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. The court considered the accused's "lack of interest in having such test done" in which they concluded that the state "cannot be deemed put on reasonable notice that it would be required to produce the semen specimen at some future time".[29]. 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. 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. 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. Sources from the Department of Justice said Webb, who was acquitted by the Supreme Court last December, 2010, was in the country during and after the crime happened in . 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. 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. She said the same MRT provided data that several Webbs arrived in the country, including Hubert, sometime in October 1992. Welcome to my maiden column in TheSTAR, now the countrys No. 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. So, some sectors are calling for Eleazars extension until after the May 2022 elections. He was sentenced to eleven years in prison. 'Ms. 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. She took advantage of her familiarity with these details to include in her testimony. 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. 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. I stood my ground because I had all the facts in my hand. Aug 5, 2008. For almost two decades, Filipinos have been mystified by the brutal 1991 killing of a mother and her two daughters. The Supreme Court acquitted them on Dec. 14, 2010. It held that the acquittal of their co-accused does not necessarily benefit the appellants. 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. After reading about how responsive Secretary Benhur Abalos is to matters raised by the media, some members of the PNP, particularly in the province of Iloilo, have shared through channels about their operational Local producers wont like it, but it looks like in the near future, there will be a flood of imported agricultural commodities. Like Herbas, court records had also shown that Alejo has been receiving money and free accommodation from the Abadillas. A lying witness can make as positive an identification as a truthful witness can. It was Alejo who had positively identified Joel and Lorenzo (delos Santos) during a police line-up. Of the 15 Justices, 7 voted for acquittal while four dissented and four Justices, including Carpio, did not participate.[27][28]. Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. 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. 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. Originally, there were seven accused charged in this case. He also claimed to have heard Hubert shout, Putang ina nyo! [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. It is said that being elected president is a gift from God. [29], The court said that "among the accused, Webb presented the strongest alibi". [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. 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. By her account, after a drug session with the group, Webb allegedly had hatched his plan to rape Carmela Vizconde. The Untold Story: Vizconde Massacre II - May the Lord Be with Us! (1994) Details Release date June 24, 1993 (Philippines) Country of origin Philippines Languages English Filipino Tagalog Filming locations 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. True Crime. Conjectures and suspicions are not facts, hence, they have no evidentiary value. [2][20], The court ruled that the Paraaque RTC was correct in sentencing Webb et al. 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. Still seeking justice for his family's grim fate, Lauro Vizconde exhausts all resources available to him. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. The story of the Vizconde Massacre wasn't just a single story; it varied as told by a number of witnesses. 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. To find out more, please click this link. 16:53. 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. The court rejected his testimony because he was a disgruntled witness. 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. [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. I will continue to play that role as long as I live. She observed Hubert was quite irritated, uneasy, and walked to and fro inside his room. [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". [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. LYN RILLON. Jennifer Diaz, chief of the women and childrens desk, told Allan to file the complaint with the barangay where they reside. 150 likes. No acquittal has been made as to the two accused, Filart and Ventura, who remain at-large. Pray to them. Don't miss out on the latest news and information. April 28, 1995 Jessica Alfaro presents herself as a witness and accuses Hubert Webb. I expected this decision because since the start, I knew that Jessica Alfaro was not entirely telling the truth. My program is the originalsumbungan ng bayan sa radyo(roughly, citizens complaint center on radio). The other accused were Artemio Dong Ventura, Michael A. Gatchalian, Hospicio Pyke Fernandez, Peter Estrada, Miguel Ging Rodriguez, and Joey Filart. 1 newspaper in terms of circulation and readership. The case was featured on a Philippine TV show Case Unclosed as its ninth episode, "Vizconde Massacre Case. Alfaro implicated the children of wealthy and prominent families, including Hubert Webb, Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Vffrillaret and Artemio Ventura. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. One of the important pieces of evidence, which I presented to the court later, was the copy of an invoice issued to Hubert Webb on coincidence of coincidences! Yes, but what can I do (?). The other defendants were Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Filart and Artemio Ventura. 