176864 People of the Philippines vs. Hubert Webb, et. [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. His intention was very, very dubious, he said. 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. Former Paraaque policeman Gerardo Biong was found guilty as an accessory for burning bedsheets and tampering with other evidence in the crime. This is one of the most controversial and widely publicised massacre cases because of the involvement of the son of a former Philippine . Lorenzo delos Santos was acquitted due to lack of evidence, but the RTC, the CA and the SC ignored that fact that the same positive identification it invoked in convicting the Abadilla Five came from exactly the same testimonies that have been used to acquit Delos Santos. InAbadilla case: The SC admitted the positive identification of witness Freddie Alejo when it considered him a credible witness. A lying witness can make as positive an identification as a truthful witness can. 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. It is that simple. It was Alejo who had positively identified Joel and Lorenzo (delos Santos) during a police line-up. The CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. Francisco Kit Hernandez celebrated Mass. By continuing to browse the site, you are agreeing to our use of cookies. Please try again. Firstly, in the Vizconde case, the SC still held as credible the corroborating testimonies of the witnesses favouring Hubert Jeffrey who are mostly his relatives and friends in support of his defence of alibi. Since I was introduced to The STAR readers in the front page, Ill hit the ground running. ABADILLA MURDER CASE: This case is about the murder of Rolando Abadilla, a police colonel during Marcos regime, at 8:30 on June 13, 1996 at the Katipunan Avenue, Quezon City. Both Webb and del Toro could not describe in court what Hubert's work was, Tolentino said. It cannot be coached or allured by a promise of reward or financial support. 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. Of the 15 Justices, 7 voted for acquittal while four dissented and four Justices, including Carpio, did not participate.[27][28]. 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 . [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". 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. Evid. Secondly, Alfaros quality as a witness and her inconsistent, if not inherently unbelievable, testimony cannot be the positive identification that jurisprudence acknowledges as sufficient. A local elected official whos being groomed to run for a national office is being sold to the highest bidder by the politicians spouse. [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. Sign up now! Her mother, Estrellita, 47, and sister, Jennifer, 7, were also killed. Sources from the Department of Justice said Webb, who was acquitted by the Supreme Court last December, 2010, was in the country during and after the crime happened in . After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. 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. 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. Only minor cases, like oral defamation and quarrel between neighbors, are handled by the barangay. 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. Asuncion, 27, was a constant playmate of Jennifer Vizconde, who was 7 years old when she was killed. 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. 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. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. The details of how they were killed were grim. They were victims of gory murder; Carmela was raped before she was killed. I also updated them on the new twist in the investigation. Hubert and his co-accused were convicted by the Paraaque Regional Trial Court for the crime on June 6, 2000. 150 likes. vs. Raul de Leon et. 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. They are Lenido Lumanog, Augusto Santos, Senior Police Officer 2 (SPO2) Cesar Fortuna, Rameses de Jesus and Joel de Jesus. While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. Abadilla Case Petition for Review on Certiorario:http://campaigns.ahrchk.net/abadilla5/docs/A5-FinalAppealPetition.pdf Inconsistencies: In Vizconde case damages credibility, in Abadilla case does not. [6], Alfaro's testimony coincided with the angle that was being explored by Supt. . 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. 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. Thus, her testimony could not be admitted. 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. But to Judge Amelita Tolentino of the Paranaque Regional Trial Court, the truth was the account of star witness Jessica Alfaro. InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. [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. And while justice seems elusive, life must go on, Vizcondes grandniece Katherine Asuncion said, reading from a family statement. 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. This coincided with his passport and Philippine Immigration records but were dismissed by Tolentino due to belief that these documents can possibly be falsified. [139] Against positive evidence, alibi becomes most unsatisfactory. : Directed by Carlo J. Caparas. The lower courts, the Supreme Court said, held that "Webb was actually in Paraaque when the Vizconde killings took place". It would be a serious miscarriage of justice and a demonstration of inequality before the law should jurisprudence not be applied equally. Jennifer Diaz, chief of the women and childrens desk, told Allan to file the complaint with the barangay where they reside. Early Thursday, Lauro Vizconde went to Holy Cross Memorial Park and laid bouquets of roses on the tombs of his wife and daughters. [22], On October 8, 2010, Webb filed an urgent motion for acquittal. That's all crap! Manila Times Special Report on the Vizconde Case, G.R. [12] (Under Philippine law, generally, alibi is the weakest defense, especially where there is direct testimony of an eyewitness, duly corroborated by another. 