They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. 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. 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. 2. This coincided with his passport and Philippine Immigration records but were dismissed by Tolentino due to belief that these documents can possibly be falsified. 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. 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. [53], Lauro Vizconde, family patriarch and the founding president of the Volunteers Against Crime and Corruption, died on February 13, 2016, at the age of 77. He also claimed to have heard Hubert shout, Putang ina nyo! Hello friends! 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. Envy aliens who can avoid PH; pity Pinoys who are stuck here. 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. [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. However, the court pointed out that while Webb or his parents may be able to "arrange for the local immigration to put a March 9, 1991 departure stamp on his passport and an October 27, 1992 arrival stamp", they could not fix a foreign airlines passenger manifest, and the U.S. Immigration's record system. May I invite you to watch?). Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. Even if we were denied justice, I consoled them that at least people already know what really happened, he said. 150 likes. This column will tackle various topics on the days it will come out: Tuesday, Thursday and Saturday. A lying witness can make as positive an identification as a truthful witness can. Secondly, Alfaros quality as a witness and her inconsistent, if not inherently unbelievable, testimony cannot be the positive identification that jurisprudence acknowledges as sufficient. The tapes were restored by IBM while being monitored by the National Computer Center. vs. People of the Philippines et al., 1997, G.R. She said the same MRT provided data that several Webbs arrived in the country, including Hubert, sometime in October 1992. The people urging President Rodrigo Digong Duterte to run for vice president in the 2022 elections are making fun of him. 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. By her account, after a drug session with the group, Webb allegedly had hatched his plan to rape Carmela Vizconde. The NBI is the agency responsible in providing security and protection of witnesses admitted under WPP. Six months is not enough for him to clean up the Aegean stable that is the PNP. Indeed, the testimony of a single witness, when positive and credible, is sufficient to support a conviction even for murder. We have ruled that accused-appellant may not invoke the acquittal of the other conspirators to merit the reversal of his conviction for murder. 121234 Hubert Webb et al. I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. 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. Pray to them. But feeling uneasy, she decided to go up to the stockroom near Hubert's room to see what he was doing. Tolentino also said, the photographs and videotapes purportedly showing Webb in the United States appeared to be tampered. 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. 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. Similar to the accused in the Vizconde case, all the accused in the Abadilla case invoked their defence of alibi. On October 1, 1996, Judge Amelita Tolentino admitted only 10 of the 142 pieces of evidence the defense presented. 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. We use cookies to ensure you get the best experience on our website. The prosecutors, the RTC and the CA have been made aware of this fact by the defence. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. Former Paraaque policeman Gerardo Biong was found guilty as an accessory for burning bedsheets and tampering with other evidence in the crime. Your subscription could not be saved. The trial began in August 1995 before Paraaque RTC Judge Amelita Tolentino. The NBI is a special investigating body attached to the DoJ. 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. Jennifer Diaz, chief of the women and childrens desk, told Allan to file the complaint with the barangay where they reside. 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. Abadilla Case Decision from the Court of Appeals:http://campaigns.ahrchk.net/abadilla5/docs/A5-CAdecision.pdf. Im still hoping for a miracle to happen. 185123/G.R. Sacaguing broke the guidelines in taking affidavits from witnesses. She also testified that Biong received money at a house that she later learned belonged to then Paraaque Congressman Freddie Webb; the Webb family's maids, Mila Gaviola and Nerissa Rosales, who both testified that Hubert Webb was at home on June 30, 1991. No. Kaya laban lang tayo. The other accused were Artemio Dong Ventura, Michael A. Gatchalian, Hospicio Pyke Fernandez, Peter Estrada, Miguel Ging Rodriguez, and Joey Filart. Forensic evidence: In Vizconde case it cannot lie, in Abadilla case it is inconclusive. Based on my findings, I defended Hubert in my column and in my radio and TV programs. On the contrary, it reopens it. The filming location took place in the actual home of the Vizconde's where the massacre took place on June 30, 1991. Early Thursday, Lauro Vizconde went to Holy Cross Memorial Park and laid bouquets of roses on the tombs of his wife and daughters. 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. 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). Vizconde Massacre Case - Pinoy Stories 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." 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. Make a difference. September 7, 2010http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm 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. [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. I will continue to play that role as long as I live. The Vizconde murders remained unsolved for almost four years, until eyewitness Jessica Alfaro, a self-confessed former drug addict, came forward on April 28, 1995, to shed light on the massacre. Another accused, Joey Filart also fled to the United States. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. Lejano and Ventura also took turns raping Carmela, before finishing her off with numerous stabs. 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. 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. Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. 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. Appendix: Case analysis: Supreme Court's rulings on Vizconde and Alfaro testified that as Webb followed Carmela into the dining room, she decided to step outside for a smoke. He was sentenced to eleven years in prison. Hubert and his co-accused were convicted by the Paraaque Regional Trial Court for the crime on June 6, 2000. Choose Gods endless kind of love., Hernandez also reminded Vizconde that he now had three saints in Heaven.. Lauro Vizconde the husband of Estrellita and father of Carmela and Jennifer, was in the United State on business when the murders took place. 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 did not know nor met any of them. Let the love of God prevail. The Vizconde massacre - my defining moment | Philstar.com "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. 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. 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. 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. 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. 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. 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. Violent Vizconde Massacre | Crimes That Shocked Asia - YouTube Remember when I made the disclosure that someone is pressuring the justices to vote for a reversal? [17], On January 6, 2000, Judge Tolentino rendered her decision, finding Hubert Webb, Peter Estrada, Hospicio Fernandez, Michael Gatchalian, Antonio Lejano II and Miguel Rodriguez guilty beyond reasonable doubt of the crime of rape with homicide. 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). By continuing, you are agreeing to our use of cookies. Fax: +(852) 2698 6367, Copyright 2023 Asian Human Rights Commission. 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. With your meaningful insights, help shape the stories that can shape the country. 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! You are just a few clicks away from making They were victims of gory murder; Carmela was raped before she was killed. Thus, it was not surprising for Alfaro to testify with great details in court. [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". 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. Copyright 2023. [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. I stood my ground because I had all the facts in my hand. Visconde Masscre - Weebly I expected this decision because since the start, I knew that Jessica Alfaro was not entirely telling the truth. But Justice Conchita Carpio Morales, who concurred with the decision, wrote strongly against basing judgement on conjectures: Facts decide cases. [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. Still seeking justice for his family's grim fate, Lauro Vizconde exhausts all resources available to him. Herbas and Alejo worked for the Abadillas as security guards. The court said that Alfaro was not a credible witness and that her "story of what she personally saw must be believable, not inherently contrived". [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. Lauro Vizconde: "Is there still anyone among you who doubts that there is rampant corruption in our government? 1 newspaper in terms of circulation and readership. Equal protection of the law is fundamental in the countrys Constitution. Don't miss out on the latest news and information. 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. This is one of the most controversial and widely publicised massacre cases because of the involvement of the son of a former Philippine . 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. 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. 176864. 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. The term dirty politics is appropriate for that kind of set-up. [6], Alfaro's testimony coincided with the angle that was being explored by Supt. It cannot be coached or allured by a promise of reward or financial support. The jurisprudence mentioned above that the SC invoked has not been equally applied. [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. The public and the media continue to watch as the years go by . No. His intention was very, very dubious, he said. Vizconde murders - Wikipedia LYN RILLON. He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. 16:53. 3. In the Vizconde case, the SC does not accept conjecture as the basis of its decision. The SC acquitted all the accused, reversing and dismissing the guilty verdict of the RTC and the CA. 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. InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. [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". It would be a serious miscarriage of justice and a demonstration of inequality before the law should jurisprudence not be applied equally. She had been hanging around that agency for sometime as a stool pigeon, one paid for mixing up with criminals and squealing on them. It was hard to tell which made up the truth and the lies. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. [47], On December 28, 2010, new witnesses have come forward accusing Hubert Webb and others of allegedly being behind the Vizconde massacre. Those initially jailed for. 