February 26, 2021. . So how can such accused penetrate a mind that has been made cynical by the rule drilled into his head that a defense of alibi is a hangmans noose in the face of a witness positively swearing. Methinks one year would give Eleazar ample time impose his brand of discipline on one of the most undisciplined police forces in the world. In rejecting the defence of the accused, the SC also affirmed the conjecture the CA had put forward as to the possibility that the accused could have been present or somewhere at the vicinity where the crime took place, as mentioned below: On Joel de Jesus, it was not impossible for him to have gone also Katipunan Avenue (from Quezon City where he was driving), which is also part of Quezon City, not to mention the fact that with his tricycle, he could have easily moved from one place to another; On Rameses de Jesus and Lenido Lumanog, their claims lack credence as they are unsupported by the testimonies of independent witnesses. 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. The Truth about Mendiola Massacre - Philippine True Crime Stories | Martin Rules. 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. Movie producers and directors rode the wave of public outcry by creating true-to-life films based on such heinous crimes. Police assets are often criminals themselves. Fax: +(852) 2698 6367, Copyright 2023 Asian Human Rights Commission. Alejo had been under the Abadillas custody and protection instead of that of the WPP of the government. The DoJ also placed Alfaro under the Witness Protection Program (WPP) during the trial period. 5. 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. starring Kris Aquino as Carmela Vizconde. But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. It is time to heal the past. The passing away of Lauro Vizconde a few days ago does not close the sad chapter on the tragedy known as the Vizconde massacre. Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. Envy aliens who can avoid PH; pity Pinoys who are stuck here. Birrer said she had accompanied Biong to the Vizconde house to destroy the evidence and to retrieve Webb's jacket and the murder weapon. References: Still seeking justice for his family's grim fate, Lauro Vizconde exhausts all resources available to him. In rejecting questions to Alejos credibility, the SC affirmed the CAs ruling that the credible testimony of a lone witness(es) assumes more weight when there is no showing that he was actuated by improper motive to testify falsely against the accused, as in the case of Freddie Alejo. Of the 15 Justices, 7 voted for acquittal while four dissented and four Justices, including Carpio, did not participate.[27][28]. 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." (P.S. 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 . 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. But feeling uneasy, she decided to go up to the stockroom near Hubert's room to see what he was doing. The High Court put to question the quality of the testamentary evidence furnished by the witnesses. She said that when she entered Hubert's room, she saw him wearing only his pants, awake and smoking in bed. The tapes were restored by IBM while being monitored by the National Computer Center. Please try again. [citation needed] (The Philippine Rules of Evidence require official attestation of the authenticity of any public document presented in evidence; as per Sec. Let the love of God prevail. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. 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. 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. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. TV-14. 4. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. [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. 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. 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. 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. She said the same MRT provided data that several Webbs arrived in the country, including Hubert, sometime in October 1992. LYN RILLON. The NBI is a special investigating body attached to the DoJ. 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. Theyre projecting Digong as a feeble old man still seeking power. 127262 Hubert Webb, et al. Connections Followed by The Untold Story: Vizconde Massacre II - May the Lord Be with Us! 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. InVizconde case: The majority of the justices strongly argued against relying on conjectures on deciding the case, particularly on the claim that Hubert Jeffrey could have been in the Philippines, and not in the U.S., when the crime happened. Vizconde should go after the national government. He and six others spent 15 years in jail. Night of June 2930, 1991 Estrellita, Carmela and Jennifer Vizconde were killed in their Paraaque home; Carmela was found to have been raped. After the Mass, VACC founding chair Dante Jimenez urged Congress to initiate impeachment proceedings against the seven Supreme Court justices who either voted to acquit Webb and coaccused or abstained from voting last December. The SC required this test as necessary before a testimony of positive identification could be accepted as credible and with merit. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. It took the trial and appeal process in this case fifteen years. X' key to real perpetrators of Vizconde murders? By her account, after a drug session with the group, Webb allegedly had hatched his plan to rape Carmela Vizconde. Francisco Kit Hernandez celebrated Mass. 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. The presumption leaned on is disputable and can be overcome by evidence to the contrary. Both Webb and del Toro could not describe in court what Hubert's work was, Tolentino said. 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 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. Alibi cannot prevail over the positive identification of a credible witness [140].. 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. 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. "[21], In April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. [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. She also said that Bing was accosting Ging Rodriguez on why he had to stab and kill a young girl. 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. Even if we were denied justice, I consoled them that at least people already know what really happened, he said. 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. I stood my ground because I had all the facts in my hand. The men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. [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. 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. Don't miss out on the latest news and information. All rights are reserved. While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. It strictly laid down these as the least requirement in evaluating the credibility of the claim of positive identification. As already mentioned, the SC concluded Alfaro to be not a credible witness because she did not meet these two criteria. Corona." Abadilla Case Decision from the Court of Appeals:http://campaigns.ahrchk.net/abadilla5/docs/A5-CAdecision.pdf. Remember that death is the ultimate equalizer. 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.Estrellita Vizconde, 49, suffered thirteen stab wounds; Maria Carmela Vizconde, 19, suffered seventeen stab wounds and had been raped before she was killed . By continuing, you are agreeing to our use of cookies. 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. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. No. 