Inconsistencies: In Vizconde case damages credibility, in Abadilla case does not. 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. 3. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. 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. 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. 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. 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. Based on my findings, I defended Hubert in my column and in my radio and TV programs. 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 . The men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. 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. 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). Let the love of God prevail. Besides the horror itself, the suspected perpetrators included high-society figures. [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. 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. [2] Lauro Vizconde, Estrellita's husband and the father of Carmela and Jennifer, was in the United States on business when the murders took place. The other defendants were Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Filart and Artemio Ventura. Only minor cases, like oral defamation and quarrel between neighbors, are handled by the barangay. 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. 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. With your meaningful insights, help shape the stories that can shape the country. 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. [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. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. 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 Birrer said she had accompanied Biong to the Vizconde house to destroy the evidence and to retrieve Webb's jacket and the murder weapon. Alejo confirmed these two (2) as the persons he saw from his guard post walking to and fro before the shooting incident. Yes, but what can I do (?). While the SC rejected Alfaros testimony being not a credible witness, it held Alejo still a credible witness despite the inconsistencies in his testimony. ", 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. Those initially jailed for. [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. Ho Man Tin, Kowloon 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. But I could not work there), Volunteers Against Crime and Corruption chairman. [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. Alejo had been under the Abadillas custody and protection instead of that of the WPP of the government. Vizconde massacre. After the shooting, he could have easily and quickly transferred to Camp Crame between 9:00 and 9:30 in the morning. 5. Acting solely on Alfaros testimony, the Department of Justice (DoJ) filed charges of rape with homicide against the eight accused on August 1995. 4. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. The women were found dead with multiple stab wounds and no witnesses, murder weapons or motive have been uncovered. The prosecution did not present him as their witness during the trial. Call 896 6000. [48] Other witnesses say Webb was in the Philippines at the time of the murders. 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. 1 newspaper in terms of circulation and readership. Copyright 2023. Indeed, the testimony of a single witness, when positive and credible, is sufficient to support a conviction even for murder. Another accused, Joey Filart also fled to the United States. 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. That's all crap! This coincided with his passport and Philippine Immigration records but were dismissed by Tolentino due to belief that these documents can possibly be falsified. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. Villarama noted that the alleged Passport, Passenger Manifest of United Airlines Flight and United Airline ticket of accused Webb offered in evidence were mere photocopies of an alleged original, which were never presented. Jennifer woke up and, seeing Webb violating her sister, jumped on him and bit him. 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. [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. Published July 4, 2011 7:24pm. [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. Movie producers and directors rode the wave of public outcry by creating true-to-life films based on such heinous crimes. While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. 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. [11], Alfaro's testimony was corroborated by other witnesses including: Lolita Birrer, a former live-in partner of policeman Gerardo Biong, who narrated the manner of how Biong investigated and tried to cover up the crime. Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. No. 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). Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. Kung di ninyo ako pinabayaan, 'di ako magkakaganito. (Fuck you all! She did not show up at the NBI as a spontaneous witness (only after four years) bothered by her conscience. 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. 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. "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 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. She also said that Bing was accosting Ging Rodriguez on why he had to stab and kill a young girl. At any rate, Rameses de Jesus admitted that they were using the new car of Lenido Lumanog. [15] The accused alleged that by rejecting 132 of the 142 pieces of evidence, Tolentino had set the tone for their conviction. (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. Estrellita, Carmela and Jennifer Vizconde. 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. We use cookies to ensure you get the best experience on our website. Early Thursday, Lauro Vizconde went to Holy Cross Memorial Park and laid bouquets of roses on the tombs of his wife and daughters. The most significant topic that Ive ever written about and which I personally got involved in was the Vizconde massacre. InAbadilla case: The SC admitted the positive identification of witness Freddie Alejo when it considered him a credible witness. For almost two decades, Filipinos have been mystified by the brutal 1991 killing of a mother and her two daughters. 176864), it became one of the most sensational cases in the Philippines, being described as a "trial of the century". He also claimed to have heard Hubert shout, Putang ina nyo! Hello friends! [54] He was laid to rest at Manila Memorial Park Sucat on February 17. 