his transfer to remote places of assignment until his early retirement. She said that when she entered Hubert's room, she saw him wearing only his pants, awake and smoking in bed. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. The 3 sets of suspects are: the Barroso Akyat-Bahay gang; the group of construction workers with engineer Danilo Agwas tagged as mastermind; SPO3 Angel Viaje, PO3 Rodolfo Colado, Ruben Pineda; and, the group of Hubert Webb. As a result, the court reverses the decision of the Court of Appeals, and acquits Webb, et al. [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 case of the Vizconde Massacre took another direction only after four years, when Jessica Alfaro surfaced and became the case's star witness. 176864), it became one of the most sensational cases in the Philippines, being described as a "trial of the century". X' key to real perpetrators of Vizconde murders? 176389 / G.R. [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". He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. He alleged that Webb bought illegal drugs from him on two other occasions in May 1991. "[29], The court maintained that for a person to be convicted there should not be "a reasonable, lingering doubt as to his guilt." 176864 People of the Philippines vs. Hubert Webb, et. People vs. Bello, G.R. Still seeking justice for his family's grim fate, Lauro Vizconde exhausts all resources available to him. She said the US-based defense witnesses, most of whom are relatives or friends of the Webb family suffered from "incorrigible and selective memory syndrome". [2][20], The court ruled that the Paraaque RTC was correct in sentencing Webb et al. 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. At any rate, Rameses de Jesus admitted that they were using the new car of Lenido Lumanog. Pray to them. 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. 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. [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. God would be stupid to borrow Digongs words if He gifts him the vice presidency the second time around. On June 30, 1991, 47-year-old housewife Estrellita Vizconde and daughters Carmela, 18, and Jennifer, 7, were found dead in their residence in BF Homes in Paraaque. No. [12] (Under Philippine law, generally, alibi is the weakest defense, especially where there is direct testimony of an eyewitness, duly corroborated by another. 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. Kung di ninyo ako pinabayaan, 'di ako magkakaganito. (Fuck you all! God does not teach us to retaliate. Vizconde should go after the national government. Biong was released from jail on November 30, 2010, after serving his sentence. TV-14. 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. Alibi cannot prevail over the positive identification of a credible witness [140].. 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. The jurisprudence mentioned above that the SC invoked has not been equally applied. Both Webb and del Toro could not describe in court what Hubert's work was, Tolentino said. 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). [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. When the accused appealed the decision, the Court of Appeals (CA) affirmed the judgement of conviction by the RTC. Ho Man Tin, Kowloon LIKE me to support Mr. Vizconde After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. Abadilla Case Petition for Review on Certiorario:http://campaigns.ahrchk.net/abadilla5/docs/A5-FinalAppealPetition.pdf Sign up now! On June 30, 1991, Estrellita Vizconde and her two daughters: Carmela and Jennifer, were found lifeless inside their home in Paraaque. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. He alleged that he could not forget Webb because Biong had allegedly threatened him, Do not cheat him. It strictly laid down these as the least requirement in evaluating the credibility of the claim of positive identification. 3. The court also said that if Webb was in the U.S. when the crime was committed, the Alfaro's testimony would not hold together: "Without it, the evidence against the others must necessarily fall. With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. Many of the stories in my columns in previous newspapers were complaints from citizens. 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. [54] He was laid to rest at Manila Memorial Park Sucat on February 17. [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]. Night of June 2930, 1991 Estrellita, Carmela and Jennifer Vizconde were killed in their Paraaque home; Carmela was found to have been raped. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. 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. 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]. No acquittal has been made as to the two accused, Filart and Ventura, who remain at-large. 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. The details of how they were killed were grim. They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. Hell never return to the Philippines, said the Thai tourist whose cash was filched by Manila airport security personnel. Estrellita, 47, had suffered thirteen stab wounds; Carmela, 18, had suffered seventeen stab wounds and had been raped before she was killed; and Jennifer, 7, had nineteen stab . The passing away of Lauro Vizconde a few days ago does not close the sad chapter on the tragedy known as the Vizconde massacre. Please try again. The other accused were Artemio Dong Ventura, Michael A. Gatchalian, Hospicio Pyke Fernandez, Peter Estrada, Miguel Ging Rodriguez, and Joey Filart. December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. . 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. Alfaro testified that as Webb followed Carmela into the dining room, she decided to step outside for a smoke. A local elected official whos being groomed to run for a national office is being sold to the highest bidder by the politicians spouse. InVizconde case: The SC applied two tests in rejecting the positive identification of Alfaro: firstly, the credibility of a witness; secondly, the testimony should be believable, not inherently contrived. I am not an NBI agent nor an NBI asset. This site uses cookies. When she could not produce the person, Sacaguing continued to press her saying that she might as well assume the role of her informant.. Jennifer woke up and, seeing Webb violating her sister, jumped on him and bit him. But Villaramas opinion was not considered by the SC in their majority decision. The Vizconde massacre made headlines in the Philippines in the '90s and started a trend in filmmaking. Therefore, the SCs rejection of Villamaras opinion demonstrates a fundamental contradiction to its September 7 decision on the Abadilla case. But in the Abadilla case, the relatives and friends are not an impartial witness to corroborate the defence of alibi of the accused. Includes gruesome real photos from the crime scene. But Justice Conchita Carpio Morales, who concurred with the decision, wrote strongly against basing judgement on conjectures: Facts decide cases. September 7, 2010http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm No. 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. 