White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. [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. X' key to real perpetrators of Vizconde murders? Like Herbas, court records had also shown that Alejo has been receiving money and free accommodation from the Abadillas. 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. Therefore, the applications of the SC on evaluating the defence of alibi of the accused have not been equally applied in these two cases. Conjectures and suspicions are not facts, hence, they have no evidentiary value. Both Webb and del Toro could not describe in court what Hubert's work was, Tolentino said. Person of interest in hazing case of Adamson student found dead, Jeepney phaseout: Its more than just new vehicles, Sandiganbayan convicts ex-Pagcor chair Genuino of graft, House energy committee chair Arroyo bats for cheap electricity, LIVE UPDATES: Face-to-face classes, work suspended as transport strike looms, vivo announces PHP 1,000 price drop on vivo V25e, Kickstart summer with vivos hot smartphone deals this 3.3, Over 24,000 hectares of coral reef at risk following Mindoro oil spill, Frat members planned to burn Adamson hazing victims body police | INQToday, Joey de Leon laughs off Eat Bulaga rebranding rumors; Tito Sotto meets up with show producer Tony Tuviera, LIST: LGUs, schools suspend face-to-face classes, work as transport strike looms, NBA: Devin Booker, Suns cruise past Bulls in second half. 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. They were sentenced to reclusion perpetua and ordered to indemnify the Vizconde family Php 3 million for the murders. It held that a positive declaration from a witness that he saw the accused commit the crime should not automatically cancel out the accuseds claim that he did not do it. [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. He was sentenced to eleven years in prison. The other accused were Artemio Dong Ventura, Michael A. Gatchalian, Hospicio Pyke Fernandez, Peter Estrada, Miguel Ging Rodriguez, and Joey Filart. People vs. Bello, G.R. It held that the acquittal of their co-accused does not necessarily benefit the appellants. It took the trial and appeal process in this case fifteen years. But her parents did not allow her to go. Therefore, the SCs rejection of Villamaras opinion demonstrates a fundamental contradiction to its September 7 decision on the Abadilla case. But in the Abadilla case, the relatives and friends are not an impartial witness to corroborate the defence of alibi of the accused. April 28, 1995 Jessica Alfaro presents herself as a witness and accuses Hubert Webb. He said that he heard Hubert Webb quarreling with another young looking customer. No. The court noted the inconsistency between Alfaro's testimony of Webb being Carmela's boyfriend, who had no reason in breaking the glass panel of the house's front door to enter the house; Alfaro said that Webb "picked up some stone and, out of the blue, hurled it at the glass-paneled front door". The readers will notice soon enough the brevity of each topic. Thus, it was not surprising for Alfaro to testify with great details in court. It is time to heal the past. 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. Thus, her testimony could not be admitted. The RTC, however, acquitted Delos Santos despite being positively identified also by Alejo as one of those who was present at the crime scene. 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 unconstitutionality of prior restraint. 5. I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. He also claimed to have heard Hubert shout, Putang ina nyo! 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. In the Vizconde case, the SC does not accept conjecture as the basis of its decision. [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. Hubert argued that the specimen could exonerate him from the charge and support his defence that he did not rape the victim. 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. [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". 3. 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." The court also said that it was "possible for Alfaro to lie" on the details of the case. [15] The accused alleged that by rejecting 132 of the 142 pieces of evidence, Tolentino had set the tone for their conviction. 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 Vizconde massacre has been dubbed as the trial of the century as the accused hailed from prominent families of the Philippines. The Vizconde Massacre. 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. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. [49], On January 4, 2011, Justice Secretary Leila de Lima said suspect Joey Filart was spotted in the United States. ), Moreover, Judge Tolentino also denied Webb's request to subject semen samples to DNA testing on the belief that the samples may no longer be intact. [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. 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. He and six others spent 15 years in jail. After she finished the laundry, she went to the servant's quarters. 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. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. (P.S. 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. Her mother, Estrellita, 47, and sister, Jennifer, 7, were also killed. The lower courts, however, reasoned that "Webb's alibi cannot stand against Alfaro's positive identification of him." This contradicted Hubert Webb's claim that he was in the United States from March 9, 1991, to October 27, 1992. God does not teach us to retaliate. Like the accused in the Vizconde case and for any other cases for that matter, the accused in the Abadilla murder case also deserve equal protection of the law. 176864 People of the Philippines vs. Hubert Webb, et. 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. :Isumbongwill make a comeback on PTV-4 on June 12, 2021. [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. Theyre projecting Digong as a feeble old man still seeking power. Vizconde is clinging to the hope that even if this period ended Thursday, more concerned citizens will approach the National Bureau of Investigation to corroborate claims made by new witnesses that Webb was seen in BF Homes, Paraaque City, at the time of the murders. In the said stockroom, there is a small door going to Hubert's room and in that door there is a small opening where she used to see Hubert and his friends sniffing on something. 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. 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. 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. In a decision dated January 6, 2000, Paraaque Regional Trial Court Judge Amelita Tolentino convicted Webb and the co . I also updated them on the new twist in the investigation. She was the prosecutions worst possible choice for a witness. 