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. 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. Jubilation by the citizenry greeted the report of his appointment. 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. No. 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. No. ), 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. Aug 5, 2008. For example, the prosecutor, instead of admitting Alejo to the WPP during trial, rather chose instead to allow the Abadillas, who had an interest in Alejos testimony, to make him dependent on them for his livelihood at least for the duration of the trial of the case. 132577 People of the Philippines vs. Hubert Jeffrey P. Webb, 1999, G.R. 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. Eighteen-year-old daughter Carmela was raped, and had 17 stab wounds. In the Vizconde case, the SC does not accept conjecture as the basis of its decision. I stood my ground because I had all the facts in my hand. Sign up now! [60], Although Webb's group can no longer be retried because of double jeopardy, De Lima said the purpose of the reinvestigation was to uncover the truth and bring closure to Lauro Vizconde.[65][66]. 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". I also updated them on the new twist in the investigation. At the end of February, the Bureau of Fire Protection held a parade featuring some of its trucks and equipment as well as new regular personnel: women firefighters. Am I dismayed by the decision of the (Supreme Court)? Who does forget the heart-crushing 1991 Visconde massacre, with Jessica Alfaro standing as the star witness, whistle-blowing the details how these young men before, coming from our society's influential families, killed Mang Lauro's wife and his two daughters. [29], For the alibi to be established "the accused must prove by positive, clear, and satisfactory evidence that he was present at another place at the time of the perpetration of the crime, and that it was physically impossible for him to be at the scene of the crime". They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. 2. G.R. The case remained unsolved for almost four years until eyewitness, Jessica Alfaro Testified that Hubert Webb is the lead suspect and responsible of the crime committed. Cabanacan said Webb had entered the subdivision (where the Vizconde house was located) a few days before the massacre and that he even identified himself as the son of then Congressman Webb. Forensic evidence: In Vizconde case it cannot lie, in Abadilla case it is inconclusive. I told my family that I did my best. Their claims were corroborated by witnesses who are disinterested parties, their relatives and friends and documentary evidence. [6], Alfaro's testimony coincided with the angle that was being explored by Supt. 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. 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. I will be conferring with my lawyers about my future moves.. Evid. The RTC, however, acquitted Delos Santos despite being positively identified also by Alejo as one of those who was present at the crime scene. TRUTH OUT, HEALING BEGINS. The term dirty politics is appropriate for that kind of set-up. This column will tackle various topics on the days it will come out: Tuesday, Thursday and Saturday. Theyre projecting Digong as a feeble old man still seeking power. She did not know nor met any of them. The court rejected his testimony because he was a disgruntled witness. 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. My program is the originalsumbungan ng bayan sa radyo(roughly, citizens complaint center on radio). Herbas and Alejo worked for the Abadillas as security guards. a contribution to Human Rights work, Asian Human Rights Commission True Crime. ABADILLA MURDER CASE: This case is about the murder of Rolando Abadilla, a police colonel during Marcos regime, at 8:30 on June 13, 1996 at the Katipunan Avenue, Quezon City. [citation needed] (The Philippine Rules of Evidence require official attestation of the authenticity of any public document presented in evidence; as per Sec. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. 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. Estrellita, 47, had suffered thirteen stab wounds; Carmela, 18, had suffered seventeen stab wounds and had been raped before she was killed; and Jennifer, 7, had nineteen stab . The Supreme Court acquitted them on Dec. 14, 2010. Hopefully, if they will surface, public pressure will snowball and I will finally get the justice I am looking for, he said. Alfaro had testified that she knew the suspects and was at the Vizconde house when the crime was committed. "[29], The court maintained that for a person to be convicted there should not be "a reasonable, lingering doubt as to his guilt." 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. Pray to them. It cannot be coached or allured by a promise of reward or financial support. [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. So, some sectors are calling for Eleazars extension until after the May 2022 elections. 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. 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. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. However, the court pointed out that while Webb or his parents may be able to "arrange for the local immigration to put a March 9, 1991 departure stamp on his passport and an October 27, 1992 arrival stamp", they could not fix a foreign airlines passenger manifest, and the U.S. Immigration's record system. [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. The Untold Story: Vizconde Massacre II - May the Lord Be with Us! The most significant topic that Ive ever written about and which I personally got involved in was the Vizconde massacre. [29] But Villaramas opinion was not considered by the SC in their majority decision. Among the defense witnesses was Artemio Sacaguing, a former, now deceased NBI official who testified that Alfaro was an NBI asset who only volunteered to assume the role of the eyewitness when she could not produce the actual witness to the Vizconde killings. 