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. 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,. ), 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. [52] On June 14, 2011, Hubert Webb filed a P180,000 compensation claim for "unlawful conviction" for the Vizconde massacre. This was a case that was solved nine years after the murders and then unsolved 10 years later. 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. [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 CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. [29], The court also held that the testimony of the Webb's maid, Mila Gaviola, was also unreliable since she was not able to distinguish if it was Hubert whom she saw on June 30, 1991, nor "did she remember any of the details that happened in the household on the other days". She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. [56] According to De Lima, all the new witnesses passed the polygraph test. [18], In her decision, Tolentino described the testimony of defense witnesses as full of inconsistencies and biased. 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. Kaya laban lang tayo. : Directed by Carlo J. Caparas. 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. Webbs son, Hubert Jeffrey, is also the brother of a television host, Pinky, in one of the largest television networks in the country. I stand by my story. Secondly, Alfaros quality as a witness and her inconsistent, if not inherently unbelievable, testimony cannot be the positive identification that jurisprudence acknowledges as sufficient. 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. Connections Followed by The Untold Story: Vizconde Massacre II - May the Lord Be with Us! Tel: +(852) 2698 6339 All rights are reserved. 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." Night of June 2930, 1991 Estrellita, Carmela and Jennifer Vizconde were killed in their Paraaque home; Carmela was found to have been raped. 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. 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 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." Biong was released from jail on November 30, 2010, after serving his sentence. "I doubt that at this time, physical evidence will be available because a lapse of time has taken place, but that's the only way we can find the true killers." Run after Alfaro Even if we were denied justice, I consoled them that at least people already know what really happened, he said. The Vizconde Massacre. By continuing, you are agreeing to our use of cookies. Episode on July 5, 2011 Tuesday after Saksi! Vizconde should go after the national 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. 176864 People of the Philippines vs. Hubert Webb, et. 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. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. She had been hanging around that agency for sometime as a stool pigeon, one paid for mixing up with criminals and squealing on them. The AHRC is deeply concerned by the contradiction in the application of jurisprudence by the SC in these cases, particularly its ruling on positive identification, the credibility of witness and its appreciation of forensic evidence. :Isumbongwill make a comeback on PTV-4 on June 12, 2021. Reporters jostled with Vizcondes relatives and friends in his garage, where Fr. The SC required this test as necessary before a testimony of positive identification could be accepted as credible and with merit. Estrellita, Carmela and Jennifer Vizconde. Those initially jailed for. Envy aliens who can avoid PH; pity Pinoys who are stuck here. I will be conferring with my lawyers about my future moves.. "[29], The court maintained that for a person to be convicted there should not be "a reasonable, lingering doubt as to his guilt." 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. Nos. Cruz, Manila accompanying his brother-in-law, Jonas Padel Ayhon, whose wife had just given birth; and Rameses de Jesus and Lenido Lumanog had just left Manila for Mabalacat, Pampanga where they stayed until the evening of June 14. 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. 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. A second movie, The Untold Story: Vizconde Massacre II, was released in 1994. Movie producers and directors rode the wave of public outcry by creating true-to-life films based on such heinous crimes. 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." [9] They were acquitted by a trial judge in September 1993 for insufficient evidence.[9]. [60] Mario, a hair stylist during the period June 1991, testified that Webb, along with Tony Boy Lejano and Dong Ventura had their haircut. It was hard to tell which made up the truth and the lies. 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. 176864), it became one of the most sensational cases in the Philippines, being described as a "trial of the century". [12] (Under Philippine law, generally, alibi is the weakest defense, especially where there is direct testimony of an eyewitness, duly corroborated by another. 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. 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. Let the love of God prevail. 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. Be consoled that the truth will always come out, Hernandez advised Vizconde. Asuncion, 27, was a constant playmate of Jennifer Vizconde, who was 7 years old when she was killed. It cannot be coached or allured by a promise of reward or financial support. 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. "[21], In April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. The court also said that it was "possible for Alfaro to lie" on the details of the case. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. 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