Suspicions, no matter how strong they are, must never sway judgment. The court argued that the cited case has been superseded by Arizona v. Youngblood, "where the U.S. Supreme Court held that due process does not require the State to preserve the semen specimen although it might be useful to the accused unless the latter is able to show bad faith on the part of the prosecution or the police". Rey and Jerry claimed they saw Webb playing basketball between the months of June and July 1991 during a league in BF Homes. The details of how they were killed were grim. G/F, 52 Princess Margaret Road [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. By continuing, you are agreeing to our use of cookies. Equal protection of the law is fundamental in the countrys Constitution. The AHRC urges the SC to thoroughly review the pending final appeal of the accused in the Abadilla case. I can't express enough how sad and unjust today's story. Acting solely on Alfaros testimony, the Department of Justice (DoJ) filed charges of rape with homicide against the eight accused on August 1995. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. Alfaro said Estrellita was killed before Webb began to rape Carmela. But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. [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. 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. 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. Connections Followed by The Untold Story: Vizconde Massacre II - May the Lord Be with Us! The SC acquitted all the accused, reversing and dismissing the guilty verdict of the RTC and the CA. Jubilation by the citizenry greeted the report of his appointment. No. Two of the accused have also been acquitted by the RTC on the basis of their defence of alibis. Hell never return to the Philippines, said the Thai tourist whose cash was filched by Manila airport security personnel. But Villaramas opinion was not considered by the SC in their majority decision. [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. 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. 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. He then hurled the little girl to a wall and started stabbing her. It held that the acquittal of their co-accused does not necessarily benefit the appellants. 16:53. Similar to the Vizconde case, the five accused made a defence of alibi claiming that they were somewhere else on June 13, 1996 when the murder of Abadilla happened. 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 . A second movie, The Untold Story: Vizconde Massacre II, was released in 1994. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. As a result, the court reverses the decision of the Court of Appeals, and acquits Webb, et al. Apart from Alejo, earlier there was another witness, Merlito Herbas. The people urging President Rodrigo Digong Duterte to run for vice president in the 2022 elections are making fun of him. 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. The court also said that it was "possible for Alfaro to lie" on the details of the case. 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. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. No. This policewoman is either ignorant of the law or plain lazy. Like the accused in the Vizconde case and for any other cases for that matter, the accused in the Abadilla murder case also deserve equal protection of the law. He alleged that Webb bought illegal drugs from him on two other occasions in May 1991. 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. He and six others spent 15 years in jail. "[29], The court maintained that for a person to be convicted there should not be "a reasonable, lingering doubt as to his guilt." [56] According to De Lima, all the new witnesses passed the polygraph test. 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. 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. There was entry of (former senator) Freddie Webb leaving the country in March 1991 but no Hubert Webb, De Lima said. 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 fight is not over. In a decision dated January 6, 2000, Paraaque Regional Trial Court Judge Amelita Tolentino convicted Webb and the co . ), Among evidence that was not admitted by Judge Tolentino, was the note verbale from the United States Embassy in Manila claiming that Webb entered the United States in March 1991 and left in October 1992. 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. Youd be surprised who the people are behind the call for his extension; some of them are top politicians. [5] The other defendants were convicted by the Paraaque Regional Trial Court, which the Court of Appeals affirmed. ), 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 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. I did that hoping to make them have second thoughts about doing so,.There is no justice in the Philippines. 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. Both the SC and the CA affirmed the RTCs sentence of guilty verdict without applying the test on the credibility of a witness as they did in Vizconde case. 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. [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. No. Herbas and Alejo worked for the Abadillas as security guards. 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 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 . De Lima said it was possible that it was Black Maria who was in the Vizconde home and not Jessica Alfaro, the NBI's star witness during the trial. Corona." 150 likes. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. The RTC, however, acquitted Delos Santos despite being positively identified also by Alejo as one of those who was present at the crime scene. Only minor cases, like oral defamation and quarrel between neighbors, are handled by the barangay. [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. 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. He alleged that he could not forget Webb because Biong had allegedly threatened him, Do not cheat him. April 28, 1995 Jessica Alfaro presents herself as a witness and accuses Hubert Webb. Webb was the prime suspect of the infamous homicide that occurred on June 30, 1991. 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. LYN RILLON. 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. [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". 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. You will regret it.[58][59] Jack, a village security guard who kept records of the village where Webb lived said he saw Hubert Webb during the time of the massacre. 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. 4. I am not an NBI agent nor an NBI asset. 121234 Hubert Webb et al. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. "[21], In April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. [58] George, a drug dealer, claimed he was introduced to Webb by former SPO1 Gerardo Biong sometime in April 1991 where the young Webb allegedly purchased from him 10grams of shabu worth P10,000. Person of interest in hazing case of Adamson student found dead, Jeepney phaseout: Its more than just new vehicles, Sandiganbayan convicts ex-Pagcor chair Genuino of graft, House energy committee chair Arroyo bats for cheap electricity, LIVE UPDATES: Face-to-face classes, work suspended as transport strike looms, vivo announces PHP 1,000 price drop on vivo V25e, Kickstart summer with vivos hot smartphone deals this 3.3, Over 24,000 hectares of coral reef at risk following Mindoro oil spill, Frat members planned to burn Adamson hazing victims body police | INQToday, Joey de Leon laughs off Eat Bulaga rebranding rumors; Tito Sotto meets up with show producer Tony Tuviera, LIST: LGUs, schools suspend face-to-face classes, work as transport strike looms, NBA: Devin Booker, Suns cruise past Bulls in second half. It was based on the rule of the minority and not the majority as they (the SC justices) had enunciated in Fortich v. No. Francisco Kit Hernandez celebrated Mass. Her mother, Estrellita, 47, and sister, Jennifer, 7, were also killed. I will be conferring with my lawyers about my future moves.. The Vizconde Massacre. [29], The court said that "among the accused, Webb presented the strongest alibi". 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. 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. Be consoled that the truth will always come out, Hernandez advised Vizconde. The court rejected his testimony because he was a disgruntled witness. Allan (surname intentionally omitted), stepfather of a 16-year-old girl who was nearly raped by a neighbor, went with his daughter to the police station in San Jose, Batangas recently to file a complaint. 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. [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. It is time to heal the past. Former Paraaque City cop Gerardo Biong walked free from the New Bilibid Prisons (NBP) in Muntinlupa City after serving a 12-year sentence. InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. 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. Powered by, Appendix: Case analysis: Supreme Courts rulings on Vizconde and Abadilla cases are contradictory, http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm, http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm, http://campaigns.ahrchk.net/abadilla5/docs/A5-FinalAppealPetition.pdf, http://campaigns.ahrchk.net/abadilla5/docs/A5-CAdecision.pdf. But her parents did not allow her to go. The court also said the same for the issue of the garage light: she claimed that Ventura climbed the car's hood, using a chair, to turn the light off. Sison was ordered to desist from further investigating that angle by then Philippine National Police Capital Region Commander Marino Filart after six members of akyat bahay gang (burglars) were arrested by Regional Police Unit in October 1991. The readers will notice soon enough the brevity of each topic. They are Lenido Lumanog, Augusto Santos, Senior Police Officer 2 (SPO2) Cesar Fortuna, Rameses de Jesus and Joel de Jesus. [29] Executive M/Sgt. 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. White, on the other hand, said he saw the three cars enter the subdivision on the night of June 29, as Alfaro had testified; White also testified that policeman Gerardo Biong was the first to arrive at the crime scene. [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. [60] De Lima believed Dong Villadolid is the same person as Dong Ventura, one of the co-accused who fled to the US following the massacre. [49], On January 4, 2011, Justice Secretary Leila de Lima said suspect Joey Filart was spotted in the United States. 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. It was Alejo who had positively identified Joel and Lorenzo (delos Santos) during a police line-up. [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. Vizconde massacre. I stood my ground because I had all the facts in my hand. 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. The prosecution of this case only began in August 10, 1995, four years after the massacre happened, when Jessica Alfaro, an informant working for the National Bureau of Investigation (NBI), told lawyer Artemio Sacaguing, an official of the NBI, that she knew someone who had the real story behind the Vizconde massacre. The San Jose police station eventually received and filed the complaint with the prosecutors office in Batangas City, only after my staff at Isumbong mo kay Tulfo told them Diazs arrogance would reach Camp Crame. 132577 People of the Philippines vs. Hubert Jeffrey P. Webb, 1999, G.R. On the contrary, it reopens it. The CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. We have ruled that accused-appellant may not invoke the acquittal of the other conspirators to merit the reversal of his conviction for murder. 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! [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. [52] On June 14, 2011, Hubert Webb filed a P180,000 compensation claim for "unlawful conviction" for the Vizconde massacre. Biong was released from jail on November 30, 2010, after serving his sentence. 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. Webb's reliance on the presumption of regularity of official functions, stressing the fact that the US-INS certifications are official documents, is misplaced. Includes gruesome real photos from the crime scene. 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. 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. Six months is not enough for him to clean up the Aegean stable that is the PNP. :Isumbongwill make a comeback on PTV-4 on June 12, 2021. She was the prosecutions worst possible choice for a witness. Their claims were corroborated by witnesses who are disinterested parties, their relatives and friends and documentary evidence. She added that suspect Miguel Rodriguez warned her to "shut up or you're gonna get killed" in the same disco on April 8, 1995, prompting her to voluntarily submit herself to the National Bureau of Investigation (NBI) for protection. 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. She had been hanging around that agency for sometime as a stool pigeon, one paid for mixing up with criminals and squealing on them. 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. 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. This page was last edited on 8 February 2023, at 03:37. Credibility of a witness: In Vizconde case not credible, but credible in the Abadilla case. [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]. 2. 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 April this year, the Webbs filed an urgent motion to acquit when they found out that the NBI no longer has custody of the specimen that was taken from the body of the rape victim, Carmela Visconde. Guillermo Lorenzo Guilor Eleazar, recently appointed chief of the Philippine National Police (PNP), bows out on Nov. 13 this year when he reaches the mandatory retirement age of 56. She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. Methinks one year would give Eleazar ample time impose his brand of discipline on one of the most undisciplined police forces in the world. Jennifer Diaz, chief of the women and childrens desk, told Allan to file the complaint with the barangay where they reside. Your subscription could not be saved. 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. InAbadilla case: Both the RTC and the CA did not apply this test of credibility of a witness before accepting the testimony of Alejo. 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. While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. 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. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene.