The readers will notice soon enough the brevity of each topic. [4] In the Trial Court (People of the Philippines vs. Hubert Webb, et al., G.R. On December 14, 2010, the SC rendered its decision on the appeals of the accused, questioning the guilty verdict by the RTC and the CA. 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. On June 30, 1991, three Vizconde women Estrellita, 49; her 19-year-old daughter, Carmela and the younger Jennifer, 6 were found dead in their home at BF Homes Village in Paraaque. 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. 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. I told my family that I did my best. 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 trial of the case having been long concluded, the requirements of the law may have been satisfied, but not the demands of justice. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. Tolentino also found it hard to believe that Webb was working with a pesticide company because he was asthmatic and allergic to various substances. 808 bound for New York and who expressed doubt on whether Hubert Webb was his co-passenger in the trip; NBI medico-legal Dr. Prospero Cabanayan, Belen Dometita and Teofilo Minoza, two of the Vizconde maids; and Manciano Gatmaitan, an engineer. But Justice Conchita Carpio Morales, who concurred with the decision, wrote strongly against basing judgement on conjectures: Facts decide cases. 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. Needless to say, were unpopular with the PNP and other government agencies that citizens transact business with. al, 1995, G.R. Eighteen-year-old daughter Carmela was raped, and had 17 stab wounds. Make a difference. Besides the horror itself, the suspected perpetrators included high-society figures. Three days after that, he was allegedly approached by Mrs. Webb who reportedly told him, You did not see anything. A week after, Sen. Freddie Webb allegedly told him, You did not see anything. 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]. After the shooting, he could have easily and quickly transferred to Camp Crame between 9:00 and 9:30 in the morning. They were victims of gory murder; Carmela was raped before she was killed. White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. Inconsistencies: In Vizconde case damages credibility, in Abadilla case does not. 185123/G.R. 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. 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. [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]. G.R. Eh di sana may sweldo ako. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. Like Herbas, court records had also shown that Alejo has been receiving money and free accommodation from the Abadillas. But to Judge Amelita Tolentino of the Paranaque Regional Trial Court, the truth was the account of star witness Jessica Alfaro. [55], On June 28, 2011, Justice Secretary Leila De Lima said Hubert Webb was in the Philippines when the murders took place. 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. People vs. Bello, G.R. Webb was among the nine people convicted by Paranaque Regional Trial Court Branch 274 Presiding Judge Amelita Tolentino in January 2000 for the killings. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. But her parents did not allow her to go. Evid. [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. When we die, that is when we will be given the whole truth May the Lord console you in all your afflictions, The priest said. 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 ), 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. Hell never return to the Philippines, said the Thai tourist whose cash was filched by Manila airport security personnel. 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. The prescription period does not matter to me, its just a date, he said. Hong Kong The women were found dead with multiple stab wounds and no witnesses, murder weapons or motive have been uncovered. 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. A lying witness can make as positive an identification as a truthful witness can. [139] Against positive evidence, alibi becomes most unsatisfactory. Credibility of a witness: In Vizconde case not credible, but credible in the Abadilla case. Sulu in the eyes of my good friend Princess Jacel Kiram is a potential eco-tourism destination and fruit basket of the country. But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. The men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. However, keep in mind not to be vindictive. I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. Connections Followed by The Untold Story: Vizconde Massacre II - May the Lord Be with Us! In the Philippines in 1992, the Vizconde Massacre, which saw the murder of multiple women who had been stabbed to death, created an investigation full of problems. Fax: +(852) 2698 6367, Copyright 2023 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. [29], The court said that "among the accused, Webb presented the strongest alibi". The case was featured on a Philippine TV show Case Unclosed as its ninth episode, "Vizconde Massacre Case. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. This column will tackle various topics on the days it will come out: Tuesday, Thursday and Saturday. [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. Only minor cases, like oral defamation and quarrel between neighbors, are handled by the barangay. Published July 4, 2011 7:24pm. The Asian Human Rights Commission (AHRC) wishes to draw the attention of the Supreme Court (SC) of the Philippines to its recent decision on two well-known cases tried in the lower courts; the conviction in the Vizconde Massacre case was overturned while that of the Abadilla murder case was affirmed. [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. (P.S. 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. The court rejected his testimony because he was a disgruntled witness. [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. