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 CA in effect crafted and formulated the conjectures giving them the appreciation similar to facts offered as evidence where it had based the judgment. Their claims were corroborated by witnesses who are disinterested parties, their relatives and friends and documentary evidence. It was hard to tell which made up the truth and the lies. Theyre projecting Digong as a feeble old man still seeking power. InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. 1 newspaper in terms of circulation and readership. Birrer said she had accompanied Biong to the Vizconde house to destroy the evidence and to retrieve Webb's jacket and the murder weapon. [22], On October 8, 2010, Webb filed an urgent motion for acquittal. Movie producers and directors rode the wave of public outcry by creating true-to-life films based on such heinous crimes. The Vizconde Massacre. With your meaningful insights, help shape the stories that can shape the country. 'Ms. 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. ", 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. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. They were sentenced to reclusion perpetua and ordered to indemnify the Vizconde family Php 3 million for the murders. He then hurled the little girl to a wall and started stabbing her. 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. 176864. It would be a serious miscarriage of justice and a demonstration of inequality before the law should jurisprudence not be applied equally. Don't miss out on the latest news and information. Lejano and Ventura also took turns raping Carmela, before finishing her off with numerous stabs. The Asian Human Rights Commission (AHRC) wishes to draw the attention of the Supreme Court (SC) of the Philippines to its recent decision on two well-known cases tried in the lower courts; the conviction in the Vizconde Massacre case was overturned while that of the Abadilla murder case was affirmed. The case was featured on a Philippine TV show Case Unclosed as its ninth episode, "Vizconde Massacre Case. 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. Please try again. To find out more, please click this link. Kung di ninyo ako pinabayaan, 'di ako magkakaganito. (Fuck you all! Hence, it was not physically impossible for them to travel to Quezon City via the North Expressway at the time the crime took place; On Augusto Santos, the corroboration of his brother-in-law, Jonas Padel Ayhon, that he was at the Jose Fabella Hospital when the crime happened, the CA rejected his corroboration because he was not an impartial witness and ruled that where nothing supports the alibi than the testimony of a relative, it deserves scant consideration. Published July 4, 2011 7:24pm. The prescription period does not matter to me, its just a date, he said. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. . But her parents did not allow her to go. On January 4, 2000, the Regional Trial Court of Paranaque City rendered its judgement finding all the accused guilty as charged imposing a penalty of life imprisonment. 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. The AHRC urges the SC to thoroughly review the pending final appeal of the accused in the Abadilla case. 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. This contradicted Hubert Webb's claim that he was in the United States from March 9, 1991, to October 27, 1992. My program is the originalsumbungan ng bayan sa radyo(roughly, citizens complaint center on radio). He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. Conjectures and suspicions are not facts, hence, they have no evidentiary value. Fax: +(852) 2698 6367, Copyright 2023 Asian Human Rights Commission. 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. [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. White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. The High Court put to question the quality of the testamentary evidence furnished by the witnesses. "[21], In April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. 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 public and the media continue to watch as the years go by . Biong was released from jail on November 30, 2010, after serving his sentence. She said the US-based defense witnesses, most of whom are relatives or friends of the Webb family suffered from "incorrigible and selective memory syndrome". No acquittal has been made as to the two accused, Filart and Ventura, who remain at-large. The NBI is a special investigating body attached to the DoJ. 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. She did not show up at the NBI as a spontaneous witness (only after four years) bothered by her conscience. [54] He was laid to rest at Manila Memorial Park Sucat on February 17. Another accused, Joey Filart also fled to the United States. No. No. 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. 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. She was the prosecutions worst possible choice for a witness. It cannot be coached or allured by a promise of reward or financial support. 3. 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. Anyone can be paid! G.R. No. It is said that being elected president is a gift from God. 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. VIZCONDE MASSACRE: 20 YEARS, TWO FACES OF JUSTICE Report by Maki Pulido It is one of the most controversial cases in the country's history, the most shocking crime in the 90s - the Vizconde Massacre. 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. This policewoman is either ignorant of the law or plain lazy. [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. The fight is not over. The details of how they were killed were grim. [2][12] Security guards Justo Cabanacan and Normal White. Those initially jailed for. The CA held that these ballistic results are inconclusive and can never prevail over appellants positive identification by eyewitness Freddie Alejo. The court said the "portion of Alfaro's story appears tortured to accommodate the physical evidence of the ransacked house" adding that "it is a story made to fit in with the crime scene although robbery was supposedly not the reason Webb and his companions entered that house". G/F, 52 Princess Margaret Road [4] In the Trial Court (People of the Philippines vs. Hubert Webb, et al., G.R. 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 prosecutors, the RTC and the CA have been made aware of this fact by the defence. 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. Episode on July 5, 2011 Tuesday after Saksi! 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. 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. Alfaro said Estrellita was killed before Webb began to rape Carmela. 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. Former Paraaque policeman Gerardo Biong was found guilty as an accessory for burning bedsheets and tampering with other evidence in the crime. She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. On the contrary, it reopens it. Herbas and Alejo worked for the Abadillas as security guards. I can't express enough how sad and unjust today's story. The NBI is the agency responsible in providing security and protection of witnesses admitted under WPP. From there she allegedly saw Lejano and Ventura take a knife from the kitchen drawer, while the rest of the gang acted as lookouts. I became a villain in the eyes of the citizenry that was crying for blood; but I was steadfast. [12] (Under Philippine law, generally, alibi is the weakest defense, especially where there is direct testimony of an eyewitness, duly corroborated by another. I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. X' key to real perpetrators of Vizconde murders? May I invite you to watch?). Am I dismayed by the decision of the (Supreme Court)? 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. 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. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. Tolentino also said, the photographs and videotapes purportedly showing Webb in the United States appeared to be tampered. The court also said that if Webb was in the U.S. when the crime was committed, the Alfaro's testimony would not hold together: "Without it, the evidence against the others must necessarily fall. The other accused were Artemio Dong Ventura, Michael A. Gatchalian, Hospicio Pyke Fernandez, Peter Estrada, Miguel Ging Rodriguez, and Joey Filart. 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. Massacre era. 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. [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. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. He said that he heard Hubert Webb quarreling with another young looking customer. The Supreme Court acquitted them on Dec. 14, 2010. The Supreme Court acquitted them on Dec. 14, 2010. Thus, it was not surprising for Alfaro to testify with great details in court. [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. By continuing, you are agreeing to our use of cookies. Remember that death is the ultimate equalizer. G.R. TV-14. 187745. 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 . 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. In their alibis, Joel de Jesus claimed he was driving his passenger tricycle in Fairview, Quezon City the whole day; for SPO2 Cesar Fortuna, he was at Camp Crame (headquarters of the Philippine National Police, PNP) for official business and his presence was also corroborated by two police officials whom he had transacted business with; for Augusto Santos, he was at the Jose Fabella Hospital in Sta. [139] Against positive evidence, alibi becomes most unsatisfactory. Among those present were former Vice President Teofisto Guingona; Arsenio Boy Evangelista, father of carjack victim Venson Evangelista; Dacer-Corbito witness Cezar Mancao and his lawyer Ferdinand Topacio; and members of the Volunteers Against Crime and Corruption (VACC). Sacaguing broke the guidelines in taking affidavits from witnesses. 1. [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. No. Webb had presented the alibi that he was in the United States when the crime was committed, but he was still found guilty by the Paraaque Regional Trial Court. The prosecution did not present him as their witness during the trial. His intention was very, very dubious, he said. Includes gruesome real photos from the crime scene. Police assets are often criminals themselves. But Villaramas opinion was not considered by the SC in their majority decision. I will kill you, brandishing a shiny revolver. 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.