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. Originally, there were seven accused charged in this case. June 30, 1991 for a bicycle he bought from a store in Orange County, Los Angeles, California. She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. Includes gruesome real photos from the crime scene. He said that he heard Hubert Webb quarreling with another young looking customer. The CA in effect crafted and formulated the conjectures giving them the appreciation similar to facts offered as evidence where it had based the judgment. 808 bound for New York and who expressed doubt on whether Hubert Webb was his co-passenger in the trip; NBI medico-legal Dr. Prospero Cabanayan, Belen Dometita and Teofilo Minoza, two of the Vizconde maids; and Manciano Gatmaitan, an engineer. InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. I am not an NBI agent nor an NBI asset. Anyone can be paid! 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. This site uses cookies. This policewoman is either ignorant of the law or plain lazy. [30], In three separate occasions, police authorities mistakenly arrested persons they believed to be suspect Joey Filart: a namesake in August 1995, the same person again in February 2000, and a person from Compostela Valley in March 2000. Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. 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. I would not have ended up like this if you had not neglected me). . From there she allegedly saw Lejano and Ventura take a knife from the kitchen drawer, while the rest of the gang acted as lookouts. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. 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. ", Jessica Alfaro: Alfaro's e-mail from abroad read. 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. 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. Those initially jailed for. 16:53. No. G/F, 52 Princess Margaret Road 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. Make a difference. 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". The details of how they were killed were grim. While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. Similar to the accused in the Vizconde case, all the accused in the Abadilla case invoked their defence of alibi. 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. 182555/G.R. Tel: +(852) 2698 6339 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. 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. Early Thursday, Lauro Vizconde went to Holy Cross Memorial Park and laid bouquets of roses on the tombs of his wife and daughters. Sacaguing broke the guidelines in taking affidavits from witnesses. Suspicions, no matter how strong they are, must never sway judgment. 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. 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. Connections Followed by The Untold Story: Vizconde Massacre II - May the Lord Be with Us! 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. No. This was a case that was solved nine years after the murders and then unsolved 10 years later. Former NBI official Pedro Rivera however dismissed as lies the testimony of Sacaguing saying that Agent Sacaguing had a record of notoriety in the NBI which prompted his transfer to remote places of assignment until his early retirement. The film claims to have been based on new evidence from the then-ongoing trial. It is that simple. Therefore, the applications of the SC on evaluating the defence of alibi of the accused have not been equally applied in these two cases. The men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. 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. The court also said that it was "possible for Alfaro to lie" on the details of the case. Justice Secretary Leila de Lima yesterday said the government task force re-investigating the 1991 Vizconde massacre case has found another witness and was convincing him to come out in public and People vs. Bello, G.R. 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. It took the trial and appeal process in this case fifteen years. InVizconde case: The SC applied two tests in rejecting the positive identification of Alfaro: firstly, the credibility of a witness; secondly, the testimony should be believable, not inherently contrived. Equal protection of the law is fundamental in the countrys Constitution. I stand by my story. 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. Francisco Kit Hernandez celebrated Mass. I can't express enough how sad and unjust today's story. The trial of the case having been long concluded, the requirements of the law may have been satisfied, but not the demands of justice. Remember when I made the disclosure that someone is pressuring the justices to vote for a reversal? The passing away of Lauro Vizconde a few days ago does not close the sad chapter on the tragedy known as the Vizconde massacre. Given the financial resources and political influence of his family, it was not unlikely that Webb could have traveled back to the Philippines before June 2930, 1991 and then departed for the US again, and returning to the Philippines in October 1992. starring Kris Aquino as Carmela Vizconde. Needless to say, were unpopular with the PNP and other government agencies that citizens transact business with. Eh di sana may sweldo ako. Choose Gods endless kind of love., Hernandez also reminded Vizconde that he now had three saints in Heaven.. Of the 15 Justices, 7 voted for acquittal while four dissented and four Justices, including Carpio, did not participate.[27][28]. Former Paraaque City cop Gerardo Biong walked free from the New Bilibid Prisons (NBP) in Muntinlupa City after serving a 12-year sentence. [139] Against positive evidence, alibi becomes most unsatisfactory. Therefore, the SCs rejection of Villamaras opinion demonstrates a fundamental contradiction to its September 7 decision on the Abadilla case. Thus, her testimony could not be admitted. This coincided with his passport and Philippine Immigration records but were dismissed by Tolentino due to belief that these documents can possibly be falsified. 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. That's all crap! There was entry of (former senator) Freddie Webb leaving the country in March 1991 but no Hubert Webb, De Lima said. Methinks one year would give Eleazar ample time impose his brand of discipline on one of the most undisciplined police forces in the world. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. The readers will notice soon enough the brevity of each topic. The Villadolid brothers were mentioned by a certain Rhoda Pujanes alias Dang, who claimed she overheard Villadolid and his friends, including Miguel Rodriguez and Michael Gatchalian (both co-accused of Webb), talking about the massacre during a pot session in 1991. As already mentioned, the SC concluded Alfaro to be not a credible witness because she did not meet these two criteria. 176389 / G.R. The SC acquitted all the accused, reversing and dismissing the guilty verdict of the RTC and the CA. Vizconde massacre. Don't miss out on the latest news and information. 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. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. [165] The discrepancies between a sworn statement and testimony in court do not outrightly justify the acquittal of an accused,[166] as testimonial evidence carries more weight than an affidavit. Estrellita, Carmela and Jennifer Vizconde. After the shooting, he could have easily and quickly transferred to Camp Crame between 9:00 and 9:30 in the morning. : Directed by Carlo J. Caparas. [56] According to De Lima, all the new witnesses passed the polygraph test. 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. She was the prosecutions worst possible choice for a witness. 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. I will continue to play that role as long as I live. This is despite questions to his credibility for receiving money and enjoying privileges while he was in Abadillas custody and the existence of inconsistencies in his testimonies in open court. Hell never return to the Philippines, said the Thai tourist whose cash was filched by Manila airport security personnel. 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. Abadilla Case Petition for Review on Certiorario:http://campaigns.ahrchk.net/abadilla5/docs/A5-FinalAppealPetition.pdf [2] Alfaro said that policeman Gerardo Biong "was instructed by Webb, in my presence, to take care of the house where the incident happened". In a 38-page strongly-worded decision promulgated on Tuesday, the . The DoJ also placed Alfaro under the Witness Protection Program (WPP) during the trial period. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. al., 2010, https://en.wikipedia.org/w/index.php?title=Vizconde_murders&oldid=1138122178, Loss of DNA evidence not a ground for outright acquittal. But the grieving father couldn't distinguish the truth from the lies. They were victims of gory murder; Carmela was raped before she was killed. Rodolfo Sison, the police investigator originally assigned to the case in 1991. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. Webb was among the nine people convicted by Paranaque Regional Trial Court Branch 274 Presiding Judge Amelita Tolentino in January 2000 for the killings. Herbas had testified for the defence instead of the prosecution when the Abadilla did not fulfil his promise to give him (Herbas) exactly the same salary he was receiving and when he was told that he would no longer be presented as witness because the testimony of Alejo would be sufficient. It was hard to tell which made up the truth and the lies. It is said that being elected president is a gift from God. Secondly, Alfaros quality as a witness and her inconsistent, if not inherently unbelievable, testimony cannot be the positive identification that jurisprudence acknowledges as sufficient. 24, Rule 134, R. No. [2] Two of the accused remain fugitives from the law: Joey Filart and Artemio Ventura. This is one of the most controversial and widely publicised massacre cases because of the involvement of the son of a former Philippine . 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. Six months is not enough for him to clean up the Aegean stable that is the PNP. I became a villain in the eyes of the citizenry that was crying for blood; but I was steadfast. 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. 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. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. Call 896 6000. Vizconde is clinging to the hope that even if this period ended Thursday, more concerned citizens will approach the National Bureau of Investigation to corroborate claims made by new witnesses that Webb was seen in BF Homes, Paraaque City, at the time of the murders. [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. SC slams 'unbelievable' testimony of Vizconde massacre 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. [18], In her decision, Tolentino described the testimony of defense witnesses as full of inconsistencies and biased. 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. When the accused appealed the decision, the Court of Appeals (CA) affirmed the judgement of conviction by the RTC. Even if we were denied justice, I consoled them that at least people already know what really happened, he said. 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. She observed Hubert was quite irritated, uneasy, and walked to and fro inside his room. The NBI is a special investigating body attached to the DoJ. 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.
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