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 TV-14. Your subscription could not be saved. In the Philippines in 1992, the Vizconde Massacre, which saw the murder of multiple women who had been stabbed to death, created an investigation full of problems. 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. Eleazar, a strict disciplinarian, is probably the only PNP chief who is loved and respected by the citizenry. That's all crap! 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. [58] George, a drug dealer, claimed he was introduced to Webb by former SPO1 Gerardo Biong sometime in April 1991 where the young Webb allegedly purchased from him 10grams of shabu worth P10,000. Two of the accused have also been acquitted by the RTC on the basis of their defence of alibis. On the contrary, it reopens it. God would be stupid to borrow Digongs words if He gifts him the vice presidency the second time around. The Supreme Court acquitted them on Dec. 14, 2010. [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. Secondly, in the Abadilla case the SC held that the defense of alibi is weak, but in the Vizconde case it held that not all denials and alibis should be regarded as fabricated. 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. [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. While the SC rejected Alfaros testimony being not a credible witness, it held Alejo still a credible witness despite the inconsistencies in his testimony. Based on my findings, I defended Hubert in my column and in my radio and TV programs. 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. 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. 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. At about 4 a.m. on June 30, 1991, Gaviola woke up and entered the bedrooms to get the Webb's dirty laundry and wash it as part of her job. References: Francisco Kit Hernandez celebrated Mass. Eighteen-year-old daughter Carmela was raped, and had 17 stab wounds. 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. February 26, 2021. . Kaya laban lang tayo. The trial began in August 1995 before Paraaque RTC Judge Amelita Tolentino. [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. We use cookies to ensure you get the best experience on our website. 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. Vizconde Massacre Case Digest - Philippine True Crime Stories | Martin Rules. starring Kris Aquino as Carmela Vizconde. De Lima also said seven new witnesses claimed they saw Webb in the country during the months of April, May and June 1991. MANILA, Philippines - Six new witnesses reveal Hubert Webb, son of former Senator Freddie Webb, was in the Philippines when the Vizconde massacre took place on June 1991. 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. 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. A local elected official whos being groomed to run for a national office is being sold to the highest bidder by the politicians spouse. On June 30, 1991, 47-year-old housewife Estrellita Vizconde and daughters Carmela, 18, and Jennifer, 7, were found dead in their residence in BF Homes in Paraaque. . Massacre era. 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." SC slams 'unbelievable' testimony of Vizconde massacre witness. No. She took advantage of her familiarity with these details to include in her testimony. This is a violation of the duty of state." But Custodio admits this may be easier said than done. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. 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. Suspicions, no matter how strong they are, must never sway judgment. 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 men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. [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". Their original conviction was capital punishment but their sentence was modified to life imprisonment when the death penalty was abolished. 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. 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. Shades of what happened in the 2004 elections, when a national official was paid a huge sum to run under a political party. The details of how they were killed were grim. 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,. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. LYN RILLON. 185123/G.R. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. The case of the Vizconde Massacre took another direction only after four years, when Jessica Alfaro surfaced and became the case's star witness. It was Alejo who had positively identified Joel and Lorenzo (delos Santos) during a police line-up. 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. 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. ", 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. Call 896 6000. No. No. I will be conferring with my lawyers about my future moves.. She also said that Bing was accosting Ging Rodriguez on why he had to stab and kill a young girl. Forensic evidence: In Vizconde case it cannot lie, in Abadilla case it is inconclusive. No two persons have the same DNA fingerprint, with the exception of identical twins. Make a difference. 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. At any rate, Rameses de Jesus admitted that they were using the new car of Lenido Lumanog. 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. Youd be surprised who the people are behind the call for his extension; some of them are top politicians. 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. [60] Mario, a hair stylist during the period June 1991, testified that Webb, along with Tony Boy Lejano and Dong Ventura had their haircut. The prescription period does not matter to me, its just a date, he said. 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. I will continue to play that role as long as I live. It would be a serious miscarriage of justice and a demonstration of inequality before the law should jurisprudence not be applied equally. 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. Guillermo Lorenzo Guilor Eleazar, recently appointed chief of the Philippine National Police (PNP), bows out on Nov. 13 this year when he reaches the mandatory retirement age of 56. Alejo confirmed these two (2) as the persons he saw from his guard post walking to and fro before the shooting incident. 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. Nephews had posted a banner declaring Truth prevails 20 years after and demanding Final justice for the Vizconde massacre victims, in apparent reference to government probers claims that, contrary to his alibi, released murder convict Hubert Webb never left the country. Ho Man Tin, Kowloon Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. The NBI is the agency responsible in providing security and protection of witnesses admitted under WPP. The court also said that if Webb was in the U.S. when the crime was committed, the Alfaro's testimony would not hold together: "Without it, the evidence against the others must necessarily fall. 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. 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 .