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. TV-14. In a 38-page strongly-worded decision promulgated on Tuesday, the . I was a barbarian in my college years at the University of the Philippines. [48] Other witnesses say Webb was in the Philippines at the time of the murders. [2][12] Security guards Justo Cabanacan and Normal White. She said the same MRT provided data that several Webbs arrived in the country, including Hubert, sometime in October 1992. This site uses cookies. 176864 People of the Philippines vs. Hubert Webb, et. Corona." Alfaro said she was then having reservations when she first executed the first affidavit and held back vital information due to her natural reaction of mistrust. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. [139] Against positive evidence, alibi becomes most unsatisfactory. starring Kris Aquino as Carmela Vizconde. A local elected official whos being groomed to run for a national office is being sold to the highest bidder by the politicians spouse. But her parents did not allow her to go. ), 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. 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. The prosecution did not present him as their witness during the trial. Let the love of God prevail. In a decision dated January 6, 2000, Paraaque Regional Trial Court Judge Amelita Tolentino convicted Webb and the co . Alfaro had testified that she knew the suspects and was at the Vizconde house when the crime was committed. 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. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. 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. Secondly, the SC affirmed the CAs assertion that Alejo was a credible witness ignoring the questions to his credibility by arguing that: positive and unequivocal declaration is sufficient to support a conviction for murder against appellants. Another accused, Joey Filart also fled to the United States. Vizconde Massacre: The hidden Truth. They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. due to "overwhelming evidence that showed Webb and the other accused had conspired to rape Carmela and, in the process, kill her and the rest of the family." Lauro Vizconde the husband of Estrellita and father of Carmela and Jennifer, was in the United State on business when the murders took place. Published July 4, 2011 7:24pm. Please try again. However, keep in mind not to be vindictive. From there she allegedly saw Lejano and Ventura take a knife from the kitchen drawer, while the rest of the gang acted as lookouts. And while justice seems elusive, life must go on, Vizcondes grandniece Katherine Asuncion said, reading from a family statement. 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. We use cookies to ensure you get the best experience on our website. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. [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. Tolentino also said, the photographs and videotapes purportedly showing Webb in the United States appeared to be tampered. "[21], In April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. Apart from Alejo, earlier there was another witness, Merlito Herbas. 150 likes. You are just a few clicks away from making Don't miss out on the latest news and information. The court noted the inconsistency between Alfaro's testimony of Webb being Carmela's boyfriend, who had no reason in breaking the glass panel of the house's front door to enter the house; Alfaro said that Webb "picked up some stone and, out of the blue, hurled it at the glass-paneled front door". But Villaramas opinion was not considered by the SC in their majority decision. 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. She observed Hubert was quite irritated, uneasy, and walked to and fro inside his room. 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. The trial of the case having been long concluded, the requirements of the law may have been satisfied, but not the demands of justice. 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. For almost two decades, Filipinos have been mystified by the brutal 1991 killing of a mother and her two daughters. InAbadilla case: The SC admitted the positive identification of witness Freddie Alejo when it considered him a credible witness. 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 ballistic test results also did not match to any of the firearms supposedly taken from the accused to the empty shells that were recovered at the crime scene. December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm 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. I became a villain in the eyes of the citizenry that was crying for blood; but I was steadfast. The Jessica Alfaro Story in 1995 was meanwhile focused on the star witness, portrayed by Alice Dixson. White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. 5. 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 lying witness can make as positive an identification as a truthful witness can. On June 30, 1991, 47-year-old housewife Estrellita Vizconde and daughters Carmela, 18, and Jennifer, 7, were found dead in their residence in BF Homes in Paraaque. Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. 3. In the Philippines in 1992, the Vizconde Massacre, which saw the murder of multiple women who had been stabbed to death, created an investigation full of problems. Night of June 2930, 1991 Estrellita, Carmela and Jennifer Vizconde were killed in their Paraaque home; Carmela was found to have been raped. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. 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. 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. Webbs co-accused, Antonio Lejano, is a son of a known singer and celebrity. Webb was among the nine people convicted by Paranaque Regional Trial Court Branch 274 Presiding Judge Amelita Tolentino in January 2000 for the killings. 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. 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. 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. 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. [9] They were acquitted by a trial judge in September 1993 for insufficient evidence.[9]. 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,. Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. 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. Alejo had been under the Abadillas custody and protection instead of that of the WPP of the government. The lower courts, the Supreme Court said, held that "Webb was actually in Paraaque when the Vizconde killings took place". This contradicted Hubert Webb's claim that he was in the United States from March 9, 1991, to October 27, 1992. 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. 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. As already mentioned, the SC concluded Alfaro to be not a credible witness because she did not meet these two criteria. By continuing, you are agreeing to our use of cookies. God does not teach us to retaliate. But I could not work there), Volunteers Against Crime and Corruption chairman. Webb's reliance on the presumption of regularity of official functions, stressing the fact that the US-INS certifications are official documents, is misplaced. Alejo confirmed these two (2) as the persons he saw from his guard post walking to and fro before the shooting incident. . The SC required this test as necessary before a testimony of positive identification could be accepted as credible and with merit. It is that simple. He was sentenced to eleven years in prison. 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. People vs. Bello, G.R. Manila Times Special Report on the Vizconde Case, G.R. Six months is not enough for him to clean up the Aegean stable that is the PNP. Former Paraaque City cop Gerardo Biong walked free from the New Bilibid Prisons (NBP) in Muntinlupa City after serving a 12-year sentence. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. (P.S. The court rejected his testimony because he was a disgruntled witness. References: G.R. Remember that death is the ultimate equalizer. 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. The politician would only be allowed by the spouse to run if the party that this politician will join can come up with a big amount for their family. 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 . [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. It was Alejo who had positively identified Joel and Lorenzo (delos Santos) during a police line-up. Biong was released from jail on November 30, 2010, after serving his sentence. [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. Includes gruesome real photos from the crime scene. 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. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. May I invite you to watch?). On October 1, 1996, Judge Amelita Tolentino admitted only 10 of the 142 pieces of evidence the defense presented. 3. 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. [55], On June 28, 2011, Justice Secretary Leila De Lima said Hubert Webb was in the Philippines when the murders took place. Their claims were corroborated by witnesses who are disinterested parties, their relatives and friends and documentary evidence. [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. The massacre and surrounding events were depicted in the 1993 film The Vizconde Massacre Story (God Help Us!) 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. 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. ", 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. 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. 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. [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. They were victims of gory murder; Carmela was raped before she was killed. 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 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". He and six others spent 15 years in jail. VIZCONDE MASSACRE CASE: This case is about the gang rape and murder of a 19-year-old woman, the murder of her 7-year-old sister and their mother on June 30, 1991 at their home in Paranaque City, Metro Manila. Alibi cannot prevail over the positive identification of a credible witness [140].. 182555/G.R. The court also amended the award of damages from 100,000 pesos to 200,000 pesos, and also upheld the conviction of Biong as accessory to the crime "by abusing his public functions to conceal and destroy the physical evidence in order to prevent the discovery of the crime and by allowing the destruction of the physical evidence, Biong facilitated the escape of the principal accused. 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.