[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. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. The AHRC urges the SC to thoroughly review the pending final appeal of the accused in the Abadilla case. I am not an NBI agent nor an NBI asset. By providing an email address. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. Lauro Vizconde the husband of Estrellita and father of Carmela and Jennifer, was in the United State on business when the murders took place. [55], On June 28, 2011, Justice Secretary Leila De Lima said Hubert Webb was in the Philippines when the murders took place. The RTC, however, acquitted Delos Santos despite being positively identified also by Alejo as one of those who was present at the crime scene. 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. The Vizconde massacre has been dubbed as the trial of the century as the accused hailed from prominent families of the Philippines. [4] In the Trial Court (People of the Philippines vs. Hubert Webb, et al., G.R. 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. She cited the testimony of Alex del Toro, husband of Webb's relative, who said he hired Hubert Webb as an employee at his pesticide company in California. Tolentino also found it hard to believe that Webb was working with a pesticide company because he was asthmatic and allergic to various substances. 5. This is a violation of the duty of state." But Custodio admits this may be easier said than done. Webbs son, Hubert Jeffrey, is also the brother of a television host, Pinky, in one of the largest television networks in the country. 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. Alejo confirmed these two (2) as the persons he saw from his guard post walking to and fro before the shooting incident. TRUTH OUT, HEALING BEGINS. 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. The court rejected his testimony because he was a disgruntled witness. 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. 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." On the contrary, it reopens it. 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. 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. 2. 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. In this case, the existence of an earlier negative report on the NIIS record on file concerning the entry of appellant Webb into and his exit from the US on March 9, 1991, and October 26, 1992, respectively, had raised serious doubt on the veracity and accuracy of the subsequently issued second certification dated August 31, 1995 which is based merely on a computer print-out of his alleged entry on March 9, 1991, and departure on October 26, 1992. Tolentino also said, the photographs and videotapes purportedly showing Webb in the United States appeared to be tampered. With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. [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. I will kill you, brandishing a shiny revolver. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. I stood my ground because I had all the facts in my hand. Envy aliens who can avoid PH; pity Pinoys who are stuck here. Those initially jailed for. For there is no law requiring that the testimony of a simple [sic] witness should be corroborated for it to be accorded full faith and credit. To support this, Webb presented a Certification issued by the U.S. Immigration and Naturalization Service of August 31, 1995 confirming that his entry into that country was recorded. 'Ms. 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. Policewoman Diaz even insulted Allan, saying he had no right to file the attempted rape complaint on behalf of the girl, because he was only the stepfather. 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. But both the RTC and the CA rejected his defence ruling that his alibi cannot stand against Alfaros positive identification of him as the rapist and killer. The fight is not over. 185123/G.R. Make a difference. [2][12] Security guards Justo Cabanacan and Normal White. [52] On June 14, 2011, Hubert Webb filed a P180,000 compensation claim for "unlawful conviction" for the Vizconde massacre. 121234 Hubert Webb et al. [2] Two of the accused remain fugitives from the law: Joey Filart and Artemio Ventura. She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. 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". From there she allegedly saw Lejano and Ventura take a knife from the kitchen drawer, while the rest of the gang acted as lookouts. She did not know nor met any of them. 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. I will be conferring with my lawyers about my future moves.. 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. Webb's reliance on the presumption of regularity of official functions, stressing the fact that the US-INS certifications are official documents, is misplaced. This was a case that was solved nine years after the murders and then unsolved 10 years later. SC slams 'unbelievable' testimony of Vizconde massacre witness. The prosecutors, the RTC and the CA have been made aware of this fact by the defence. MANILA, Philippines - A former policeman who was jailed for allegedly tampering with evidence in the 1991 Vizconde massacre insists he is innocent of any crime after being released from prison Tuesday. The most significant topic that Ive ever written about and which I personally got involved in was the Vizconde massacre. Lejano and Ventura also took turns raping Carmela, before finishing her off with numerous stabs. No. Night of June 2930, 1991 Estrellita, Carmela and Jennifer Vizconde were killed in their Paraaque home; Carmela was found to have been raped. The CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. Her mother, Estrellita, 47, and sister, Jennifer, 7, were also killed. It would be a serious miscarriage of justice and a demonstration of inequality before the law should jurisprudence not be applied equally. 