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. LIKE me to support Mr. Vizconde Originally, there were seven accused charged in this case. [18], In her decision, Tolentino described the testimony of defense witnesses as full of inconsistencies and biased. 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. But the grieving father couldn't distinguish the truth from the lies. 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." A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. Therefore, the SCs rejection of Villamaras opinion demonstrates a fundamental contradiction to its September 7 decision on the Abadilla case. In the Vizconde case, the SC does not accept conjecture as the basis of its decision. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. On the contrary, it reopens it. 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 Supreme Court acquitted them on Dec. 14, 2010. Tel: +(852) 2698 6339 No. [13][14], Other prosecution witnesses were: Carlos J. Cristobal who alleged that on March 9, 1991, he was a passenger of United Airlines Flight No. The SC required this test as necessary before a testimony of positive identification could be accepted as credible and with merit. And while justice seems elusive, life must go on, Vizcondes grandniece Katherine Asuncion said, reading from a family statement. Hubert argued that the specimen could exonerate him from the charge and support his defence that he did not rape the victim. Kaya laban lang tayo. Two of the accused have also been acquitted by the RTC on the basis of their defence of alibis. No. It took the trial and appeal process in this case fifteen years. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. [56] According to De Lima, all the new witnesses passed the polygraph test. But feeling uneasy, she decided to go up to the stockroom near Hubert's room to see what he was doing. 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". [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. She said the same MRT provided data that several Webbs arrived in the country, including Hubert, sometime in October 1992. In a decision dated January 6, 2000, Paraaque Regional Trial Court Judge Amelita Tolentino convicted Webb and the co . I became a villain in the eyes of the citizenry that was crying for blood; but I was steadfast. 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. They were sentenced to reclusion perpetua and ordered to indemnify the Vizconde family Php 3 million for the murders. 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. When the accused appealed the decision, the Court of Appeals (CA) affirmed the judgement of conviction by the RTC. 124871, May 13, 2004. The ballistic test results also did not match to any of the firearms supposedly taken from the accused to the empty shells that were recovered at the crime scene. Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. After she finished the laundry, she went to the servant's quarters. The case of the Vizconde Massacre took another direction only after four years, when Jessica Alfaro surfaced and became the case's star witness. [48] Other witnesses say Webb was in the Philippines at the time of the murders. 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. This was a case that was solved nine years after the murders and then unsolved 10 years later. vs. Raul de Leon et. 5. I stand by my story. [citation needed] (The Philippine Rules of Evidence require official attestation of the authenticity of any public document presented in evidence; as per Sec. Many of the stories in my columns in previous newspapers were complaints from citizens. Theyre projecting Digong as a feeble old man still seeking power. Apart from Alejo, earlier there was another witness, Merlito Herbas. I was a barbarian in my college years at the University of the Philippines. Movie producers and directors rode the wave of public outcry by creating true-to-life films based on such heinous crimes. [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. Therefore, the applications of the SC on evaluating the defence of alibi of the accused have not been equally applied in these two cases. One of the important pieces of evidence, which I presented to the court later, was the copy of an invoice issued to Hubert Webb on coincidence of coincidences! 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. The unconstitutionality of prior restraint. 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. Includes gruesome real photos from the crime scene. Sacaguing broke the guidelines in taking affidavits from witnesses. The tapes were restored by IBM while being monitored by the National Computer Center. [15] The accused alleged that by rejecting 132 of the 142 pieces of evidence, Tolentino had set the tone for their conviction. "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. Pray to them. 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. 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. The High Court put to question the quality of the testamentary evidence furnished by the witnesses. Copyright 2023. Another accused, Joey Filart also fled to the United States. 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. TRUTH OUT, HEALING BEGINS. I will be conferring with my lawyers about my future moves.. 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. The filming location took place in the actual home of the Vizconde's where the massacre took place on June 30, 1991. I went to the US to check on senator Webbs allegations I paid for my fare and accommodation, by the way and found that, indeed, Hubert was there when the Vizconde women were being butchered at their home in Paraaque. 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. [9] They were acquitted by a trial judge in September 1993 for insufficient evidence.