December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm Pray to them. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. G.R. 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. 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. [18], In her decision, Tolentino described the testimony of defense witnesses as full of inconsistencies and biased. TV-14. Conjectures and suspicions are not facts, hence, they have no evidentiary value. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. After she finished the laundry, she went to the servant's quarters. 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. 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. We use cookies to ensure you get the best experience on our website. Biong was released from jail on November 30, 2010, after serving his sentence. Includes gruesome real photos from the crime scene. She was the prosecutions worst possible choice for a witness. He and six others spent 15 years in jail. Episode on July 5, 2011 Tuesday after Saksi! 182555/G.R. With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. I will be conferring with my lawyers about my future moves.. . They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. 124871, May 13, 2004. She took advantage of her familiarity with these details to include in her testimony. Their original conviction was capital punishment but their sentence was modified to life imprisonment when the death penalty was abolished. September 7, 2010http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm I expected this decision because since the start, I knew that Jessica Alfaro was not entirely telling the truth. Webb's reliance on the presumption of regularity of official functions, stressing the fact that the US-INS certifications are official documents, is misplaced. 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. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. 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. Webb wanted Alfaro, the then-girlfriend of one of the accused men, Peter Estrada, to join them because Estrellita Vizconde only allowed her daughter to go out and entertain female visitors. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. This contradicted Hubert Webb's claim that he was in the United States from March 9, 1991, to October 27, 1992. But in the Abadilla case, the relatives and friends are not an impartial witness to corroborate the defence of alibi of the accused. February 26, 2021. . The CA in effect crafted and formulated the conjectures giving them the appreciation similar to facts offered as evidence where it had based the judgment. I stand by my story. 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. TRUTH OUT, HEALING BEGINS. 187745. The SC acquitted all the accused, reversing and dismissing the guilty verdict of the RTC and the CA. The CA held that these ballistic results are inconclusive and can never prevail over appellants positive identification by eyewitness Freddie Alejo. It was Alejo who had positively identified Joel and Lorenzo (delos Santos) during a police line-up. The NBI is the agency responsible in providing security and protection of witnesses admitted under WPP. But Justice Conchita Carpio Morales, who concurred with the decision, wrote strongly against basing judgement on conjectures: Facts decide cases. Nos. LIKE me to support Mr. Vizconde InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. 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 . The unconstitutionality of prior restraint. 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. [citation needed] (The Philippine Rules of Evidence require official attestation of the authenticity of any public document presented in evidence; as per Sec. Democrito Barcenas, former Integrated Bar of the Philippines Cebu City president and regional coordinator of the Free Legal Assistance Group (FLAG): I think that most of the justices are right in their decision. [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". 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. De Lima said the evidence that showed Webb and any of the co-accused were in the country came from the magnetic reel tape (MRT) of the Philippine Bureau of Immigration (BI) where all records of incoming and outgoing passengers from the Philippines are recorded. The NBI is a special investigating body attached to the DoJ. 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. She said the US-based defense witnesses, most of whom are relatives or friends of the Webb family suffered from "incorrigible and selective memory syndrome". Anyone can be paid! The women were found dead with multiple stab wounds and no witnesses, murder weapons or motive have been uncovered. Evid. When she could not produce the person, Sacaguing continued to press her saying that she might as well assume the role of her informant.. Jennifer Diaz, chief of the women and childrens desk, told Allan to file the complaint with the barangay where they reside. ", 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. 127262 Hubert Webb, et al. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. Alfaro claimed that Hubert was angry at Carmela thus raping and murdering her, her younger sister and her mother, to supposedly revenge her unfaithfulness to him. Police assets are often criminals themselves. With your meaningful insights, help shape the stories that can shape the country. 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. The CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. The court rejected his testimony because he was a disgruntled witness. [2][3] Estrellita Vizconde, 49, suffered thirteen stab wounds; Carmela Vizconde, 19, suffered seventeen stab wounds and had been raped before she was killed; and Anne Marie Jennifer, 6, had nineteen stab wounds. From there she allegedly saw Lejano and Ventura take a knife from the kitchen drawer, while the rest of the gang acted as lookouts. 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. InVizconde case: The majority of the justices strongly argued against relying on conjectures on deciding the case, particularly on the claim that Hubert Jeffrey could have been in the Philippines, and not in the U.S., when the crime happened. She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. No. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. This column will tackle various topics on the days it will come out: Tuesday, Thursday and Saturday. 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. The Supreme Court acquitted them on Dec. 14, 2010. Firstly, in the Vizconde case, the SC still held as credible the corroborating testimonies of the witnesses favouring Hubert Jeffrey who are mostly his relatives and friends in support of his defence of alibi. Estrellita, 47, had suffered thirteen stab wounds; Carmela, 18, had suffered seventeen stab wounds and had been raped before she was killed; and Jennifer, 7, had nineteen stab . No. Asuncion, 27, was a constant playmate of Jennifer Vizconde, who was 7 years old when she was killed. Vizconde Massacre: The hidden Truth. 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. [6], Alfaro's testimony coincided with the angle that was being explored by Supt. The prosecutors, the RTC and the CA have been made aware of this fact by the defence. [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. The SC required this test as necessary before a testimony of positive identification could be accepted as credible and with merit. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. The prescription period does not matter to me, its just a date, he said. God would be stupid to borrow Digongs words if He gifts him the vice presidency the second time around. [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. No. This is one of the most controversial and widely publicised massacre cases because of the involvement of the son of a former Philippine Senator, Freddie Webb; and six others from a wealthy family background similar to that of the accused. As a result, the court reverses the decision of the Court of Appeals, and acquits Webb, et al. 1. He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. It was also not true that there was no showing that he (Alejo) was actuated by improper motive to testify falsely against the accused because the defence had since been challenging his credibility during the trial. 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. Even if we were denied justice, I consoled them that at least people already know what really happened, he said. The politician would only be allowed by the spouse to run if the party that this politician will join can come up with a big amount for their family. There was entry of (former senator) Freddie Webb leaving the country in March 1991 but no Hubert Webb, De Lima said. She had been hanging around that agency for sometime as a stool pigeon, one paid for mixing up with criminals and squealing on them. The 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. [29], The court also held that the testimony of the Webb's maid, Mila Gaviola, was also unreliable since she was not able to distinguish if it was Hubert whom she saw on June 30, 1991, nor "did she remember any of the details that happened in the household on the other days". 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. De Lima also said seven new witnesses claimed they saw Webb in the country during the months of April, May and June 1991. Only minor cases, like oral defamation and quarrel between neighbors, are handled by the barangay. There was only one vital witness for the prosecution, Freddie Alejo. Let the love of God prevail. 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. [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. Hell never return to the Philippines, said the Thai tourist whose cash was filched by Manila airport security personnel. 3. [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. "[29], The court maintained that for a person to be convicted there should not be "a reasonable, lingering doubt as to his guilt." His intention was very, very dubious, he said. Please try again. Call 896 6000. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. 2. 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. 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. He also claimed to have heard Hubert shout, Putang ina nyo! Massacre case in 1991 Webb was accused of raping Carmela Vizconde, 18, who was killed in her family's Paraaque home on June 30, 1991. The Truth about Mendiola Massacre - Philippine True Crime Stories | Martin Rules. 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. 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. This page was last edited on 8 February 2023, at 03:37. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. No. [2][12] Security guards Justo Cabanacan and Normal White. 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. Abadilla Case Decision from the Court of Appeals:http://campaigns.ahrchk.net/abadilla5/docs/A5-CAdecision.pdf. finding nemo deleted scenes barracuda, police collar number search,