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 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. Former Paraaque City cop Gerardo Biong walked free from the New Bilibid Prisons (NBP) in Muntinlupa City after serving a 12-year sentence. 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 . [139] Against positive evidence, alibi becomes most unsatisfactory. [9] They were acquitted by a trial judge in September 1993 for insufficient evidence.[9]. People vs. Bello, G.R. 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. 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. This coincided with his passport and Philippine Immigration records but were dismissed by Tolentino due to belief that these documents can possibly be falsified. 150 likes. G/F, 52 Princess Margaret Road She did not show up at the NBI as a spontaneous witness (only after four years) bothered by her conscience. Six months is not enough for him to clean up the Aegean stable that is the PNP. Choose Gods endless kind of love., Hernandez also reminded Vizconde that he now had three saints in Heaven.. Let the love of God prevail. The SC rendered its judgment on the Abadilla case on September 7 and on the Vizconde case on December 14 of this year [2010]. 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. Two of the accused have also been acquitted by the RTC on the basis of their defence of alibis. 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. [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. 2. 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. Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. Hubert argued that the specimen could exonerate him from the charge and support his defence that he did not rape the victim. While the SC rejected Alfaros testimony being not a credible witness, it held Alejo still a credible witness despite the inconsistencies in his testimony. Alfaro claimed that Hubert was angry at Carmela thus raping and murdering her, her younger sister and her mother, to supposedly revenge her unfaithfulness to him. Jennifer woke up and, seeing Webb violating her sister, jumped on him and bit him. The SC required this test as necessary before a testimony of positive identification could be accepted as credible and with merit. 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. No. 16:53. No. No two persons have the same DNA fingerprint, with the exception of identical twins. Based on my findings, I defended Hubert in my column and in my radio and TV programs. There was entry of (former senator) Freddie Webb leaving the country in March 1991 but no Hubert Webb, De Lima said. 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 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. 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. Originally, there were seven accused charged in this case. (Update 6:47 p.m.) The Supreme Court (SC) has cast doubts on the credibility of Jessica Alfaro, the so-called star witness in the gruesome killings of three members of the Vizconde family almost two decades ago. Copyright 2023. "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 [2] Alfaro said that policeman Gerardo Biong "was instructed by Webb, in my presence, to take care of the house where the incident happened". 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. Am I dismayed by the decision of the (Supreme Court)? It is that simple. Reporters jostled with Vizcondes relatives and friends in his garage, where Fr. Even if we were denied justice, I consoled them that at least people already know what really happened, he said. 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. White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. Ho Man Tin, Kowloon (adsbygoogle = window.adsbygoogle || []).push({}); Vizconde said he was optimistic about finding more witnesses.. G.R. (P.S. True Crime. 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. No. 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 . God would be stupid to borrow Digongs words if He gifts him the vice presidency the second time around. I will continue to play that role as long as I live. On June 30, 1991, Estrellita Vizconde and her two daughters: Carmela and Jennifer, were found lifeless inside their home in Paraaque. 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". The public and the media continue to watch as the years go by . Remember when I made the disclosure that someone is pressuring the justices to vote for a reversal? "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. Their original conviction was capital punishment but their sentence was modified to life imprisonment when the death penalty was abolished. Executive M/Sgt. With your meaningful insights, help shape the stories that can shape the country. . It was hard to tell which made up the truth and the lies. This column will tackle various topics on the days it will come out: Tuesday, Thursday and Saturday. Like Alejo, Herbas also at first instance identified Joel de Jesus as one of the gunmen during a police line-up but later withdraw his statement in open court. 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. 187745. The term dirty politics is appropriate for that kind of set-up. She said that when she entered Hubert's room, she saw him wearing only his pants, awake and smoking in bed. Webbs co-accused, Antonio Lejano, is a son of a known singer and celebrity. 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". 