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. X' key to real perpetrators of Vizconde 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. 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. 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. 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. I incurred the ire of the citizenry, including some of my fellow columnists in theInquirer,for my defense of Hubert. Many of the stories in my columns in previous newspapers were complaints from citizens. starring Kris Aquino as Carmela Vizconde. 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. Published July 4, 2011 7:24pm. The court said the "portion of Alfaro's story appears tortured to accommodate the physical evidence of the ransacked house" adding that "it is a story made to fit in with the crime scene although robbery was supposedly not the reason Webb and his companions entered that house". While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. 4. 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. The massacre and surrounding events were depicted in the 1993 film The Vizconde Massacre Story (God Help Us!) De Lima said it was possible that it was Black Maria who was in the Vizconde home and not Jessica Alfaro, the NBI's star witness during the trial. Connections Followed by The Untold Story: Vizconde Massacre II - May the Lord Be with Us! Alfaro could not possibly prove the relationship between Hubert and Carmela, as they were strangers to each other, and Alfaro also could not have possibly identified the other accused because all of them were strangers to her. Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. The trial began in August 1995 before Paraaque RTC Judge Amelita Tolentino. 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. 3. Ho Man Tin, Kowloon No. 185123/G.R. September 7, 2010http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm But her parents did not allow her to go. Sulu in the eyes of my good friend Princess Jacel Kiram is a potential eco-tourism destination and fruit basket of the country. 124871, May 13, 2004. He said that he heard Hubert Webb quarreling with another young looking customer. This is one of the most controversial and widely publicised massacre cases because of the involvement of the son of a former Philippine . 132577 People of the Philippines vs. Hubert Jeffrey P. Webb, 1999, G.R. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. (Update 6:47 p.m.) The Supreme Court (SC) has cast doubts on the credibility of Jessica Alfaro, the so-called star witness in the gruesome killings of three members of the Vizconde family almost two decades ago. 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. The 47-year-old Estrellita had 13 stab wounds. Forensic evidence: In Vizconde case it cannot lie, in Abadilla case it is inconclusive. Tolentino also found it hard to believe that Webb was working with a pesticide company because he was asthmatic and allergic to various substances. 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. 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. Those initially jailed for. "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. No. So, some sectors are calling for Eleazars extension until after the May 2022 elections. G.R. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. 16:53. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. The lead suspect was Hubert Webb whose father, Freddie Webb was famous as an actor, former basketball player, and Paraaque congressman at the time of the murders. She was the prosecutions worst possible choice for a witness. 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. 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. 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. 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. With your meaningful insights, help shape the stories that can shape the country. [citation needed] (The Philippine Rules of Evidence require official attestation of the authenticity of any public document presented in evidence; as per Sec. True Crime. [6], Alfaro's testimony coincided with the angle that was being explored by Supt. Vizconde Massacre Case Digest - Philippine True Crime Stories | Martin Rules. Similar to the accused in the Vizconde case, all the accused in the Abadilla case invoked their defence of alibi. Apart from Alejo, earlier there was another witness, Merlito Herbas. Alejo confirmed these two (2) as the persons he saw from his guard post walking to and fro before the shooting incident. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. My program is the originalsumbungan ng bayan sa radyo(roughly, citizens complaint center on radio). The Truth about Mendiola Massacre - Philippine True Crime Stories | Martin Rules. 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. People vs. Bello, G.R. Justice Villarama argued that a photocopy of Webbs passport in court to support his alibi and the testimonies of witnesses, mostly his relatives and friends, could not be given merit, by cautioning his fellow justices that it can be gleaned from the fact that passports and plane tickets indicating dates of arrival and departure do not necessarily prove that the very same person actually took the flight and added that indeed, alibi cannot be sustained where it is not only without credible corroboration, but also where it does not, on its face, demonstrate the physical impossibility of the accuseds presence at the place and time of the commission of the crime. 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. Be consoled that the truth will always come out, Hernandez advised Vizconde. By continuing, you are agreeing to our use of cookies. 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. June 30, 1991 for a bicycle he bought from a store in Orange County, Los Angeles, California. No two persons have the same DNA fingerprint, with the exception of identical twins. 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. Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. 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. It is time to heal the past. [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. December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm [22], On October 8, 2010, Webb filed an urgent motion for acquittal. 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. 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. While the SC rejected Alfaros testimony being not a credible witness, it held Alejo still a credible witness despite the inconsistencies in his testimony. due to "overwhelming evidence that showed Webb and the other accused had conspired to rape Carmela and, in the process, kill her and the rest of the family." But Villaramas opinion was not considered by the SC in their majority decision. 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. It cautioned itself from accepting the testimonies of witnesses without applying these tests. This column will tackle various topics on the days it will come out: Tuesday, Thursday and Saturday. Kung di ninyo ako pinabayaan, 'di ako magkakaganito. (Fuck you all! 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." 1. 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. Therefore, the applications of the SC on evaluating the defence of alibi of the accused have not been equally applied in these two cases. 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. 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. This policewoman is either ignorant of the law or plain lazy. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. This site uses cookies. Credibility of a witness: In Vizconde case not credible, but credible in the Abadilla case. 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. Hubert argued that the specimen could exonerate him from the charge and support his defence that he did not rape the victim. [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. Welcome to my maiden column in TheSTAR, now the countrys No. [54] He was laid to rest at Manila Memorial Park Sucat on February 17. In a 38-page strongly-worded decision promulgated on Tuesday, the . Hong Kong Needless to say, were unpopular with the PNP and other government agencies that citizens transact business with. 