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. 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. Alfaro testified that as Webb followed Carmela into the dining room, she decided to step outside for a smoke. 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. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. Pitong, an electrician who since 1982, already knew the Webb family claimed he saw a laundry woman wash a bloodied T-shirt on the morning of the crime. 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. Shades of what happened in the 2004 elections, when a national official was paid a huge sum to run under a political party. vs. People of the Philippines et al., 1997, G.R. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. The prosecutors, the RTC and the CA have been made aware of this fact by the defence. [29], The court said that "among the accused, Webb presented the strongest alibi". Birrer said she had accompanied Biong to the Vizconde house to destroy the evidence and to retrieve Webb's jacket and the murder weapon. 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. She also said that Bing was accosting Ging Rodriguez on why he had to stab and kill a young girl. The tapes were restored by IBM while being monitored by the National Computer Center. 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". 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. [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. . In the Vizconde case, the SC does not accept conjecture as the basis of its decision. Remember when I made the disclosure that someone is pressuring the justices to vote for a reversal? Therefore, the applications of the SC on evaluating the defence of alibi of the accused have not been equally applied in these two cases. We have ruled that accused-appellant may not invoke the acquittal of the other conspirators to merit the reversal of his conviction for murder. She did not show up at the NBI as a spontaneous witness (only after four years) bothered by her conscience. 3. 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. SC slams 'unbelievable' testimony of Vizconde massacre witness. 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. 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. I am not an NBI agent nor an NBI asset. 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. Alfaro had testified that she knew the suspects and was at the Vizconde house when the crime was committed. This is a violation of the duty of state." But Custodio admits this may be easier said than done. 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. A second movie, The Untold Story: Vizconde Massacre II, was released in 1994. Firstly, the SC held Alfaro was not a credible witness. October 1, 1996 Judge Amelita Tolentino of the Paraaque RTC rejected 132 of the defense's 142 pieces of evidence. The High Court put to question the quality of the testamentary evidence furnished by the witnesses. He then hurled the little girl to a wall and started stabbing her. Needless to say, were unpopular with the PNP and other government agencies that citizens transact business with. 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. On June 30, 1991, three Vizconde women Estrellita, 49; her 19-year-old daughter, Carmela and the younger Jennifer, 6 were found dead in their home at BF Homes Village in Paraaque. a contribution to Human Rights work, Asian Human Rights Commission Hell never return to the Philippines, said the Thai tourist whose cash was filched by Manila airport security personnel. 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. Thus, her testimony could not be admitted. 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. 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. [52] On June 14, 2011, Hubert Webb filed a P180,000 compensation claim for "unlawful conviction" for the Vizconde massacre. [49], On January 4, 2011, Justice Secretary Leila de Lima said suspect Joey Filart was spotted in the United States. 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. Besides the horror itself, the suspected perpetrators included high-society figures. 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. No. White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. 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. We use cookies to ensure you get the best experience on our website. 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 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. 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. With your meaningful insights, help shape the stories that can shape the country. Indeed, the testimony of a single witness, when positive and credible, is sufficient to support a conviction even for murder. She took advantage of her familiarity with these details to include in her testimony. No. God would be stupid to borrow Digongs words if He gifts him the vice presidency the second time around. Im still hoping for a miracle to happen. 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. It was based on the rule of the minority and not the majority as they (the SC justices) had enunciated in Fortich v. The Untold Story: Vizconde Massacre II - May the Lord Be with Us! The case of the Vizconde Massacre took another direction only after four years, when Jessica Alfaro surfaced and became the case's star witness. The SC rendered its judgment on the Abadilla case on September 7 and on the Vizconde case on December 14 of this year [2010]. 1. No. (adsbygoogle = window.adsbygoogle || []).push({}); Vizconde said he was optimistic about finding more witnesses.. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. They were victims of gory murder; Carmela was raped before she was killed. She said that when she entered Hubert's room, she saw him wearing only his pants, awake and smoking in bed. The trial began in August 1995 before Paraaque RTC Judge Amelita Tolentino. Fax: +(852) 2698 6367, Copyright 2023 Asian Human Rights Commission. 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. This was a case that was solved nine years after the murders and then unsolved 10 years later. ", Jessica Alfaro: Alfaro's e-mail from abroad read. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. 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. 