[139] Against positive evidence, alibi becomes most unsatisfactory. Webbs co-accused, Antonio Lejano, is a son of a known singer and celebrity. 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. 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 case of the Vizconde Massacre took another direction only after four years, when Jessica Alfaro surfaced and became the case's star witness. "[29], The court maintained that for a person to be convicted there should not be "a reasonable, lingering doubt as to his guilt." 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. Hell never return to the Philippines, said the Thai tourist whose cash was filched by Manila airport security personnel. 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 film claims to have been based on new evidence from the then-ongoing trial. Two of the accused have also been acquitted by the RTC on the basis of their defence of alibis. Needless to say, were unpopular with the PNP and other government agencies that citizens transact business with. Executive M/Sgt. 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. 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. And while justice seems elusive, life must go on, Vizcondes grandniece Katherine Asuncion said, reading from a family statement. [46], President Benigno Aquino III ordered the law enforcement agencies to re-investigate the case six months before the prescription period lapses. 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. [12] (Under Philippine law, generally, alibi is the weakest defense, especially where there is direct testimony of an eyewitness, duly corroborated by another. Herbas and Alejo worked for the Abadillas as security guards. 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". 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). 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. The SC required this test as necessary before a testimony of positive identification could be accepted as credible and with merit. [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. 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. 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. While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. Secondly, the SC affirmed the CAs assertion that Alejo was a credible witness ignoring the questions to his credibility by arguing that: positive and unequivocal declaration is sufficient to support a conviction for murder against appellants. 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. 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. "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. Eighteen-year-old daughter Carmela was raped, and had 17 stab wounds. By continuing, you are agreeing to our use of cookies. The readers will notice soon enough the brevity of each topic. [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. During the trial, accused Webb made a defence of alibi claiming that he was in the United States when the massacre of the Vizcondes happened. Lauro Vizconde: "Is there still anyone among you who doubts that there is rampant corruption in our government? [48] Other witnesses say Webb was in the Philippines at the time of the murders. The story of the Vizconde Massacre wasn't just a single story; it varied as told by a number of witnesses. Please try again. As a result, the court reverses the decision of the Court of Appeals, and acquits Webb, et al. ), 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. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. De Lima also said seven new witnesses claimed they saw Webb in the country during the months of April, May and June 1991. 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. [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. But the grieving father couldn't distinguish the truth from the lies. InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. October 1, 1996 Judge Amelita Tolentino of the Paraaque RTC rejected 132 of the defense's 142 pieces of evidence. 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. Theyre projecting Digong as a feeble old man still seeking power. Webbs son, Hubert Jeffrey, is also the brother of a television host, Pinky, in one of the largest television networks in the country. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. Firstly, the SC held Alfaro was not a credible witness. Still seeking justice for his family's grim fate, Lauro Vizconde exhausts all resources available to him. The High Court put to question the quality of the testamentary evidence furnished by the witnesses. She took advantage of her familiarity with these details to include in her testimony. Birrer said she had accompanied Biong to the Vizconde house to destroy the evidence and to retrieve Webb's jacket and the murder weapon. De Lima said they could still go after Filart and Ventura, as well as the Villadolid brothers, since the prescriptive period of 20 years for homicide does not apply to them because they were abroad. 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. But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. The men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. 3. Hopefully, if they will surface, public pressure will snowball and I will finally get the justice I am looking for, he said. [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. 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 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. Webb was among the nine people convicted by Paranaque Regional Trial Court Branch 274 Presiding Judge Amelita Tolentino in January 2000 for the killings. Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. 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". 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. 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 . But her parents did not allow her to go. Alfaro had testified that she knew the suspects and was at the Vizconde house when the crime was committed. [citation needed] (The Philippine Rules of Evidence require official attestation of the authenticity of any public document presented in evidence; as per Sec. It is time to heal the past. (P.S. The SC acquitted all the accused, reversing and dismissing the guilty verdict of the RTC and the CA. 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 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. 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. Based on my findings, I defended Hubert in my column and in my radio and TV programs. The Jessica Alfaro Story in 1995 was meanwhile focused on the star witness, portrayed by Alice Dixson. The court also said that it was "possible for Alfaro to lie" on the details of the case. To find out more, please click this link. The trial of the case having been long concluded, the requirements of the law may have been satisfied, but not the demands of justice. 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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. The Truth about Mendiola Massacre - Philippine True Crime Stories | Martin Rules. 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. [29], The court said that "among the accused, Webb presented the strongest alibi". All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. 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. Let the love of God prevail. Allan (surname intentionally omitted), stepfather of a 16-year-old girl who was nearly raped by a neighbor, went with his daughter to the police station in San Jose, Batangas recently to file a complaint. [29] X' key to real perpetrators of Vizconde murders? This site uses cookies. Jubilation by the citizenry greeted the report of his appointment. 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. May I invite you to watch?). The RTC, however, acquitted Delos Santos despite being positively identified also by Alejo as one of those who was present at the crime scene. 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. I also updated them on the new twist in the investigation. 3. This column will tackle various topics on the days it will come out: Tuesday, Thursday and Saturday. The Villadolid brothers were mentioned by a certain Rhoda Pujanes alias Dang, who claimed she overheard Villadolid and his friends, including Miguel Rodriguez and Michael Gatchalian (both co-accused of Webb), talking about the massacre during a pot session in 1991. Alejo confirmed these two (2) as the persons he saw from his guard post walking to and fro before the shooting incident. 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. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. But in the Abadilla case, the relatives and friends are not an impartial witness to corroborate the defence of alibi of the accused. I expected this decision because since the start, I knew that Jessica Alfaro was not entirely telling the truth. 5. April 28, 1995 Jessica Alfaro presents herself as a witness and accuses Hubert Webb. Similar to the accused in the Vizconde case, all the accused in the Abadilla case invoked their defence of alibi. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies.

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