Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. 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. [2] Two of the accused remain fugitives from the law: Joey Filart and Artemio Ventura. 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. On June 30, 1991, Estrellita Vizconde and her two daughters: Carmela and Jennifer, were found lifeless inside their home in Paraaque. I was a barbarian in my college years at the University of the Philippines. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. Massacre era. 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. . No. Jubilation by the citizenry greeted the report of his appointment. 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. [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. "[21], In April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. 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. This is one of the most controversial and widely publicised massacre cases because of the involvement of the son of a former Philippine . Kaya laban lang tayo. 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 . Lauro Vizconde: "Is there still anyone among you who doubts that there is rampant corruption in our government? 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. 16:53. But the grieving father couldn't distinguish the truth from the lies. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. [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]. Secondly, in the Abadilla case the SC held that the defense of alibi is weak, but in the Vizconde case it held that not all denials and alibis should be regarded as fabricated. 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. The court ruled that Alfaro was "a stool pigeon, one who earned her living by fraternizing with criminals so she could squeal on them to her NBI handlers." 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. As a host of the program that carries my surname, I and my all-female staff have handled complaints from citizens, concerning abusive or arrogant policemen and other government functionaries. 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. The tapes were restored by IBM while being monitored by the National Computer Center. 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. But feeling uneasy, she decided to go up to the stockroom near Hubert's room to see what he was doing. When she could not produce the person, Sacaguing continued to press her saying that she might as well assume the role of her informant.. It took the trial and appeal process in this case fifteen years. (adsbygoogle = window.adsbygoogle || []).push({}); Vizconde said he was optimistic about finding more witnesses.. 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. But Villaramas opinion was not considered by the SC in their majority decision. Webbs son, Hubert Jeffrey, is also the brother of a television host, Pinky, in one of the largest television networks in the country. 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. [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. 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. Alfaro also said that she bumped into Biong at the Faces Disco in Makati in March 1995 and relayed to her the offer of the group to give her a free ticket to the United States to shut her up. 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. The Vizconde massacre, dubbed the crime of the 20th century, was my defining moment as a columnist and defender of the oppressed and those wrongfully accused. 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. TV-14. They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. Remember that death is the ultimate equalizer. 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. Vizconde should go after the national government. 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. [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. God does not teach us to retaliate. [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. 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. 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. While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. 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. The SC, however, held that by failing to prove the existence of a relationship between Hubert and Carmela; and that the lover that Alfaro claimed that Carmela had met did not come forward in public or in court, her testimonies about the accused and the victims were like a piece of jigsaw puzzle trimmed to fit into the shape on the board but does not belong because it clashes with the surrounding pieces and the lover was a mere ghost of the imagination of Alfaro, the woman who made a living informing on criminals. 'Ms. 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. A local elected official whos being groomed to run for a national office is being sold to the highest bidder by the politicians spouse. Based on my findings, I defended Hubert in my column and in my radio and TV programs. By continuing, you are agreeing to our use of cookies. Sacaguing broke the guidelines in taking affidavits from witnesses. Vizconde massacre. "[29], The court maintained that for a person to be convicted there should not be "a reasonable, lingering doubt as to his guilt." "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. 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. Alejo had been under the Abadillas custody and protection instead of that of the WPP of the government. It cautioned itself from accepting the testimonies of witnesses without applying these tests. Am I dismayed by the decision of the (Supreme Court)? MANILA, Philippines - Six new witnesses reveal Hubert Webb, son of former Senator Freddie Webb, was in the Philippines when the Vizconde massacre took place on June 1991. Seven justices based its decision on the following points: Webb, citing Brady v. Maryland, said "that he is entitled to outright acquittal on the ground of violation of his right to due process given the States failure to produce on order of the Court either by negligence or willful suppression the semen specimen taken from Carmela." The NBI is a special investigating body attached to the DoJ. [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. They were victims of gory murder; Carmela was raped before she was killed. Let the love of God prevail. 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. Lorenzo delos Santos was acquitted due to lack of evidence, but the RTC, the CA and the SC ignored that fact that the same positive identification it invoked in convicting the Abadilla Five came from exactly the same testimonies that have been used to acquit Delos Santos. Webb's reliance on the presumption of regularity of official functions, stressing the fact that the US-INS certifications are official documents, is misplaced. [2] Alfaro said that policeman Gerardo Biong "was instructed by Webb, in my presence, to take care of the house where the incident happened". The SC also held that it was possible for Alfaro to know the details about the Vizconde killings because she had prior access to the details that the investigators knew of the case. :Isumbongwill make a comeback on PTV-4 on June 12, 2021. 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. 