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." But Villaramas opinion was not considered by the SC in their majority decision. A lying witness can make as positive an identification as a truthful witness can. It is said that being elected president is a gift from God. Envy aliens who can avoid PH; pity Pinoys who are stuck here. I stood my ground because I had all the facts in my hand. 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". [47], On December 28, 2010, new witnesses have come forward accusing Hubert Webb and others of allegedly being behind the Vizconde massacre. Alejo had been under the Abadillas custody and protection instead of that of the WPP of the government. 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. (1994) Details Release date June 24, 1993 (Philippines) Country of origin Philippines Languages English Filipino Tagalog Filming locations vs. Raul de Leon et. Remember that death is the ultimate equalizer. But in the Abadilla case, the relatives and friends are not an impartial witness to corroborate the defence of alibi of the accused. 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. The other defendants were Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Filart and Artemio Ventura. With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. But the grieving father couldn't distinguish the truth from the lies. [55], On June 28, 2011, Justice Secretary Leila De Lima said Hubert Webb was in the Philippines when the murders took place. I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. 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. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. 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. She was the prosecutions worst possible choice for a witness. References: 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,. You are just a few clicks away from making It is that simple. Webbs co-accused, Antonio Lejano, is a son of a known singer and celebrity. 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. 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. No. He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. The men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. 176864), it became one of the most sensational cases in the Philippines, being described as a "trial of the century". 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. 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. 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. al, 1995, G.R. The court rejected his testimony because he was a disgruntled witness. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. Webbs son, Hubert Jeffrey, is also the brother of a television host, Pinky, in one of the largest television networks in the country. The term dirty politics is appropriate for that kind of set-up. Vizconde should go after the national government. 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. [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. No. [12] (Under Philippine law, generally, alibi is the weakest defense, especially where there is direct testimony of an eyewitness, duly corroborated by another. [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]. Sacaguing broke the guidelines in taking affidavits from witnesses. 121234 Hubert Webb et al. [22], On October 8, 2010, Webb filed an urgent motion for acquittal. 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. De Lima also said seven new witnesses claimed they saw Webb in the country during the months of April, May and June 1991. 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. No. Be consoled that the truth will always come out, Hernandez advised Vizconde. 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. By her account, after a drug session with the group, Webb allegedly had hatched his plan to rape Carmela Vizconde. On June 30, 1991, Estrellita Vizconde and her two daughters: Carmela and Jennifer, were found lifeless inside their home in Paraaque. Since I was introduced to The STAR readers in the front page, Ill hit the ground running. Forensic evidence: In Vizconde case it cannot lie, in Abadilla case it is inconclusive. 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. Don't miss out on the latest news and information. 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. [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. He was sentenced to eleven years in prison. She observed Hubert was quite irritated, uneasy, and walked to and fro inside his room. The jurisprudence mentioned above that the SC invoked has not been equally applied. [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. The Vizconde murders remained unsolved for almost four years, until 1995 when eyewitness Jessica Alfaro, a self-confessed drug addict, came forward on April 28, 1995, to shed light on the massacre. Kaya laban lang tayo. Two of the accused have also been acquitted by the RTC on the basis of their defence of alibis. 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. The CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. That's all crap! Lauro Vizconde the husband of Estrellita and father of Carmela and Jennifer, was in the United State on business when the murders took place. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. Suspicions, no matter how strong they are, must never sway judgment. April 28, 1995 Jessica Alfaro presents herself as a witness and accuses Hubert Webb. Estrellita, Carmela and Jennifer Vizconde. 176864. 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. Originally, there were seven accused charged in this case. 187745. 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. Their original conviction was capital punishment but their sentence was modified to life imprisonment when the death penalty was abolished. Webb was the prime suspect of the infamous homicide that occurred on June 30, 1991. But feeling uneasy, she decided to go up to the stockroom near Hubert's room to see what he was doing. (P.S. [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. There was entry of (former senator) Freddie Webb leaving the country in March 1991 but no Hubert Webb, De Lima said. [2] Two of the accused remain fugitives from the law: Joey Filart and Artemio Ventura. It strictly laid down these as the least requirement in evaluating the credibility of the claim of positive identification. Eleazar, a strict disciplinarian, is probably the only PNP chief who is loved and respected by the citizenry.
Scott Robertson Obituary, Ole Miss Cheer Roster 2018 2019, Articles T