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. 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. Equal protection of the law is fundamental in the countrys Constitution. 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. [56] According to De Lima, all the new witnesses passed the polygraph test. [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". References: 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. Justice Villarama argued that a photocopy of Webbs passport in court to support his alibi and the testimonies of witnesses, mostly his relatives and friends, could not be given merit, by cautioning his fellow justices that it can be gleaned from the fact that passports and plane tickets indicating dates of arrival and departure do not necessarily prove that the very same person actually took the flight and added that indeed, alibi cannot be sustained where it is not only without credible corroboration, but also where it does not, on its face, demonstrate the physical impossibility of the accuseds presence at the place and time of the commission of the crime. 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. Indeed, the testimony of a single witness, when positive and credible, is sufficient to support a conviction even for murder. He was sentenced to eleven years in prison. 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. Webb's travel documents and other paper trail of his stay in the US are unreliable proof of his absence in the Philippines at the time of the commission of the crime charged. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. Herbas and Alejo worked for the Abadillas as security guards. G/F, 52 Princess Margaret Road 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. All rights are reserved. He then hurled the little girl to a wall and started stabbing her. ", The victims of the massacre (from left to right): Jennifer, Carmela, and Estrellita Vizconde, "The Vizconde massacre: Justice not served", "Lauro Vizconde to be buried in same grave with family Wednesday", "Manila Standard Google News Archive Search", "The Manila Times Internet Edition SPECIAL REPORT > Questions linger in Vizconde case", The Philippine Daily Inquirer, December 31, 2010, "Philippine Daily Inquirer Google News Archive Search", "NBI exec: We've turned over semen specimen from Vizconde girl to court", "2 SC justices asked to go on leave pending Vizconde decision", "SC sues for time, defers ruling on Vizconde case", Philippine Daily Inquirer, SC Acquits Webb et al, "Supreme Court decision on Webb et al re Vizconde Massacre", Lauro Vizconde in tears, Webbs on 'cloud nine', Gary, Kris speak up on Hubert's acquittal, Outrage over decision, sympathy for Vizconde, Ruling raises more questions, lawyers point out, Vizconde kin question why Webb was released so quickly, Alfaro unwilling to testifying anew in Vizconde case Jessica Alfaro stands by story, Criminal law experts umalma sa pag-absuwelto ng SC kay Webb, Ex-VP Guingona to SC: Reverse Webb's acquittal to give justice to Vizconde, "Another 'Joey Filart' still under detention", "New Vizconde massacre witnesses surface", New witnesses to prove Webb in PH during Vizconde massacre, Philippine Daily Inquirer, Hubert Webb seeks P180K compensation for 'unlawful' conviction, NBI, PNP teams probe 3 sets of Vizconde slay suspects, Vizconde massacre has new set of witnesses, Evidence, witnesses 'shatter' Webb alibi: task force, DoJ chief: No credible proof of Webb in crime scene, De Lima hints at explosive breakthrough in Vizconde probe. 1. Vizconde Massacre Case Digest - Philippine True Crime Stories | Martin Rules. 127262 Hubert Webb, et al. Includes gruesome real photos from the crime scene. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. 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. In the Vizconde case, the SC does not accept conjecture as the basis of its decision. Like Herbas, court records had also shown that Alejo has been receiving money and free accommodation from the Abadillas. But Justice Conchita Carpio Morales, who concurred with the decision, wrote strongly against basing judgement on conjectures: Facts decide cases. By providing an email address. Webbs co-accused, Antonio Lejano, is a son of a known singer and celebrity. The Jessica Alfaro Story in 1995 was meanwhile focused on the star witness, portrayed by Alice Dixson. But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. 16:53. 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). Credibility of a witness: In Vizconde case not credible, but credible in the Abadilla case. The majority of the justices also rejected as conjecture the argument of one of the dissenting justices, Martin Villarama Jr., that it would not have been impossible during the interregnum for Webb to travel back to the country and again fly to the US several times considering that the travel time on board an airline from the Philippines to San Francisco, and from San Francisco to the Philippines takes only about twelve (12) to fourteen (14) hours. Alfaro had testified that she knew the suspects and was at the Vizconde house when the crime was committed. As already mentioned, the SC concluded Alfaro to be not a credible witness because she did not meet these two criteria. 