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. Reporters jostled with Vizcondes relatives and friends in his garage, where Fr. No. On the contrary, it reopens it. Make a difference. No. [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. 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. The politician would only be allowed by the spouse to run if the party that this politician will join can come up with a big amount for their family. Their original conviction was capital punishment but their sentence was modified to life imprisonment when the death penalty was abolished. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. 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. G.R. Alfaro said that when she went back to the house, she saw the bodies of Estrellita and Jennifer on the bed and Webb raping Carmela on the floor. 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. It was based on the rule of the minority and not the majority as they (the SC justices) had enunciated in Fortich v. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. 2. vs. People of the Philippines et al., 1997, G.R. Asuncion, 27, was a constant playmate of Jennifer Vizconde, who was 7 years old when she was killed. [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. When she could not produce the person, Sacaguing continued to press her saying that she might as well assume the role of her informant.. Hopefully, if they will surface, public pressure will snowball and I will finally get the justice I am looking for, he said. 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. He was sentenced to eleven years in prison. The remains of his wife and daughters were also exhumed from their grave at Holy Cross Memorial Park in Quezon City and transferred to his grave. 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. Herbas and Alejo worked for the Abadillas as security guards. Yes, but what can I do (?). [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. The Untold Story: Vizconde Massacre II - May the Lord Be with Us! [9] They were acquitted by a trial judge in September 1993 for insufficient evidence.[9]. 176864. Vizconde Massacre: The hidden Truth. (Update 6:47 p.m.) The Supreme Court (SC) has cast doubts on the credibility of Jessica Alfaro, the so-called star witness in the gruesome killings of three members of the Vizconde family almost two decades ago. After the shooting, he could have easily and quickly transferred to Camp Crame between 9:00 and 9:30 in the morning. I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. Estrellita, Carmela and Jennifer Vizconde. 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. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. Many of the stories in my columns in previous newspapers were complaints from citizens. On June 30, 1991, Estrellita Vizconde and her two daughters: Carmela and Jennifer, were found lifeless inside their home in Paraaque. 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. Suspicions, no matter how strong they are, must never sway judgment. [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". [2] Tolentino said the certificates issued by the US Immigration and Naturalization Service and the Philippine Bureau of Immigration "could have easily been obtained by the powerful Webb family". 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. She had been hanging around that agency for sometime as a stool pigeon, one paid for mixing up with criminals and squealing on them. For example, I was the first one to report the shooting of 16-year-old Maureen Hultman and her boyfriend by the son of former chief justice Claudio Teehankee in 1991 in my column at theInquirer, because the girls stepfather, Anders, a Swede, came to myIsumbongoffice at Radyo Veritas. Alfaro had testified that she knew the suspects and was at the Vizconde house when the crime was committed. She observed Hubert was quite irritated, uneasy, and walked to and fro inside his room. : Directed by Carlo J. Caparas. 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). The case was featured on a Philippine TV show Case Unclosed as its ninth episode, "Vizconde Massacre Case. 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. 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. But Justice Conchita Carpio Morales, who concurred with the decision, wrote strongly against basing judgement on conjectures: Facts decide cases. It cannot be coached or allured by a promise of reward or financial support. It is that simple. 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. The trial began in August 1995 before Paraaque RTC Judge Amelita Tolentino. I would not have ended up like this if you had not neglected me). Apart from Alejo, earlier there was another witness, Merlito Herbas. al., 2010, https://en.wikipedia.org/w/index.php?title=Vizconde_murders&oldid=1138122178, Loss of DNA evidence not a ground for outright acquittal. At any rate, Rameses de Jesus admitted that they were using the new car of Lenido Lumanog. 176864), it became one of the most sensational cases in the Philippines, being described as a "trial of the century". 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. SC slams 'unbelievable' testimony of Vizconde massacre witness. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. God would be stupid to borrow Digongs words if He gifts him the vice presidency the second time around. It would be a serious miscarriage of justice and a demonstration of inequality before the law should jurisprudence not be applied equally. 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. Indeed, the testimony of a single witness, when positive and credible, is sufficient to support a conviction even for murder. No. 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. Two of the accused have also been acquitted by the RTC on the basis of their defence of alibis. The 3 sets of suspects are: the Barroso Akyat-Bahay gang; the group of construction workers with engineer Danilo Agwas tagged as mastermind; SPO3 Angel Viaje, PO3 Rodolfo Colado, Ruben Pineda; and, the group of Hubert Webb. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. No. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. 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. 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. 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. After she finished the laundry, she went to the servant's quarters. . People vs. Bello, G.R. The term dirty politics is appropriate for that kind of set-up. On April 28, 1995, National Bureau of Investigations asset and self-confessed drug user Jessica Alfaro came forward to police authorities to shed light on the killing of the Vizconde family. 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. 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. 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. Sign up now! 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. From there she allegedly saw Lejano and Ventura take a knife from the kitchen drawer, while the rest of the gang acted as lookouts. The public and the media continue to watch as the years go by . 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. 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". 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. But in the Abadilla case, not only did the SC affird the CAs ruling in rejecting the defence of alibi, it did not also question the CAs formulation of conjectures on which it based its judgement. 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. December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm This was a case that was solved nine years after the murders and then unsolved 10 years later. Sacaguing broke the guidelines in taking affidavits from witnesses.
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