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. It was Alejo who had positively identified Joel and Lorenzo (delos Santos) during a police line-up. Secondly, Alfaros quality as a witness and her inconsistent, if not inherently unbelievable, testimony cannot be the positive identification that jurisprudence acknowledges as sufficient. He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. [52] On June 14, 2011, Hubert Webb filed a P180,000 compensation claim for "unlawful conviction" for the Vizconde massacre. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. That's all crap! The Vizconde massacre, dubbed the crime of the 20th century, was my defining moment as a columnist and defender of the oppressed and those. She took advantage of her familiarity with these details to include in her testimony. 176864), it became one of the most sensational cases in the Philippines, being described as a "trial of the century". 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". Alejo had been under the Abadillas custody and protection instead of that of the WPP of the government. Theyre projecting Digong as a feeble old man still seeking power. Methinks one year would give Eleazar ample time impose his brand of discipline on one of the most undisciplined police forces in the world. Includes gruesome real photos from the crime scene. The other defendants were Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Filart and Artemio Ventura. 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. [19], The Court of Appeals' Third Division voted 32 to deny Webb's motion for reconsideration and upheld the ruling of Judge Tolentino on December 16, 2005. With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. 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. [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". I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. The DoJ also placed Alfaro under the Witness Protection Program (WPP) during the trial period. 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. Hopefully, if they will surface, public pressure will snowball and I will finally get the justice I am looking for, he said. 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. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. ", Jessica Alfaro: Alfaro's e-mail from abroad read. Early Thursday, Lauro Vizconde went to Holy Cross Memorial Park and laid bouquets of roses on the tombs of his wife and daughters. [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. (adsbygoogle = window.adsbygoogle || []).push({}); Vizconde said he was optimistic about finding more witnesses.. 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. . SC slams 'unbelievable' testimony of Vizconde massacre witness. Fax: +(852) 2698 6367, Copyright 2023 Asian Human Rights Commission. The presumption leaned on is disputable and can be overcome by evidence to the contrary. [4] In the Trial Court (People of the Philippines vs. Hubert Webb, et al., G.R. It was based on the rule of the minority and not the majority as they (the SC justices) had enunciated in Fortich v. [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. The other accused were Artemio Dong Ventura, Michael A. Gatchalian, Hospicio Pyke Fernandez, Peter Estrada, Miguel Ging Rodriguez, and Joey Filart. 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. 176389 / G.R. He adds, this Court takes judicial notice of reported irregularities and tampering of passports in the years prior to the recent issuance by the Department of Foreign Affairs(DFA) of machine-readable passports. 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. I will kill you, brandishing a shiny revolver. The tapes were restored by IBM while being monitored by the National Computer Center. The term dirty politics is appropriate for that kind of set-up. The Supreme Court acquitted them on Dec. 14, 2010. Former Paraaque City cop Gerardo Biong walked free from the New Bilibid Prisons (NBP) in Muntinlupa City after serving a 12-year sentence. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. Under the law, prosecutors of a murder case are given 20 years from the time it occurred or the time it was discovered to identify suspects and charge them in court. ", 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. April 28, 1995 Jessica Alfaro presents herself as a witness and accuses Hubert Webb. [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". The readers will notice soon enough the brevity of each topic. ), 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. 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 The fight is not over. 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. [46], President Benigno Aquino III ordered the law enforcement agencies to re-investigate the case six months before the prescription period lapses. [9] They were acquitted by a trial judge in September 1993 for insufficient evidence.[9]. 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". 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. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. He alleged that Webb bought illegal drugs from him on two other occasions in May 1991. There was only one vital witness for the prosecution, Freddie Alejo. At any rate, Rameses de Jesus admitted that they were using the new car of Lenido Lumanog. [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. The details of how they were killed were grim. Anyone can be paid! I will continue to play that role as long as I live. 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. Sacaguing broke the guidelines in taking affidavits from witnesses. [29], In his dissenting opinion, Justice Villarama argued that the claim of Webb that he could not have committed the crime because he left for the United States on March 9, 1991, and returned to the Philippines only on October 26, 1992, was correctly rejected by the Regional Trial Court and Court of Appeals. 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. Yes, but what can I do (?). The CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. 5. 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]. Reporters jostled with Vizcondes relatives and friends in his garage, where Fr. [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. She observed Hubert was quite irritated, uneasy, and walked to and fro inside his room. The SC rendered its judgment on the Abadilla case on September 7 and on the Vizconde case on December 14 of this year [2010]. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. 1 newspaper in terms of circulation and readership. 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. Eleazar, a strict disciplinarian, is probably the only PNP chief who is loved and respected by the citizenry. I am not an NBI agent nor an NBI asset. 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. On the contrary, it reopens it. Inconsistencies: In Vizconde case damages credibility, in Abadilla case does not. Hello friends! [139] Against positive evidence, alibi becomes most unsatisfactory. 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,. [2][12] Security guards Justo Cabanacan and Normal White. [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. Your subscription could not be saved. Alfaro, upon explaining on how the house was ransacked, (the Paraaque police had earlier blamed house robbers as suspects), said that Ventura was looking for the front-door key and the car key. Biong was released from jail on November 30, 2010, after serving his sentence. But big offenses, such as rape or attempted rape, should be filed with the police or the prosecutors office. 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.
How Many Years Ago Was The 10th Century Bc,
Can You Get Food Poisoning From Chestnuts,
Articles T