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. Includes gruesome real photos from the crime scene. It strictly laid down these as the least requirement in evaluating the credibility of the claim of positive identification. This is one of the most controversial and widely publicised massacre cases because of the involvement of the son of a former Philippine Senator, Freddie Webb; and six others from a wealthy family background similar to that of the accused. September 7, 2010http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. The 47-year-old Estrellita had 13 stab wounds. [56] According to De Lima, all the new witnesses passed the polygraph test. al, 1995, G.R. Besides the horror itself, the suspected perpetrators included high-society figures. 1 newspaper in terms of circulation and readership. Of the 15 Justices, 7 voted for acquittal while four dissented and four Justices, including Carpio, did not participate.[27][28]. On October 1, 1996, Judge Amelita Tolentino admitted only 10 of the 142 pieces of evidence the defense presented. Both Webb and del Toro could not describe in court what Hubert's work was, Tolentino said. We have ruled that accused-appellant may not invoke the acquittal of the other conspirators to merit the reversal of his conviction for murder. 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. Sulu in the eyes of my good friend Princess Jacel Kiram is a potential eco-tourism destination and fruit basket of the country. She also testified that Biong received money at a house that she later learned belonged to then Paraaque Congressman Freddie Webb; the Webb family's maids, Mila Gaviola and Nerissa Rosales, who both testified that Hubert Webb was at home on June 30, 1991. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. Your subscription could not be saved. The case was featured on a Philippine TV show Case Unclosed as its ninth episode, "Vizconde Massacre Case. 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. Inconsistencies: In Vizconde case damages credibility, in Abadilla case does not. :Isumbongwill make a comeback on PTV-4 on June 12, 2021. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. 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. But in the Abadilla case, the relatives and friends are not an impartial witness to corroborate the defence of alibi of the accused. Like Herbas, court records had also shown that Alejo has been receiving money and free accommodation from the Abadillas. And while justice seems elusive, life must go on, Vizcondes grandniece Katherine Asuncion said, reading from a family statement. (1994) Details Release date June 24, 1993 (Philippines) Country of origin Philippines Languages English Filipino Tagalog Filming locations 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. 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. Theyre projecting Digong as a feeble old man still seeking power. It was based on the rule of the minority and not the majority as they (the SC justices) had enunciated in Fortich v. I did that hoping to make them have second thoughts about doing so,.There is no justice in the Philippines. [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. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. She took advantage of her familiarity with these details to include in her testimony. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. [15] The accused alleged that by rejecting 132 of the 142 pieces of evidence, Tolentino had set the tone for their conviction. Nine years later, still no clarity on EDCA sites. [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. 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,. But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. You are just a few clicks away from making Since I was introduced to The STAR readers in the front page, Ill hit the ground running. This policewoman is either ignorant of the law or plain lazy. 176389 / G.R. 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. 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. 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. About the Show; You May Also Like . 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 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. The prescription period does not matter to me, its just a date, he said. 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. This contradicted Hubert Webb's claim that he was in the United States from March 9, 1991, to October 27, 1992. Abadilla Case Decision from the Court of Appeals:http://campaigns.ahrchk.net/abadilla5/docs/A5-CAdecision.pdf. [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. Early Thursday, Lauro Vizconde went to Holy Cross Memorial Park and laid bouquets of roses on the tombs of his wife and daughters. But I could not work there), Volunteers Against Crime and Corruption chairman. [60] Mario, a hair stylist during the period June 1991, testified that Webb, along with Tony Boy Lejano and Dong Ventura had their haircut. Hopefully, if they will surface, public pressure will snowball and I will finally get the justice I am looking for, he said. The Supreme Court acquitted them on Dec. 14, 2010. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. No. 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. Alejo had been under the Abadillas custody and protection instead of that of the WPP of the government. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. 3. A lying witness can make as positive an identification as a truthful witness can. She had been hanging around that agency for sometime as a stool pigeon, one paid for mixing up with criminals and squealing on them. Thus, it was not surprising for Alfaro to testify with great details in court. Call 896 6000. As a result, the court reverses the decision of the Court of Appeals, and acquits Webb, et al. 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. This page was last edited on 8 February 2023, at 03:37. Connections Followed by The Untold Story: Vizconde Massacre II - May the Lord Be with Us! 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.
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