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Former Paraaque policeman Gerardo Biong was found guilty as an accessory for burning bedsheets and tampering with other evidence in the crime. As a result, the court reverses the decision of the Court of Appeals, and acquits Webb, et al. Pray to them. Among the defense witnesses was Artemio Sacaguing, a former, now deceased NBI official who testified that Alfaro was an NBI asset who only volunteered to assume the role of the eyewitness when she could not produce the actual witness to the Vizconde killings. In a decision dated January 6, 2000, Paraaque Regional Trial Court Judge Amelita Tolentino convicted Webb and the co . 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. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. 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. The other defendants were Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Filart and Artemio Ventura. Hong Kong Sacaguing broke the guidelines in taking affidavits from witnesses. Of the 15 Justices, 7 voted for acquittal while four dissented and four Justices, including Carpio, did not participate.[27][28]. [4] In the Trial Court (People of the Philippines vs. Hubert Webb, et al., G.R. 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. [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. 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. The CA held that these ballistic results are inconclusive and can never prevail over appellants positive identification by eyewitness Freddie Alejo. 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. "[21], In April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. In rejecting questions to Alejos credibility, the SC affirmed the CAs ruling that the credible testimony of a lone witness(es) assumes more weight when there is no showing that he was actuated by improper motive to testify falsely against the accused, as in the case of Freddie Alejo. [citation needed] (The Philippine Rules of Evidence require official attestation of the authenticity of any public document presented in evidence; as per Sec. December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm 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. [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. 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]. We use cookies to ensure you get the best experience on our website. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. InAbadilla case: Both the RTC and the CA did not apply this test of credibility of a witness before accepting the testimony of Alejo. This site uses cookies. The prescription period does not matter to me, its just a date, he said. No. 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. He alleged that he could not forget Webb because Biong had allegedly threatened him, Do not cheat him. A news report on Thursday in Business Mirror that headlined Senate grills defense brass on plans for EDCA expansion, sites raised much curiosity for its sheer lack of detailed information. February 26, 2021. . But her parents did not allow her to go. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. Evid. Both the SC and the CA affirmed the RTCs sentence of guilty verdict without applying the test on the credibility of a witness as they did in Vizconde case. Biong was released from jail on November 30, 2010, after serving his sentence. 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. Don't miss out on the latest news and information. 124871, May 13, 2004. [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. The defense questioned Alfaro's credibility noting that she admitted to being under the influence of drugs when she allegedly witnessed the crime and had made inconsistent statements on her two affidavits. Based on the infamous and seemingly never ending 1991 Vizconde murder case in the Philippines where a woman and her two children; a teen daughter who was also raped and a 6-year-old, were all viciously stabbed to death while the husband was away in America on business. SC slams 'unbelievable' testimony of Vizconde massacre witness. The SC did not apply the two tests it invoked on the Vizconde case before accepting the positive identification of Alejo as credible, and him as a credible witness. Hello friends! 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. I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. [46], President Benigno Aquino III ordered the law enforcement agencies to re-investigate the case six months before the prescription period lapses. Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. Choose Gods endless kind of love., Hernandez also reminded Vizconde that he now had three saints in Heaven.. 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. Like Herbas, court records had also shown that Alejo has been receiving money and free accommodation from the Abadillas. She did not show up at the NBI as a spontaneous witness (only after four years) bothered by her conscience. 1 newspaper in terms of circulation and readership. Your subscription could not be saved. 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. Shades of what happened in the 2004 elections, when a national official was paid a huge sum to run under a political party. Asuncion, 27, was a constant playmate of Jennifer Vizconde, who was 7 years old when she was killed. 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. Lauro Vizconde: "Is there still anyone among you who doubts that there is rampant corruption in our government? You are just a few clicks away from making 176389 / G.R. 16:53. 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. 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. 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". 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. And while justice seems elusive, life must go on, Vizcondes grandniece Katherine Asuncion said, reading from a family statement. LIKE me to support Mr. Vizconde I will be conferring with my lawyers about my future moves.. LYN RILLON. 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. 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. Remember that death is the ultimate equalizer. [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. Im still hoping for a miracle to happen. 2. 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. Acting solely on Alfaros testimony, the Department of Justice (DoJ) filed charges of rape with homicide against the eight accused on August 1995. Alfaro also said that she bumped into Biong at the Faces Disco in Makati in March 1995 and relayed to her the offer of the group to give her a free ticket to the United States to shut her up. 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. The AHRC urges the SC to thoroughly review the pending final appeal of the accused in the Abadilla case. 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. Nine years later, still no clarity on EDCA sites. The NBI is a special investigating body attached to the DoJ. 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. 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. 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. About the Show; You May Also Like . 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. [2][12] Security guards Justo Cabanacan and Normal White. The SC rendered its judgment on the Abadilla case on September 7 and on the Vizconde case on December 14 of this year [2010]. True Crime. Lejano and Ventura also took turns raping Carmela, before finishing her off with numerous stabs. Copyright 2023. [60] De Lima believed Dong Villadolid is the same person as Dong Ventura, one of the co-accused who fled to the US following the massacre. My program is the originalsumbungan ng bayan sa radyo(roughly, citizens complaint center on radio). The CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. Early Thursday, Lauro Vizconde went to Holy Cross Memorial Park and laid bouquets of roses on the tombs of his wife and daughters. 