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. [15] The accused alleged that by rejecting 132 of the 142 pieces of evidence, Tolentino had set the tone for their conviction. Thus the SC decision on the Vizconde massacre is flawed, Paguia averred, citing a portion of Fortich v. Corona, 312 SCRA 751, at 758 where the SC itself ruled that unless the minimum number of EIGHT votes for a majority is attained there is no decision to speak of, therefore the release order of the Webb group should not have been signed. 150 likes. 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. This contradicted Hubert Webb's claim that he was in the United States from March 9, 1991, to October 27, 1992. The details of how they were killed were grim. But the grieving father couldn't distinguish the truth from the lies. No. Eleazar, a strict disciplinarian, is probably the only PNP chief who is loved and respected by the citizenry. 182555/G.R. Nos. Jennifer Diaz, chief of the women and childrens desk, told Allan to file the complaint with the barangay where they reside. 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. Former Paraaque City cop Gerardo Biong walked free from the New Bilibid Prisons (NBP) in Muntinlupa City after serving a 12-year sentence. 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. 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. 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. Webb was among the nine people convicted by Paranaque Regional Trial Court Branch 274 Presiding Judge Amelita Tolentino in January 2000 for the killings. 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. 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. : Directed by Carlo J. Caparas. It was hard to tell which made up the truth and the lies. References: No two persons have the same DNA fingerprint, with the exception of identical twins. 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. al., 2010, https://en.wikipedia.org/w/index.php?title=Vizconde_murders&oldid=1138122178, Loss of DNA evidence not a ground for outright acquittal. 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. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. 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. Firstly, the SC held Alfaro was not a credible witness. They were sentenced to reclusion perpetua and ordered to indemnify the Vizconde family Php 3 million for the murders. 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. She had been hanging around that agency for sometime as a stool pigeon, one paid for mixing up with criminals and squealing on them. But her parents did not allow her to go. Kung di ninyo ako pinabayaan, 'di ako magkakaganito. (Fuck you all! 16:53. 4. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. 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. October 1, 1996 Judge Amelita Tolentino of the Paraaque RTC rejected 132 of the defense's 142 pieces of evidence. I became a villain in the eyes of the citizenry that was crying for blood; but I was steadfast. [60] Mario, a hair stylist during the period June 1991, testified that Webb, along with Tony Boy Lejano and Dong Ventura had their haircut. Sacaguing broke the guidelines in taking affidavits from witnesses. 176864 People of the Philippines vs. Hubert Webb, et. 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. The 47-year-old Estrellita had 13 stab wounds. All rights are reserved. 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. A local elected official whos being groomed to run for a national office is being sold to the highest bidder by the politicians spouse. Call 896 6000. [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". Estrellita, Carmela and Jennifer Vizconde. [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. He then hurled the little girl to a wall and started stabbing her. [2] Lauro Vizconde, Estrellita's husband and the father of Carmela and Jennifer, was in the United States on business when the murders took place. [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. It was Alejo who had positively identified Joel and Lorenzo (delos Santos) during a police line-up. [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. Alfaro said Estrellita was killed before Webb began to rape Carmela. 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. [2][20], The court ruled that the Paraaque RTC was correct in sentencing Webb et al. 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. Youd be surprised who the people are behind the call for his extension; some of them are top politicians. The High Court put to question the quality of the testamentary evidence furnished by the witnesses. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. "[29], The court maintained that for a person to be convicted there should not be "a reasonable, lingering doubt as to his guilt." [12] On July 24, 1997, the Supreme Court noted that Tolentino erred when she refused to admit the 132 pieces of evidence presented by the defense, although these were later admitted in court through an order issued by Tolentino.[12][16]. 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. Remember when I made the disclosure that someone is pressuring the justices to vote for a reversal? After the shooting, he could have easily and quickly transferred to Camp Crame between 9:00 and 9:30 in the morning. 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". After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. G/F, 52 Princess Margaret Road The passing away of Lauro Vizconde a few days ago does not close the sad chapter on the tragedy known as the Vizconde massacre. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. Shades of what happened in the 2004 elections, when a national official was paid a huge sum to run under a political party. He and six others spent 15 years in jail. 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. No. While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. The prosecutors, the RTC and the CA have been made aware of this fact by the defence. The Vizconde murder case, colloquially known as the Vizconde massacre, was the multiple homicide of members of the Vizconde family on June 30, 1991 at their residence at 80 Vinzons Street, BF Homes, Paraaque, Metro Manila, Philippines. The court rejected his testimony because he was a disgruntled witness. Sign up now! Francisco Kit Hernandez celebrated Mass. Carpio testified for the defense during the trial. The SC acquitted all the accused, reversing and dismissing the guilty verdict of the RTC and the CA. Copyright 2023. This site uses cookies. She said the same MRT provided data that several Webbs arrived in the country, including Hubert, sometime in October 1992. At any rate, Rameses de Jesus admitted that they were using the new car of Lenido Lumanog. It is time to heal the past. 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. 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. 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. 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 . 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 . 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. Vizconde massacre. 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. Police assets are often criminals themselves. Equal protection of the law is fundamental in the countrys Constitution. Envy aliens who can avoid PH; pity Pinoys who are stuck here. The most significant topic that Ive ever written about and which I personally got involved in was the Vizconde massacre. 