1. This coincided with his passport and Philippine Immigration records but were dismissed by Tolentino due to belief that these documents can possibly be falsified. [29], In his dissenting opinion, Justice Villarama argued that the claim of Webb that he could not have committed the crime because he left for the United States on March 9, 1991, and returned to the Philippines only on October 26, 1992, was correctly rejected by the Regional Trial Court and Court of Appeals. Thus, her testimony could not be admitted. 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].. The CA held that these ballistic results are inconclusive and can never prevail over appellants positive identification by eyewitness Freddie Alejo. 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. 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 that, contrary to his alibi, released murder convict Hubert Webb never left the country. 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 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. By continuing to browse the site, you are agreeing to our use of cookies. It would be a serious miscarriage of justice and a demonstration of inequality before the law should jurisprudence not be applied equally. [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. Remember when I made the disclosure that someone is pressuring the justices to vote for a reversal? 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 the prime suspect of the infamous homicide that occurred on June 30, 1991. The Supreme Court acquitted them on Dec. 14, 2010. Indeed, the testimony of a single witness, when positive and credible, is sufficient to support a conviction even for murder. She did not show up at the NBI as a spontaneous witness (only after four years) bothered by her conscience. Former Paraaque policeman Gerardo Biong was found guilty as an accessory for burning bedsheets and tampering with other evidence in the crime. The prosecution did not present him as their witness during the trial. 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. I found this As of yesterday, police had arrested and filed criminal charges against six fraternity members suspected to have beaten to death John Matthew Salilig in a twisted concept ofbrotherhood. I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. 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. The most significant topic that Ive ever written about and which I personally got involved in was the Vizconde massacre. 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. Credibility of a witness: In Vizconde case not credible, but credible in the Abadilla case. 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. [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. By providing an email address. The SCs decision affirming the guilty verdict by the Regional Trial Court (RTC) of Quezon City on the Abadilla Five, the five men accused in the murder of police colonel Rolando Abadilla on June 13, 1996, is already the subject of a final appeal filed on October 8, 2010. 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. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. [55], On June 28, 2011, Justice Secretary Leila De Lima said Hubert Webb was in the Philippines when the murders took place. It strictly laid down these as the least requirement in evaluating the credibility of the claim of positive identification. Welcome to my maiden column in TheSTAR, now the countrys No. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. When the accused appealed the decision, the Court of Appeals (CA) affirmed the judgement of conviction by the RTC. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. Please try again. Sulu in the eyes of my good friend Princess Jacel Kiram is a potential eco-tourism destination and fruit basket of the country. He was sentenced to eleven years in prison. On the contrary, it reopens it. 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. Firstly, in the Vizconde case, the SC still held as credible the corroborating testimonies of the witnesses favouring Hubert Jeffrey who are mostly his relatives and friends in support of his defence of alibi. Their claims were corroborated by witnesses who are disinterested parties, their relatives and friends and documentary evidence. The Vizconde murders remained unsolved for almost four years, until eyewitness Jessica Alfaro, a self-confessed former drug addict, came forward on April 28, 1995, to shed light on the massacre. After the shooting, he could have easily and quickly transferred to Camp Crame between 9:00 and 9:30 in the morning. vs. Raul de Leon et. Fax: +(852) 2698 6367, Copyright 2023 Asian Human Rights Commission. Alfaro said Estrellita was killed before Webb began to rape Carmela. He alleged that he could not forget Webb because Biong had allegedly threatened him, Do not cheat him. Since I was introduced to The STAR readers in the front page, Ill hit the ground running. We have ruled that accused-appellant may not invoke the acquittal of the other conspirators to merit the reversal of his conviction for murder. Kung di ninyo ako pinabayaan, 'di ako magkakaganito. (Fuck you all! Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. Your subscription could not be saved. 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. 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. 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. 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. Three days after that, he was allegedly approached by Mrs. Webb who reportedly told him, You did not see anything. A week after, Sen. Freddie Webb allegedly told him, You did not see anything. 185123/G.R. Abadilla Case Petition for Review on Certiorario:http://campaigns.ahrchk.net/abadilla5/docs/A5-FinalAppealPetition.pdf "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. Ho Man Tin, Kowloon With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. The Volunteers Against Crime and Corruption(VACC) asked Justice Antonio Carpio and his cousin Justice Conchita Carpio-Morales to take a leave while the case is being decided to avoid undue influence on the court's decision. Equal protection of the law is fundamental in the countrys Constitution. 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. She said the same MRT provided data that several Webbs arrived in the country, including Hubert, sometime in October 1992. The men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. 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." The massacre and surrounding events were depicted in the 1993 film The Vizconde Massacre Story (God Help Us!) 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. To find out more, please click this link. Rodolfo Sison, the police investigator originally assigned to the case in 1991. 2. 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. The case was featured on a Philippine TV show Case Unclosed as its ninth episode, "Vizconde Massacre Case. Those initially jailed for. She was the prosecutions worst possible choice for a witness. [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. 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. Two of the accused have also been acquitted by the RTC on the basis of their defence of alibis. True Crime.
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