LIKE me to support Mr. Vizconde The presumption leaned on is disputable and can be overcome by evidence to the contrary. The trial began in August 1995 before Paraaque RTC Judge Amelita Tolentino. 176864), it became one of the most sensational cases in the Philippines, being described as a "trial of the century". 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. 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. [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. Since I was introduced to The STAR readers in the front page, Ill hit the ground running. 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 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. 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. "I doubt that at this time, physical evidence will be available because a lapse of time has taken place, but that's the only way we can find the true killers." Run after Alfaro [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. . The lower courts, however, reasoned that "Webb's alibi cannot stand against Alfaro's positive identification of him." Apart from Alejo, earlier there was another witness, Merlito Herbas. [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. Like Herbas, court records had also shown that Alejo has been receiving money and free accommodation from the Abadillas. 185123/G.R. It was hard to tell which made up the truth and the lies. As a host of the program that carries my surname, I and my all-female staff have handled complaints from citizens, concerning abusive or arrogant policemen and other government functionaries. 1. Credibility of a witness: In Vizconde case not credible, but credible in the Abadilla case. All rights are reserved. No. 24, Rule 134, R. 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. 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 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. It cannot be coached or allured by a promise of reward or financial support. "[29], The court maintained that for a person to be convicted there should not be "a reasonable, lingering doubt as to his guilt." [52] On June 14, 2011, Hubert Webb filed a P180,000 compensation claim for "unlawful conviction" for the Vizconde massacre. Biong was released from jail on November 30, 2010, after serving his sentence. The case of the Vizconde Massacre took another direction only after four years, when Jessica Alfaro surfaced and became the case's star witness. But I could not work there), Volunteers Against Crime and Corruption chairman. Your subscription could not be saved. While the SC rejected Alfaros testimony being not a credible witness, it held Alejo still a credible witness despite the inconsistencies in his testimony. Former Paraaque policeman Gerardo Biong was found guilty as an accessory for burning bedsheets and tampering with other evidence in the crime. Alfaro had testified that she knew the suspects and was at the Vizconde house when the crime was committed. Many of the stories in my columns in previous newspapers were complaints from citizens. Her mother, Estrellita, 47, and sister, Jennifer, 7, were also killed. Alejo had been under the Abadillas custody and protection instead of that of the WPP of the government. You are just a few clicks away from making 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. But Justice Conchita Carpio Morales, who concurred with the decision, wrote strongly against basing judgement on conjectures: Facts decide cases. The Truth about Mendiola Massacre - Philippine True Crime Stories | Martin Rules. 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. 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 Untold Story: Vizconde Massacre II - May the Lord Be with Us! She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. 5. On the contrary, it reopens it. [18], In her decision, Tolentino described the testimony of defense witnesses as full of inconsistencies and biased. 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". When she could not produce the person, Sacaguing continued to press her saying that she might as well assume the role of her informant.. TRUTH OUT, HEALING BEGINS. 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." By providing an email address. Acting solely on Alfaros testimony, the Department of Justice (DoJ) filed charges of rape with homicide against the eight accused on August 1995. 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. I found this As of yesterday, police had arrested and filed criminal charges against six fraternity members suspected to have beaten to death John Matthew Salilig in a twisted concept ofbrotherhood. 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. [56] According to De Lima, all the new witnesses passed the polygraph test. In the Vizconde case, the SC does not accept conjecture as the basis of its decision. The jurisprudence mentioned above that the SC invoked has not been equally applied. 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. Webb was the prime suspect of the infamous homicide that occurred on June 30, 1991. 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. Of the 15 Justices, 7 voted for acquittal while four dissented and four Justices, including Carpio, did not participate.[27][28]. No. "[21], In April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. [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. We use cookies to ensure you get the best experience on our website. They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. People vs. Bello, G.R. Alfaro said Estrellita was killed before Webb began to rape Carmela. Those initially jailed for. 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. 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. White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. : Directed by Carlo J. Caparas. The Supreme Court acquitted them on Dec. 14, 2010. The AHRC urges the SC to thoroughly review the pending final appeal of the accused in the Abadilla case. Alfaro testified that as Webb followed Carmela into the dining room, she decided to step outside for a smoke. 'Ms. 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. I stood my ground because I had all the facts in my hand. [60] Mario, a hair stylist during the period June 1991, testified that Webb, along with Tony Boy Lejano and Dong Ventura had their haircut. After she finished the laundry, she went to the servant's quarters. 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. 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. 