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. Am I dismayed by the decision of the (Supreme Court)? 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. At about 4 a.m. on June 30, 1991, Gaviola woke up and entered the bedrooms to get the Webb's dirty laundry and wash it as part of her job. Hubert and his co-accused were convicted by the Paraaque Regional Trial Court for the crime on June 6, 2000. The presumption leaned on is disputable and can be overcome by evidence to the contrary. a contribution to Human Rights work, Asian Human Rights Commission She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. Reporters jostled with Vizcondes relatives and friends in his garage, where Fr. The unconstitutionality of prior restraint. Let the love of God prevail. Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. (1994) Details Release date June 24, 1993 (Philippines) Country of origin Philippines Languages English Filipino Tagalog Filming locations By continuing, you are agreeing to our use of cookies. The court argued that the cited case has been superseded by Arizona v. Youngblood, "where the U.S. Supreme Court held that due process does not require the State to preserve the semen specimen although it might be useful to the accused unless the latter is able to show bad faith on the part of the prosecution or the police". Acting solely on Alfaros testimony, the Department of Justice (DoJ) filed charges of rape with homicide against the eight accused on August 1995. 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. 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. The prosecution did not present him as their witness during the trial. June 14, 1993 - Vizconde Massacre solved; 'brains,' three others fall Police finish investigation of the Vizconde case with the arrest of the suspected mastermind and three other suspects,. The NBI is the agency responsible in providing security and protection of witnesses admitted under WPP. 16:53. The trial began in August 1995 before Paraaque RTC Judge Amelita Tolentino. The politician would only be allowed by the spouse to run if the party that this politician will join can come up with a big amount for their family. 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. 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 case was featured on a Philippine TV show Case Unclosed as its ninth episode, "Vizconde Massacre Case. vs. People of the Philippines et al., 1997, G.R. Who does forget the heart-crushing 1991 Visconde massacre, with Jessica Alfaro standing as the star witness, whistle-blowing the details how these young men before, coming from our society's influential families, killed Mang Lauro's wife and his two daughters. The Vizconde Massacre. She was the prosecutions worst possible choice for a witness. October 1, 1996 Judge Amelita Tolentino of the Paraaque RTC rejected 132 of the defense's 142 pieces of evidence. [2][3] Estrellita Vizconde, 49, suffered thirteen stab wounds; Carmela Vizconde, 19, suffered seventeen stab wounds and had been raped before she was killed; and Anne Marie Jennifer, 6, had nineteen stab wounds. The SC acquitted all the accused, reversing and dismissing the guilty verdict of the RTC and the CA. The prosecutors, the RTC and the CA have been made aware of this fact by the defence. Credibility of a witness: In Vizconde case not credible, but credible in the Abadilla case. Alfaro said that when she went back to the house, she saw the bodies of Estrellita and Jennifer on the bed and Webb raping Carmela on the floor. [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. Asuncion, 27, was a constant playmate of Jennifer Vizconde, who was 7 years old when she was killed. Former Paraaque City cop Gerardo Biong walked free from the New Bilibid Prisons (NBP) in Muntinlupa City after serving a 12-year sentence. Corona." 121234 Hubert Webb et al. 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. The CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. That's all crap! No. The men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. Tel: +(852) 2698 6339 Choose Gods endless kind of love., Hernandez also reminded Vizconde that he now had three saints in Heaven.. 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. During the trial, accused Webb made a defence of alibi claiming that he was in the United States when the massacre of the Vizcondes happened. They are Lenido Lumanog, Augusto Santos, Senior Police Officer 2 (SPO2) Cesar Fortuna, Rameses de Jesus and Joel de Jesus. 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 . Call 896 6000. Even if we were denied justice, I consoled them that at least people already know what really happened, he said. On August 11, 1999, the Regional Trial Court of Quezon City acquitted two of them and convicted the five others, now collectively known as the Abadilla Five. In a 38-page strongly-worded decision promulgated on Tuesday, the . I stood my ground because I had all the facts in my hand. [52] On June 14, 2011, Hubert Webb filed a P180,000 compensation claim for "unlawful conviction" for the Vizconde massacre. Webb's testimony was also contradicted by other US-based defense witnesses who said they usually saw him "going to the beach, malling, bar-hopping or playing basketball. [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. There was entry of (former senator) Freddie Webb leaving the country in March 1991 but no Hubert Webb, De Lima said. Inconsistencies: In Vizconde case damages credibility, in Abadilla case does not. The trial of the case having been long concluded, the requirements of the law may have been satisfied, but not the demands of justice. The NBI is a special investigating body attached to the DoJ. Alejo confirmed these two (2) as the persons he saw from his guard post walking to and fro before the shooting incident. But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. Sulu in the eyes of my good friend Princess Jacel Kiram is a potential eco-tourism destination and fruit basket of the country. Anyone can be paid! Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. 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. He and six others spent 15 years in jail. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. 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. 4. [58] George, a drug dealer, claimed he was introduced to Webb by former SPO1 Gerardo Biong sometime in April 1991 where the young Webb allegedly purchased from him 10grams of shabu worth P10,000. 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. 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. SC slams 'unbelievable' testimony of Vizconde massacre witness. [22], On October 8, 2010, Webb filed an urgent motion for acquittal. 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. Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. 1. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. 182555/G.R. Don't miss out on the latest news and information. Forensic evidence: In Vizconde case it cannot lie, in Abadilla case it is inconclusive. Massacre era. De Lima said they could still go after Filart and Ventura, as well as the Villadolid brothers, since the prescriptive period of 20 years for homicide does not apply to them because they were abroad.