When the accused appealed the decision, the Court of Appeals (CA) affirmed the judgement of conviction by the RTC. To support this, Webb presented a Certification issued by the U.S. Immigration and Naturalization Service of August 31, 1995 confirming that his entry into that country was recorded. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. (1994) Details Release date June 24, 1993 (Philippines) Country of origin Philippines Languages English Filipino Tagalog Filming locations This column will tackle various topics on the days it will come out: Tuesday, Thursday and Saturday. [2] Alfaro said that policeman Gerardo Biong "was instructed by Webb, in my presence, to take care of the house where the incident happened". "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. 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. For there is no law requiring that the testimony of a simple [sic] witness should be corroborated for it to be accorded full faith and credit. Alfaro testified that as Webb followed Carmela into the dining room, she decided to step outside for a smoke. [50], On January 18, 2011, the Supreme Court denied Lauro Vizconde's motion to reverse the acquittal because of double jeopardy. She was the prosecutions worst possible choice for a witness. Only minor cases, like oral defamation and quarrel between neighbors, are handled by the barangay. 1 newspaper in terms of circulation and readership. 16:53. The massacre and surrounding events were depicted in the 1993 film The Vizconde Massacre Story (God Help Us!) [15] The accused alleged that by rejecting 132 of the 142 pieces of evidence, Tolentino had set the tone for their conviction. 124871, May 13, 2004. 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 . In their alibis, Joel de Jesus claimed he was driving his passenger tricycle in Fairview, Quezon City the whole day; for SPO2 Cesar Fortuna, he was at Camp Crame (headquarters of the Philippine National Police, PNP) for official business and his presence was also corroborated by two police officials whom he had transacted business with; for Augusto Santos, he was at the Jose Fabella Hospital in Sta. 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. 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 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. 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. 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. This is one of the most controversial and widely publicised massacre cases because of the involvement of the son of a former Philippine . [46], President Benigno Aquino III ordered the law enforcement agencies to re-investigate the case six months before the prescription period lapses. White, on the other hand, said he saw the three cars enter the subdivision on the night of June 29, as Alfaro had testified; White also testified that policeman Gerardo Biong was the first to arrive at the crime scene. Webb's travel documents and other paper trail of his stay in the US are unreliable proof of his absence in the Philippines at the time of the commission of the crime charged. Lorenzo delos Santos was acquitted due to lack of evidence, but the RTC, the CA and the SC ignored that fact that the same positive identification it invoked in convicting the Abadilla Five came from exactly the same testimonies that have been used to acquit Delos Santos. Two of the accused have also been acquitted by the RTC on the basis of their defence of alibis. 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". 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. De Lima also said seven new witnesses claimed they saw Webb in the country during the months of April, May and June 1991. Biong was released from jail on November 30, 2010, after serving his sentence. God does not teach us to retaliate. [4] In the Trial Court (People of the Philippines vs. Hubert Webb, et al., G.R. With your meaningful insights, help shape the stories that can shape the country. Lauro Vizconde the husband of Estrellita and father of Carmela and Jennifer, was in the United State on business when the murders took place. 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". 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. On the night of June 29, 1991, Asuncion was supposed to have a sleepover with Jennifer at the latters home in Paraaque City. 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. Acting solely on Alfaros testimony, the Department of Justice (DoJ) filed charges of rape with homicide against the eight accused on August 1995. The Supreme Court acquitted them on Dec. 14, 2010. Hence, it was not physically impossible for them to travel to Quezon City via the North Expressway at the time the crime took place; On Augusto Santos, the corroboration of his brother-in-law, Jonas Padel Ayhon, that he was at the Jose Fabella Hospital when the crime happened, the CA rejected his corroboration because he was not an impartial witness and ruled that where nothing supports the alibi than the testimony of a relative, it deserves scant consideration. One of the justices, Roberto Abad, who dissented the majority decision affirming the guilty verdict wrote: the public prosecutor 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. 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. 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. 4. It cannot be coached or allured by a promise of reward or financial support. That's all crap! A local elected official whos being groomed to run for a national office is being sold to the highest bidder by the politicians spouse. 185123/G.R. Vizconde should go after the national government. SC slams 'unbelievable' testimony of Vizconde massacre witness. Even if we were denied justice, I consoled them that at least people already know what really happened, he said. ", 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. 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. 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. InAbadilla case: The SC admitted the positive identification of witness Freddie Alejo when it considered him a credible witness. After 15 years behind bars, Hubert Webb and 5 others in the Vizconde massacre case (Manila-Philippines) were released from prison on Tuesday. 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." 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. 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 prosecutors, the RTC and the CA have been made aware of this fact by the defence. 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. 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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. Six months is not enough for him to clean up the Aegean stable that is the PNP. [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. No. 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. [5] The other defendants were convicted by the Paraaque Regional Trial Court, which the Court of Appeals affirmed. Hello friends! The CA rather held that positive and unequivocal declaration is sufficient to support a conviction which was affirmed by the SC. LIKE me to support Mr. Vizconde 121234 Hubert Webb et al. After she finished the laundry, she went to the servant's quarters. Vizconde is clinging to the hope that even if this period ended Thursday, more concerned citizens will approach the National Bureau of Investigation to corroborate claims made by new witnesses that Webb was seen in BF Homes, Paraaque City, at the time of the murders. Webb's reliance on the presumption of regularity of official functions, stressing the fact that the US-INS certifications are official documents, is misplaced. It is that simple. [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. Suspicions, no matter how strong they are, must never sway judgment. [54] He was laid to rest at Manila Memorial Park Sucat on February 17. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies.
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