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. 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 . 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. 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. This is a violation of the duty of state." But Custodio admits this may be easier said than done. The SC identified the inconsistencies and the incredible facts in Alfaros testimony: her claim that Hubert Jeffrey Webb and Carmela Vizconde had a relationship; that Carmela had another lover whom she met just before Hubert came to her home and that she saw in open the five other accused taking turns in raping Carmela. Connections Followed by The Untold Story: Vizconde Massacre II - May the Lord Be with Us! 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 NBI is the agency responsible in providing security and protection of witnesses admitted under WPP. 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. Among those present were former Vice President Teofisto Guingona; Arsenio Boy Evangelista, father of carjack victim Venson Evangelista; Dacer-Corbito witness Cezar Mancao and his lawyer Ferdinand Topacio; and members of the Volunteers Against Crime and Corruption (VACC). 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. In the Vizconde case, the SC does not accept conjecture as the basis of its decision. The unconstitutionality of prior restraint. 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. 185123/G.R. This coincided with his passport and Philippine Immigration records but were dismissed by Tolentino due to belief that these documents can possibly be falsified. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. 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. He also claimed to have heard Hubert shout, Putang ina nyo! 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. 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. 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. But to Judge Amelita Tolentino of the Paranaque Regional Trial Court, the truth was the account of star witness Jessica Alfaro. 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. A lying witness can make as positive an identification as a truthful witness can. 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. 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. Night of June 2930, 1991 Estrellita, Carmela and Jennifer Vizconde were killed in their Paraaque home; Carmela was found to have been raped. Eighteen-year-old daughter Carmela was raped, and had 17 stab wounds. Lauro Vizconde the husband of Estrellita and father of Carmela and Jennifer, was in the United State on business when the murders took place. I also updated them on the new twist in the investigation. Lauro Vizconde on Thursday marks the 20th anniversary of the murders of his wife and two daughters at his residence in BF Homes, Paraaque City. 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. 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. After she finished the laundry, she went to the servant's quarters. 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. Alfaro could not possibly prove the relationship between Hubert and Carmela, as they were strangers to each other, and Alfaro also could not have possibly identified the other accused because all of them were strangers to her. 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". Their original conviction was capital punishment but their sentence was modified to life imprisonment when the death penalty was abolished. 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 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). The SC did not apply the two tests it invoked on the Vizconde case before accepting the positive identification of Alejo as credible, and him as a credible witness. Another accused, Joey Filart also fled to the United States. On January 4, 2000, the Regional Trial Court of Paranaque City rendered its judgement finding all the accused guilty as charged imposing a penalty of life imprisonment. [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". Vizconde Massacre: The hidden Truth. . The SC required this test as necessary before a testimony of positive identification could be accepted as credible and with merit. February 26, 2021. . [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. I will be conferring with my lawyers about my future moves.. In rejecting the defence of the accused, the SC also affirmed the conjecture the CA had put forward as to the possibility that the accused could have been present or somewhere at the vicinity where the crime took place, as mentioned below: On Joel de Jesus, it was not impossible for him to have gone also Katipunan Avenue (from Quezon City where he was driving), which is also part of Quezon City, not to mention the fact that with his tricycle, he could have easily moved from one place to another; On Rameses de Jesus and Lenido Lumanog, their claims lack credence as they are unsupported by the testimonies of independent witnesses. 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 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. 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(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. [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. Abadilla Case Decision from the Court of Appeals:http://campaigns.ahrchk.net/abadilla5/docs/A5-CAdecision.pdf. LIKE me to support Mr. Vizconde I can't express enough how sad and unjust today's story. My program is the originalsumbungan ng bayan sa radyo(roughly, citizens complaint center on radio). I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. Anyone can be paid! It cannot be coached or allured by a promise of reward or financial support. 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. With your meaningful insights, help shape the stories that can shape the country. 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. Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. I stood my ground because I had all the facts in my hand. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. Ho Man Tin, Kowloon ), 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. The women were found dead with multiple stab wounds and no witnesses, murder weapons or motive have been uncovered. Kaya laban lang tayo. The filming location took place in the actual home of the Vizconde's where the massacre took place on June 30, 1991. Biong was released from jail on November 30, 2010, after serving his sentence. As already mentioned, the SC concluded Alfaro to be not a credible witness because she did not meet these two criteria. He said that he heard Hubert Webb quarreling with another young looking customer. Alfaro accused Hubert Webb, son of former senator Freddie Webb, as the mastermind of the massacre, along with five other men, all coming from prominent families. And while justice seems elusive, life must go on, Vizcondes grandniece Katherine Asuncion said, reading from a family statement. He adds, this Court takes judicial notice of reported irregularities and tampering of passports in the years prior to the recent issuance by the Department of Foreign Affairs(DFA) of machine-readable passports.