[9]. When she could not produce the person, Sacaguing continued to press her saying that she might as well assume the role of her informant.. Herbas and Alejo worked for the Abadillas as security guards. The SC acquitted all the accused, reversing and dismissing the guilty verdict of the RTC and the CA. It is hard to believe this there is a record of supposed arrival from other country but no record of departure in 1991 or in any month of 1991, she said. The Supreme Court acquitted them on Dec. 14, 2010. No acquittal has been made as to the two accused, Filart and Ventura, who remain at-large. She took advantage of her familiarity with these details to include in her testimony. . [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. There was entry of (former senator) Freddie Webb leaving the country in March 1991 but no Hubert Webb, De Lima said. Ho Man Tin, Kowloon He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. [23] On November 26, 2010, Lauro Vizconde voiced his concern to media about the purported lobbying of Senior Associate Justice Antonio Carpio for the reversal of the guilty verdict. Alibi cannot prevail over the positive identification of a credible witness [140].. I did that hoping to make them have second thoughts about doing so,.There is no justice in the Philippines. His intention was very, very dubious, he said. 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. [2] Alfaro said that policeman Gerardo Biong "was instructed by Webb, in my presence, to take care of the house where the incident happened". De Lima also said seven new witnesses claimed they saw Webb in the country during the months of April, May and June 1991. 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. Be consoled that the truth will always come out, Hernandez advised Vizconde. 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. Justo Cabanacan, the security supervisor of the gated community, said that he saw Webb enter the gated community, although he did not record Webb entering in his log book. 2. To find out more, please click this link. Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. LYN RILLON. It held that the acquittal of their co-accused does not necessarily benefit the appellants. It was based on the rule of the minority and not the majority as they (the SC justices) had enunciated in Fortich v. 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. The details of how they were killed were grim. [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. Secondly, Alfaros quality as a witness and her inconsistent, if not inherently unbelievable, testimony cannot be the positive identification that jurisprudence acknowledges as sufficient. The most significant topic that Ive ever written about and which I personally got involved in was the Vizconde massacre. Am I dismayed by the decision of the (Supreme Court)? The Vizconde massacre made headlines in the Philippines in the '90s and started a trend in filmmaking. InAbadilla case: The SC admitted the positive identification of witness Freddie Alejo when it considered him a credible witness. She was the prosecutions worst possible choice for a witness. [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. By her account, after a drug session with the group, Webb allegedly had hatched his plan to rape Carmela Vizconde. With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. This site uses cookies. 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. Her mother, Estrellita, 47, and sister, Jennifer, 7, were also killed. The public and the media continue to watch as the years go by . May I invite you to watch?). 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. Abadilla Case Decision from the Court of Appeals:http://campaigns.ahrchk.net/abadilla5/docs/A5-CAdecision.pdf. He was sentenced to eleven years in prison. 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. You are just a few clicks away from making February 26, 2021. . Indeed, the testimony of a single witness, when positive and credible, is sufficient to support a conviction even for murder. After the Mass, VACC founding chair Dante Jimenez urged Congress to initiate impeachment proceedings against the seven Supreme Court justices who either voted to acquit Webb and coaccused or abstained from voting last December. All rights are reserved. 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. 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. [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. 176389 / G.R. Villarama noted that the alleged Passport, Passenger Manifest of United Airlines Flight and United Airline ticket of accused Webb offered in evidence were mere photocopies of an alleged original, which were never presented. It would be a serious miscarriage of justice and a demonstration of inequality before the law should jurisprudence not be applied equally. vs. People of the Philippines et al., 1997, G.R. 176864. 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. 24, Rule 134, R. Former Paraaque policeman Gerardo Biong was found guilty as an accessory for burning bedsheets and tampering with other evidence in the crime. al., 2010, https://en.wikipedia.org/w/index.php?title=Vizconde_murders&oldid=1138122178, Loss of DNA evidence not a ground for outright acquittal. According to Rivera, Sacaguing was never part of the NBI team assigned to investigate the Vizconde massacre and that his former colleague took Alfaro's statement in April 1995 without the presence of a lawyer. [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. Unreliability of Jessica Alfaro's testimony: Alfaro had prior knowledge on the facts of the case having been an, Alfaro was not able to explain why the house was ransacked if robbery was not the motive of Webb and his group, Unreliability of testimony from other witnesses, Alfaro's testimony will fall apart if Webb was not at the crime scene and will relieve the others accused of the crime. (adsbygoogle = window.adsbygoogle || []).push({}); Vizconde said he was optimistic about finding more witnesses.. Your subscription could not be saved. Manila Times Special Report on the Vizconde Case, G.R. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. [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. 3. 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. I expected this decision because since the start, I knew that Jessica Alfaro was not entirely telling the truth. "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 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". Remember when I made the disclosure that someone is pressuring the justices to vote for a reversal?