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. 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". A local elected official whos being groomed to run for a national office is being sold to the highest bidder by the politicians spouse. Aug 5, 2008. [6], Alfaro's testimony coincided with the angle that was being explored by Supt. September 7, 2010http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm But to Judge Amelita Tolentino of the Paranaque Regional Trial Court, the truth was the account of star witness Jessica Alfaro. 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. Francisco Kit Hernandez celebrated Mass. Remember when I made the disclosure that someone is pressuring the justices to vote for a reversal? Alibi cannot prevail over the positive identification of a credible witness [140].. But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. TRUTH OUT, HEALING BEGINS. No. The term dirty politics is appropriate for that kind of set-up. : Directed by Carlo J. Caparas. [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]. Jubilation by the citizenry greeted the report of his appointment. After the Mass, VACC founding chair Dante Jimenez urged Congress to initiate impeachment proceedings against the seven Supreme Court justices who either voted to acquit Webb and coaccused or abstained from voting last December. [139] Against positive evidence, alibi becomes most unsatisfactory. 187745. Thus, her testimony could not be admitted. Unreliability of Jessica Alfaro's testimony: Alfaro had prior knowledge on the facts of the case having been an, Alfaro was not able to explain why the house was ransacked if robbery was not the motive of Webb and his group, Unreliability of testimony from other witnesses, Alfaro's testimony will fall apart if Webb was not at the crime scene and will relieve the others accused of the crime. The High Court put to question the quality of the testamentary evidence furnished by the witnesses. Still seeking justice for his family's grim fate, Lauro Vizconde exhausts all resources available to him. 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,. It cannot be coached or allured by a promise of reward or financial support. They were victims of gory murder; Carmela was raped before she was killed. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. In the Vizconde case, the SC does not accept conjecture as the basis of its decision. 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. 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. 176864 People of the Philippines vs. Hubert Webb, et. 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. His intention was very, very dubious, he said. 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. No acquittal has been made as to the two accused, Filart and Ventura, who remain at-large. Hubert Jeffrey Webb sought for an acquittal after he had found out that the NBI could no longer produce the DNA specimen extracted from the cadaver of the rape victim. 132577 People of the Philippines vs. Hubert Jeffrey P. Webb, 1999, G.R. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. References: God does not teach us to retaliate. Therefore, the SCs rejection of Villamaras opinion demonstrates a fundamental contradiction to its September 7 decision on the Abadilla case. 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. [54] He was laid to rest at Manila Memorial Park Sucat on February 17. 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. The President has time and again said that he was very tired of running the country and, if he had his way, would have stepped down. Abadilla Case Decision from the Court of Appeals:http://campaigns.ahrchk.net/abadilla5/docs/A5-CAdecision.pdf. 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. By providing an email address. Former NBI official Pedro Rivera however dismissed as lies the testimony of Sacaguing saying that Agent Sacaguing had a record of notoriety in the NBI which prompted his transfer to remote places of assignment until his early retirement. 176864), it became one of the most sensational cases in the Philippines, being described as a "trial of the century". Rodolfo Sison, the police investigator originally assigned to the case in 1991. Alfaro said she was then having reservations when she first executed the first affidavit and held back vital information due to her natural reaction of mistrust. She did not know nor met any of them. 1. The unconstitutionality of prior restraint. 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. 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. 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. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. This is a violation of the duty of state." But Custodio admits this may be easier said than done. To find out more, please click this link. Since I was introduced to The STAR readers in the front page, Ill hit the ground running. Many of the stories in my columns in previous newspapers were complaints from citizens. 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. [49], On January 4, 2011, Justice Secretary Leila de Lima said suspect Joey Filart was spotted in the United States. Webb was the prime suspect of the infamous homicide that occurred on June 30, 1991. The lower courts, however, reasoned that "Webb's alibi cannot stand against Alfaro's positive identification of him." [56][62][63][64] Dang claimed to have heard Dong Villadolid shouting at the top of his voice, saying they had raped and killed a certain Maria (presumed to be Maria Carmela Vizconde) and other persons. He alleged that Webb bought illegal drugs from him on two other occasions in May 1991. al, 1995, G.R. 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. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. 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. Kaya laban lang tayo. 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. 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. Hubert argued that the specimen could exonerate him from the charge and support his defence that he did not rape the victim. (P.S. Secondly, Alfaros quality as a witness and her inconsistent, if not inherently unbelievable, testimony cannot be the positive identification that jurisprudence acknowledges as sufficient. Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. She had been hanging around that agency for sometime as a stool pigeon, one paid for mixing up with criminals and squealing on them. 1. Eh di sana may sweldo ako. Originally, there were seven accused charged in this case. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. Vizconde Massacre Case Digest - Philippine True Crime Stories | Martin Rules. The Vizconde Massacre. InAbadilla case: The SC affirmed the CAs judgement as inconclusive the use of forensic evidence, for example, the fingerprints and ballistic test results, showing that none of the five accused had their fingerprints match to those extracted from the murder victims car. She was the prosecutions worst possible choice for a witness. The case of the Vizconde Massacre took another direction only after four years, when Jessica Alfaro surfaced and became the case's star witness. Jennifer Diaz, chief of the women and childrens desk, told Allan to file the complaint with the barangay where they reside. 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 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. For almost two decades, Filipinos have been mystified by the brutal 1991 killing of a mother and her two daughters.

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the truth about vizconde massacre
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