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. God would be stupid to borrow Digongs words if He gifts him the vice presidency the second time around. December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm 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. About the Show; You May Also Like . No. He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. I told my family that I did my best. Im still hoping for a miracle to happen. [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. The 47-year-old Estrellita had 13 stab wounds. Philstar Global Corp. All Rights Reserved. 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. 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. When the accused appealed the decision, the Court of Appeals (CA) affirmed the judgement of conviction by the RTC. Hopefully, if they will surface, public pressure will snowball and I will finally get the justice I am looking for, he said. 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. 2. 176864 People of the Philippines vs. Hubert Webb, et. [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. [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". In a 38-page strongly-worded decision promulgated on Tuesday, the . Therefore, the SCs rejection of Villamaras opinion demonstrates a fundamental contradiction to its September 7 decision on the Abadilla case. I expected this decision because since the start, I knew that Jessica Alfaro was not entirely telling the truth. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. The prosecution did not present him as their witness during the trial. Needless to say, were unpopular with the PNP and other government agencies that citizens transact business with. It cautioned itself from accepting the testimonies of witnesses without applying these tests. As a result, the court reverses the decision of the Court of Appeals, and acquits Webb, et al. I will continue to play that role as long as I live. Former Paraaque City cop Gerardo Biong walked free from the New Bilibid Prisons (NBP) in Muntinlupa City after serving a 12-year sentence. 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. Vizconde Massacre Case Digest - Philippine True Crime Stories | Martin Rules. [11], The defense produced documents and presented 95 witnesses, including Hubert Webb himself and his father, along with other relatives and friends to support Webb's alibi that he was in the United States from March 9, 1991, to October 26, 1992. a contribution to Human Rights work, Asian Human Rights Commission 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. [12] (Under Philippine law, generally, alibi is the weakest defense, especially where there is direct testimony of an eyewitness, duly corroborated by another. According to Rivera, Sacaguing was never part of the NBI team assigned to investigate the Vizconde massacre and that his former colleague took Alfaro's statement in April 1995 without the presence of a lawyer. He and six others spent 15 years in jail. In this case, the existence of an earlier negative report on the NIIS record on file concerning the entry of appellant Webb into and his exit from the US on March 9, 1991, and October 26, 1992, respectively, had raised serious doubt on the veracity and accuracy of the subsequently issued second certification dated August 31, 1995 which is based merely on a computer print-out of his alleged entry on March 9, 1991, and departure on October 26, 1992. Theyre projecting Digong as a feeble old man still seeking power. ), 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. Youd be surprised who the people are behind the call for his extension; some of them are top politicians. As already mentioned, the SC concluded Alfaro to be not a credible witness because she did not meet these two criteria. 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. In a decision dated January 6, 2000, Paraaque Regional Trial Court Judge Amelita Tolentino convicted Webb and the co . 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. Vizconde should go after the national government. [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. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. [4] In the Trial Court (People of the Philippines vs. Hubert Webb, et al., G.R. Methinks one year would give Eleazar ample time impose his brand of discipline on one of the most undisciplined police forces in the world. 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. No. Herbas and Alejo worked for the Abadillas as security guards. Night of June 2930, 1991 Estrellita, Carmela and Jennifer Vizconde were killed in their Paraaque home; Carmela was found to have been raped. Make a difference. 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. The film claims to have been based on new evidence from the then-ongoing trial. October 1, 1996 Judge Amelita Tolentino of the Paraaque RTC rejected 132 of the defense's 142 pieces of evidence. I was a barbarian in my college years at the University of the Philippines. Lauro Vizconde on Thursday marks the 20th anniversary of the murders of his wife and two daughters at his residence in BF Homes, Paraaque City. 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." Hong Kong Ho Man Tin, Kowloon Alfaro accused Hubert Webb, son of former senator Freddie Webb, as the mastermind of the massacre, along with five other men, all coming from prominent families. 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. With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. Even if we were denied justice, I consoled them that at least people already know what really happened, he said. InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. 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. Fax: +(852) 2698 6367, Copyright 2023 Asian Human Rights Commission. 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. He said that he heard Hubert Webb quarreling with another young looking customer. 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. Vizconde Massacre: The hidden Truth. 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. The unconstitutionality of prior restraint. It is that simple. ), Among evidence that was not admitted by Judge Tolentino, was the note verbale from the United States Embassy in Manila claiming that Webb entered the United States in March 1991 and left in October 1992. Jennifer Diaz, chief of the women and childrens desk, told Allan to file the complaint with the barangay where they reside. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. 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.

Karen Thompson Age Made In Chelsea, Loftis Party Of Six Net Worth, Articles T