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. By providing an email address. [52] On June 14, 2011, Hubert Webb filed a P180,000 compensation claim for "unlawful conviction" for the Vizconde massacre. Many of the stories in my columns in previous newspapers were complaints from citizens. G/F, 52 Princess Margaret Road [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. 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. Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. SC acquits Hubert Webb, 6 others in Vizconde massacre VIZCONDE MASSACRE: After 20 Years | GMA News Online There was entry of (former senator) Freddie Webb leaving the country in March 1991 but no Hubert Webb, De Lima said. For almost two decades, Filipinos have been mystified by the brutal 1991 killing of a mother and her two daughters. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. New Vizconde massacre witness found | Inquirer News White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. 2. But Villaramas opinion was not considered by the SC in their majority decision. 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. Hubert Webb of Vizconde Massacre Freed- Breaking News - theAsianparent The Vizconde massacre: Justice not served - BusinessMirror I went to the US to check on senator Webbs allegations I paid for my fare and accommodation, by the way and found that, indeed, Hubert was there when the Vizconde women were being butchered at their home in Paraaque. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. Vizconde Massacre: The hidden Truth. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. References: No. True Crime. "[21], In April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. On June 30, 1991, Estrellita Vizconde and her two daughters: Carmela and Jennifer, were found lifeless inside their home in Paraaque. The details of how they were killed were grim. The High Court put to question the quality of the testamentary evidence furnished by the witnesses. He alleged that Webb bought illegal drugs from him on two other occasions in May 1991. 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. Jennifer woke up and, seeing Webb violating her sister, jumped on him and bit him. He and six others spent 15 years in jail. [citation needed] (The Philippine Rules of Evidence require official attestation of the authenticity of any public document presented in evidence; as per Sec. G.R. Reporters jostled with Vizcondes relatives and friends in his garage, where Fr. I also updated them on the new twist in the investigation. Their claims were corroborated by witnesses who are disinterested parties, their relatives and friends and documentary evidence. Manila Times Special Report on the Vizconde Case, G.R. 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,. As a result, the court reverses the decision of the Court of Appeals, and acquits Webb, et al. [60] Mario, a hair stylist during the period June 1991, testified that Webb, along with Tony Boy Lejano and Dong Ventura had their haircut. [46], President Benigno Aquino III ordered the law enforcement agencies to re-investigate the case six months before the prescription period lapses. 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. 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. a contribution to Human Rights work, Asian Human Rights Commission Francisco Kit Hernandez celebrated Mass. April 28, 1995 Jessica Alfaro presents herself as a witness and accuses Hubert Webb. A second movie, The Untold Story: Vizconde Massacre II, was released in 1994. The Visconde Massacre Case - Filipino Journal Asuncion, 27, was a constant playmate of Jennifer Vizconde, who was 7 years old when she was killed. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. 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. June 30, 1991 for a bicycle he bought from a store in Orange County, Los Angeles, California. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. 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." Remember that death is the ultimate equalizer. The trial of the case having been long concluded, the requirements of the law may have been satisfied, but not the demands of justice. 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. Acting solely on Alfaros testimony, the Department of Justice (DoJ) filed charges of rape with homicide against the eight accused on August 1995. [2][20], The court ruled that the Paraaque RTC was correct in sentencing Webb et al. Hong Kong She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. They were sentenced to reclusion perpetua and ordered to indemnify the Vizconde family Php 3 million for the murders. Webb was among the nine people convicted by Paranaque Regional Trial Court Branch 274 Presiding Judge Amelita Tolentino in January 2000 for the killings. Her mother, Estrellita, 47, and sister, Jennifer, 7, were also killed. Philstar Global Corp. All Rights Reserved. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. No. 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. With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. 4. Nine years later, still no clarity on EDCA sites. 124871, May 13, 2004. She said that when she entered Hubert's room, she saw him wearing only his pants, awake and smoking in bed. But the grieving father couldn't distinguish the truth from the lies. 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. The 47-year-old Estrellita had 13 stab wounds. 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. All of these had been applied in acquitting the accused in the Vizconde case, which is contradictory to its earlier decision affirming the conviction of the Abadilla Five. 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.