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,. InAbadilla case: Both the RTC and the CA did not apply this test of credibility of a witness before accepting the testimony of Alejo. He then hurled the little girl to a wall and started stabbing her. [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". The AHRC urges the SC to thoroughly review the pending final appeal of the accused in the Abadilla case. True Crime. 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. But Justice Conchita Carpio Morales, who concurred with the decision, wrote strongly against basing judgement on conjectures: Facts decide cases. This was a case that was solved nine years after the murders and then unsolved 10 years later. They were victims of gory murder; Carmela was raped before she was killed. On August 11, 1999, the Regional Trial Court of Quezon City acquitted two of them and convicted the five others, now collectively known as the Abadilla Five. : Directed by Carlo J. Caparas. 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. Her mother, Estrellita, 47, and sister, Jennifer, 7, were also killed. The prescription period does not matter to me, its just a date, he said. Indeed, her superior testified that she volunteered to play the role of a witness in the Vizconde killings when she could not produce a man she promised to the NBI. 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. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. 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. 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. 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. [22], On October 8, 2010, Webb filed an urgent motion for acquittal. Alfaro testified that as Webb followed Carmela into the dining room, she decided to step outside for a smoke. 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". [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. No. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. Justice Villarama argued that a photocopy of Webbs passport in court to support his alibi and the testimonies of witnesses, mostly his relatives and friends, could not be given merit, by cautioning his fellow justices that it can be gleaned from the fact that passports and plane tickets indicating dates of arrival and departure do not necessarily prove that the very same person actually took the flight and added that indeed, alibi cannot be sustained where it is not only without credible corroboration, but also where it does not, on its face, demonstrate the physical impossibility of the accuseds presence at the place and time of the commission of the crime. He alleged that he could not forget Webb because Biong had allegedly threatened him, Do not cheat him. 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. It strictly laid down these as the least requirement in evaluating the credibility of the claim of positive identification. I stand by my story. 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. 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. 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. 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. Therefore, the applications of the SC on evaluating the defence of alibi of the accused have not been equally applied in these two cases. 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. Still seeking justice for his family's grim fate, Lauro Vizconde exhausts all resources available to him. 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. 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. Alfaro accused Hubert Webb, son of former senator Freddie Webb, as the mastermind of the massacre, along with five other men, all coming from prominent families. Both Webb and del Toro could not describe in court what Hubert's work was, Tolentino said. In the Vizconde case, the SC does not accept conjecture as the basis of its decision. 187745. Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. Police assets are often criminals themselves. The Vizconde massacre made headlines in the Philippines in the '90s and started a trend in filmmaking. Sulu in the eyes of my good friend Princess Jacel Kiram is a potential eco-tourism destination and fruit basket of the country. [46], President Benigno Aquino III ordered the law enforcement agencies to re-investigate the case six months before the prescription period lapses. Suspicions, no matter how strong they are, must never sway judgment. February 26, 2021. . She said that when she entered Hubert's room, she saw him wearing only his pants, awake and smoking in bed. 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. a contribution to Human Rights work, Asian Human Rights Commission 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. He said that he heard Hubert Webb quarreling with another young looking customer. . 1. The case of the Vizconde Massacre took another direction only after four years, when Jessica Alfaro surfaced and became the case's star witness. Executive M/Sgt. 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]. Originally, there were seven accused charged in this case. Lauro Vizconde: "Is there still anyone among you who doubts that there is rampant corruption in our government? Episode on July 5, 2011 Tuesday after Saksi! LYN RILLON. 2. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. This was how Lauro Vizcondes relatives summed it up on Thursday night after a Mass marking the 20th anniversary of the death of his wife Estrellita and daughters Carmela and Jennifer. The lower courts, however, reasoned that "Webb's alibi cannot stand against Alfaro's positive identification of him." December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm 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. 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. [12] On July 24, 1997, the Supreme Court noted that Tolentino erred when she refused to admit the 132 pieces of evidence presented by the defense, although these were later admitted in court through an order issued by Tolentino.[12][16]. Rodolfo Sison, the police investigator originally assigned to the case in 1991. 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. 3. 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. 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. On October 1, 1996, Judge Amelita Tolentino admitted only 10 of the 142 pieces of evidence the defense presented.