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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. I can't express enough how sad and unjust today's story. 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. It took the trial and appeal process in this case fifteen years. 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. 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. 'Ms. This site uses cookies. When the accused appealed the decision, the Court of Appeals (CA) affirmed the judgement of conviction by the RTC. The Vizconde Massacre. I got involved in the case after Webb told me Hubert, whose name was slowly cropping up in news reports as a prime suspect, was in the United States when the dastardly crime happened. October 1, 1996 Judge Amelita Tolentino of the Paraaque RTC rejected 132 of the defense's 142 pieces of evidence. Under the law, prosecutors of a murder case are given 20 years from the time it occurred or the time it was discovered to identify suspects and charge them in court. May I invite you to watch?). They were sentenced to reclusion perpetua and ordered to indemnify the Vizconde family Php 3 million for the murders. ", Jessica Alfaro: Alfaro's e-mail from abroad read. 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. Anyone can be paid! InAbadilla case: The SC admitted the positive identification of witness Freddie Alejo when it considered him a credible witness. No two persons have the same DNA fingerprint, with the exception of identical twins. They are Lenido Lumanog, Augusto Santos, Senior Police Officer 2 (SPO2) Cesar Fortuna, Rameses de Jesus and Joel de Jesus. Abadilla Case Petition for Review on Certiorario:http://campaigns.ahrchk.net/abadilla5/docs/A5-FinalAppealPetition.pdf 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. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. 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. The AHRC is deeply concerned by the contradiction in the application of jurisprudence by the SC in these cases, particularly its ruling on positive identification, the credibility of witness and its appreciation of forensic evidence. [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. 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. I was a barbarian in my college years at the University of the Philippines. Envy aliens who can avoid PH; pity Pinoys who are stuck here. 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][12] Security guards Justo Cabanacan and Normal White. 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. 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 expected this decision because since the start, I knew that Jessica Alfaro was not entirely telling the truth. Yes, but what can I do (?). No. 1. 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. Sign up now! [9] They were acquitted by a trial judge in September 1993 for insufficient evidence.[9]. It was hard to tell which made up the truth and the lies. No acquittal has been made as to the two accused, Filart and Ventura, who remain at-large. 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. 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. They were victims of gory murder; Carmela was raped before she was killed. 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. He then hurled the little girl to a wall and started stabbing her. But both the RTC and the CA rejected his defence ruling that his alibi cannot stand against Alfaros positive identification of him as the rapist and killer. The other defendants were Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Filart and Artemio Ventura. February 26, 2021. . MANILA, Philippines - A former policeman who was jailed for allegedly tampering with evidence in the 1991 Vizconde massacre insists he is innocent of any crime after being released from prison Tuesday. 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. 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. [2][3] Estrellita Vizconde, 49, suffered thirteen stab wounds; Carmela Vizconde, 19, suffered seventeen stab wounds and had been raped before she was killed; and Anne Marie Jennifer, 6, had nineteen stab wounds. Remember when I made the disclosure that someone is pressuring the justices to vote for a reversal? Tolentino also found it hard to believe that Webb was working with a pesticide company because he was asthmatic and allergic to various substances. 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. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. [17], On January 6, 2000, Judge Tolentino rendered her decision, finding Hubert Webb, Peter Estrada, Hospicio Fernandez, Michael Gatchalian, Antonio Lejano II and Miguel Rodriguez guilty beyond reasonable doubt of the crime of rape with homicide. ", 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. Im still hoping for a miracle to happen. 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". She said the same MRT provided data that several Webbs arrived in the country, including Hubert, sometime in October 1992. 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. She was the prosecutions worst possible choice for a witness. Webb wanted Alfaro, the then-girlfriend of one of the accused men, Peter Estrada, to join them because Estrellita Vizconde only allowed her daughter to go out and entertain female visitors. In a 38-page strongly-worded decision promulgated on Tuesday, the . There was entry of (former senator) Freddie Webb leaving the country in March 1991 but no Hubert Webb, De Lima said. 187745. 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. This was a case that was solved nine years after the murders and then unsolved 10 years later. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. Corona." [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. A second movie, The Untold Story: Vizconde Massacre II, was released in 1994. Similar to the accused in the Vizconde case, all the accused in the Abadilla case invoked their defence of alibi. Be consoled that the truth will always come out, Hernandez advised Vizconde. 