Inconsistencies: In Vizconde case damages credibility, in Abadilla case does not. For those who havent heard aboutIsumbong, the public service program started at Radyo Veritas on June 1, 1991. :Isumbongwill make a comeback on PTV-4 on June 12, 2021. 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. With your meaningful insights, help shape the stories that can shape the country. Nephews had posted a banner declaring "Truth prevails 20 years after" and demanding "Final justice for the Vizconde massacre victims," in apparent reference to government probers' claims . Suspicions, no matter how strong they are, must never sway judgment. Hubert and his co-accused were convicted by the Paraaque Regional Trial Court for the crime on June 6, 2000. 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. 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. Call 896 6000. [51] On March 18, Hubert Webb filed a lawsuit against Jessica Alfaro for false testimony at the Paraaque Prosecutor's Office. 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. G/F, 52 Princess Margaret Road [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. [47], On December 28, 2010, new witnesses have come forward accusing Hubert Webb and others of allegedly being behind the Vizconde massacre. 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. 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. He then hurled the little girl to a wall and started stabbing her. The tapes were restored by IBM while being monitored by the National Computer Center. 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. [2] Alfaro said that policeman Gerardo Biong "was instructed by Webb, in my presence, to take care of the house where the incident happened". 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. Originally, there were seven accused charged in this case. [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. No. It is that simple. Published July 4, 2011 7:24pm. But I could not work there), Volunteers Against Crime and Corruption chairman. It is time to heal the past. On the contrary, it reopens it. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. This was how Lauro Vizcondes relatives summed it up on Thursday night after a Mass marking the 20th anniversary of the death of his wife Estrellita and daughters Carmela and Jennifer. December 14, 2010:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm Am I dismayed by the decision of the (Supreme Court)? G.R. Needless to say, were unpopular with the PNP and other government agencies that citizens transact business with. 4. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. 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 [54] He was laid to rest at Manila Memorial Park Sucat on February 17. Movie producers and directors rode the wave of public outcry by creating true-to-life films based on such heinous crimes. It was based on the rule of the minority and not the majority as they (the SC justices) had enunciated in Fortich v. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. Several jeepney drivers groups have called for an unprecedented one-week strike next week to demand extension of the deadline for phasing out traditional vehicles and replacing them with modern It will take over 200 years for women to be at par with men, a news report from Davos said. 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. Hello friends! The term dirty politics is appropriate for that kind of set-up. "[21], In April 2010, the Supreme Court approved DNA testing to be performed on the semen specimen obtained during autopsy from Carmela Vizconde. [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". 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. The men were released on Dec. 14 last year, after the Supreme Court dismissed the testimony of star witness Jessica Alfaro against Webb. Carpio testified for the defense during the trial. 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. Massacre era. Footnote: This article comprises the text of a statement issued by the Asian Human Rights Commission, AHRC-STM-266-2010, dated 21 December 2010. 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. 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. The 47-year-old Estrellita had 13 stab wounds. The NBI is the agency responsible in providing security and protection of witnesses admitted under WPP. With Romeo Vasquez, Elizabeth Oropesa, Robert Arevalo, Tommy Abuel. 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. Firstly, the SC held Alfaro was not a credible witness. It cannot be coached or allured by a promise of reward or financial support. TRUTH OUT, HEALING BEGINS. This is one of the most controversial and widely publicised massacre cases because of the involvement of the son of a former Philippine . The women were found dead with multiple stab wounds and no witnesses, murder weapons or motive have been uncovered. 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. She took advantage of her familiarity with these details to include in her testimony. 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. With the exception of Filart and Ventura who had been convicted in absentia the men were acquitted by the Supreme Court on December 14, 2010 for failure of the prosecution to prove guilt beyond reasonable doubt. This was a case that was solved nine years after the murders and then unsolved 10 years later. 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. However, keep in mind not to be vindictive. It strictly laid down these as the least requirement in evaluating the credibility of the claim of positive identification. Corona." Philstar Global Corp. All Rights Reserved. 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". 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. Shades of what happened in the 2004 elections, when a national official was paid a huge sum to run under a political party. In a 38-page strongly-worded decision promulgated on Tuesday, the . The Truth about Mendiola Massacre - Philippine True Crime Stories | Martin Rules. Eleazar, a strict disciplinarian, is probably the only PNP chief who is loved and respected by the citizenry. She observed Hubert was quite irritated, uneasy, and walked to and fro inside his room. Vizconde Massacre: The hidden Truth. Jennifer woke up and, seeing Webb violating her sister, jumped on him and bit him. May I invite you to watch?). (P.S. No two persons have the same DNA fingerprint, with the exception of identical twins. The other defendants were Antonio Lejano II, Hospicio Fernandez, Michael Gatchalian, Miguel Rodriguez, Peter Estrada, Joey Filart and Artemio Ventura. Alejo had been under the Abadillas custody and protection instead of that of the WPP of the government. It cautioned itself from accepting the testimonies of witnesses without applying these tests. 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. She said that when she entered Hubert's room, she saw him wearing only his pants, awake and smoking in bed. TV-14. ), 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. [18], In her decision, Tolentino described the testimony of defense witnesses as full of inconsistencies and biased. Therefore, the applications of the SC on evaluating the defence of alibi of the accused have not been equally applied in these two cases. X' key to real perpetrators of Vizconde murders? 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. They were sentenced to reclusion perpetua and ordered to indemnify the Vizconde family Php 3 million for the murders. 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. 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,. 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. I can't express enough how sad and unjust today's story. 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. Former Paraaque City cop Gerardo Biong walked free from the New Bilibid Prisons (NBP) in Muntinlupa City after serving a 12-year sentence. 176864. We have ruled that accused-appellant may not invoke the acquittal of the other conspirators to merit the reversal of his conviction for murder. 182555/G.R. October 1, 1996 Judge Amelita Tolentino of the Paraaque RTC rejected 132 of the defense's 142 pieces of evidence. On June 30, 1991, Estrellita Vizconde and her two daughters: Carmela and Jennifer, were found lifeless inside their home in Paraaque. 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. 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. [5] The other defendants were convicted by the Paraaque Regional Trial Court, which the Court of Appeals affirmed. Webb was the prime suspect of the infamous homicide that occurred on June 30, 1991. The majority of the justices also rejected as conjecture the argument of one of the dissenting justices, Martin Villarama Jr., that it would not have been impossible during the interregnum for Webb to travel back to the country and again fly to the US several times considering that the travel time on board an airline from the Philippines to San Francisco, and from San Francisco to the Philippines takes only about twelve (12) to fourteen (14) hours. Sison was ordered to desist from further investigating that angle by then Philippine National Police Capital Region Commander Marino Filart after six members of akyat bahay gang (burglars) were arrested by Regional Police Unit in October 1991. [6], Alfaro's testimony coincided with the angle that was being explored by Supt. 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 .

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