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. Call 896 6000. The AHRC urges the SC to thoroughly review the pending final appeal of the accused in the Abadilla case. 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. Cruz, Manila accompanying his brother-in-law, Jonas Padel Ayhon, whose wife had just given birth; and Rameses de Jesus and Lenido Lumanog had just left Manila for Mabalacat, Pampanga where they stayed until the evening of June 14. I was a barbarian in my college years at the University of the Philippines. June 30, 1991 for a bicycle he bought from a store in Orange County, Los Angeles, California. Another accused, Joey Filart also fled to the United States. Suspicions, no matter how strong they are, must never sway judgment. No acquittal has been made as to the two accused, Filart and Ventura, who remain at-large. It strictly laid down these as the least requirement in evaluating the credibility of the claim of positive identification. InAbadilla case: Both the RTC and the CA did not apply this test of credibility of a witness before accepting the testimony of Alejo. About the Show; You May Also Like . Alejo had been under the Abadillas custody and protection instead of that of the WPP of the government. April 28, 1995 Jessica Alfaro presents herself as a witness and accuses Hubert Webb. [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. But, unlike the house robbers, however the court points out that "Webb and his friends did not have anything to do in a darkened garage. Eighteen-year-old daughter Carmela was raped, and had 17 stab wounds. September 7, 2010http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm [60] Mario, a hair stylist during the period June 1991, testified that Webb, along with Tony Boy Lejano and Dong Ventura had their haircut. [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. He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. A news report on Thursday in Business Mirror that headlined Senate grills defense brass on plans for EDCA expansion, sites raised much curiosity for its sheer lack of detailed information. The trial began in August 1995 before Paraaque RTC Judge Amelita Tolentino. 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. 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. 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. The 47-year-old Estrellita had 13 stab wounds. Philstar Global Corp. All Rights Reserved. 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. This contradicted Hubert Webb's claim that he was in the United States from March 9, 1991, to October 27, 1992. The women were found dead with multiple stab wounds and no witnesses, murder weapons or motive have been uncovered. 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. Eh di sana may sweldo ako. 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. 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. 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. 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. The Supreme Court acquitted them on Dec. 14, 2010. For example, the prosecutor, instead of admitting Alejo to the WPP during trial, rather chose instead to allow the Abadillas, who had an interest in Alejos testimony, to make him dependent on them for his livelihood at least for the duration of the trial of the case. 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. The Vizconde massacre, dubbed the crime of the 20th century, was my defining moment as a columnist and defender of the oppressed and those. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. This is a violation of the duty of state." But Custodio admits this may be easier said than done. [2][12] Security guards Justo Cabanacan and Normal White. 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. 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. Lejano and Ventura also took turns raping Carmela, before finishing her off with numerous stabs. Methinks one year would give Eleazar ample time impose his brand of discipline on one of the most undisciplined police forces in the world. [2] Tolentino said the certificates issued by the US Immigration and Naturalization Service and the Philippine Bureau of Immigration "could have easily been obtained by the powerful Webb family". They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. There was only one vital witness for the prosecution, Freddie Alejo. [54] He was laid to rest at Manila Memorial Park Sucat on February 17. 176864), it became one of the most sensational cases in the Philippines, being described as a "trial of the century". 2. Pray to them. 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. Corona." 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". I will continue to play that role as long as I live. The case was featured on a Philippine TV show Case Unclosed as its ninth episode, "Vizconde Massacre 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. Let the love of God prevail. I would not have ended up like this if you had not neglected me). Forensic evidence: In Vizconde case it cannot lie, in Abadilla case it is inconclusive. TV-14. Alfaro testified that as Webb followed Carmela into the dining room, she decided to step outside for a smoke. Anyone can be paid! Tolentino also found it hard to believe that Webb was working with a pesticide company because he was asthmatic and allergic to various substances. Don't miss out on the latest news and information. Webb was the prime suspect of the infamous homicide that occurred on June 30, 1991. Night of June 2930, 1991 Estrellita, Carmela and Jennifer Vizconde were killed in their Paraaque home; Carmela was found to have been raped.
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