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. De Lima also said seven new witnesses claimed they saw Webb in the country during the months of April, May and June 1991. Birrer said she had accompanied Biong to the Vizconde house to destroy the evidence and to retrieve Webb's jacket and the murder weapon. Hello friends! The women were found dead with multiple stab wounds and no witnesses, murder weapons or motive have been uncovered. Needless to say, were unpopular with the PNP and other government agencies that citizens transact business with. Episode on July 5, 2011 Tuesday after Saksi! The passing away of Lauro Vizconde a few days ago does not close the sad chapter on the tragedy known as the Vizconde massacre. 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. a contribution to Human Rights work, Asian Human Rights Commission "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. 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. [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. Sulu in the eyes of my good friend Princess Jacel Kiram is a potential eco-tourism destination and fruit basket of the country. [5] The other defendants were convicted by the Paraaque Regional Trial Court, which the Court of Appeals affirmed. 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. [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". But in the Abadilla case, the relatives and friends are not an impartial witness to corroborate the defence of alibi of the accused. InVizconde case: Jessica Alfaros positive identification was rejected because she did not meet the test of a credible witness and that what she personally saw must be believable, not inherently contrived. . December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm 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. [55], On June 28, 2011, Justice Secretary Leila De Lima said Hubert Webb was in the Philippines when the murders took place. Lauro Vizconde: "Is there still anyone among you who doubts that there is rampant corruption in our government? Hong Kong 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). 2. I stood my ground because I had all the facts in my hand. 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. 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. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. 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 tapes were restored by IBM while being monitored by the National Computer Center. The people urging President Rodrigo Digong Duterte to run for vice president in the 2022 elections are making fun of him. 124871, May 13, 2004. He also claimed to have heard Hubert shout, Putang ina nyo! She took advantage of her familiarity with these details to include in her testimony. [2][20], The court ruled that the Paraaque RTC was correct in sentencing Webb et al. In a decision dated January 6, 2000, Paraaque Regional Trial Court Judge Amelita Tolentino convicted Webb and the co . Biong was released from jail on November 30, 2010, after serving his sentence. 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. [11], The defense produced documents and presented 95 witnesses, including Hubert Webb himself and his father, along with other relatives and friends to support Webb's alibi that he was in the United States from March 9, 1991, to October 26, 1992. Former Paraaque City cop Gerardo Biong walked free from the New Bilibid Prisons (NBP) in Muntinlupa City after serving a 12-year sentence. Like Herbas, court records had also shown that Alejo has been receiving money and free accommodation from the Abadillas. On October 1, 1996, Judge Amelita Tolentino admitted only 10 of the 142 pieces of evidence the defense presented. Those initially jailed for. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. 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. 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. Originally, there were seven accused charged in this case. He alleged that Webb bought illegal drugs from him on two other occasions in May 1991. Thus, her testimony could not be admitted. 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. Lejano and Ventura also took turns raping Carmela, before finishing her off with numerous stabs. 182555/G.R. Aug 5, 2008. They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. He was sentenced to eleven years in prison. Asuncion, 27, was a constant playmate of Jennifer Vizconde, who was 7 years old when she was killed. InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. 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. [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. [48] Other witnesses say Webb was in the Philippines at the time of the murders. The story of the Vizconde Massacre wasn't just a single story; it varied as told by a number of witnesses. But Justice Conchita Carpio Morales, who concurred with the decision, wrote strongly against basing judgement on conjectures: Facts decide cases. 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. Jubilation by the citizenry greeted the report of his appointment. 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. [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. 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. G/F, 52 Princess Margaret Road But her parents did not allow her to go. 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. Credibility of a witness: In Vizconde case not credible, but credible in the Abadilla case. 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. The lead suspect was Hubert Webb whose father, Freddie Webb was famous as an actor, former basketball player, and Paraaque congressman at the time of the murders. With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. The court considered the accused's "lack of interest in having such test done" in which they concluded that the state "cannot be deemed put on reasonable notice that it would be required to produce the semen specimen at some future time".[29]. Alfaro, upon explaining on how the house was ransacked, (the Paraaque police had earlier blamed house robbers as suspects), said that Ventura was looking for the front-door key and the car key. June 30, 1991 for a bicycle he bought from a store in Orange County, Los Angeles, California.