Indeed, her superior testified that she volunteered to play the role of a witness in the Vizconde killings when she could not produce a man she promised to the NBI. 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. All of these had been applied in acquitting the accused in the Vizconde case, which is contradictory to its earlier decision affirming the conviction of the Abadilla Five. Aug 5, 2008. It held that the acquittal of their co-accused does not necessarily benefit the appellants. 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. But her parents did not allow her to go. 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. When she could not produce the person, Sacaguing continued to press her saying that she might as well assume the role of her informant.. Hong Kong On January 4, 2000, the Regional Trial Court of Paranaque City rendered its judgement finding all the accused guilty as charged imposing a penalty of life imprisonment. Estrellita, Carmela and Jennifer Vizconde. Evid. But both the RTC and the CA rejected his defence ruling that his alibi cannot stand against Alfaros positive identification of him as the rapist and killer. 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. Lejano and Ventura also took turns raping Carmela, before finishing her off with numerous stabs. As already mentioned, the SC concluded Alfaro to be not a credible witness because she did not meet these two criteria. It is said that being elected president is a gift from God. September 7, 2010http://sc.judiciary.gov.ph/jurisprudence/2010/september2010/182555.htm A second movie, The Untold Story: Vizconde Massacre II May The Lord Be With Us, was released in 1994 and starred Vina Morales as Carmela and Joko Daz as an assailant. No. Vizconde Massacre: The hidden Truth. 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. (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. [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. Police assets are often criminals themselves. Like Herbas, court records had also shown that Alejo has been receiving money and free accommodation from the Abadillas. [47], On December 28, 2010, new witnesses have come forward accusing Hubert Webb and others of allegedly being behind the Vizconde massacre. [12] On July 24, 1997, the Supreme Court noted that Tolentino erred when she refused to admit the 132 pieces of evidence presented by the defense, although these were later admitted in court through an order issued by Tolentino.[12][16]. 185123/G.R. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. A news report on Thursday in Business Mirror that headlined Senate grills defense brass on plans for EDCA expansion, sites raised much curiosity for its sheer lack of detailed information. Similar to the accused in the Vizconde case, all the accused in the Abadilla case invoked their defence of alibi. The filming location took place in the actual home of the Vizconde's where the massacre took place on June 30, 1991. The film claims to have been based on new evidence from the then-ongoing trial. White was mistaken in saying that Gatchalian and company went in and out of the gated community many times, since they only entered once. As a result, the court reverses the decision of the Court of Appeals, and acquits Webb, et al. 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. God would be stupid to borrow Digongs words if He gifts him the vice presidency the second time around. The Vizconde massacre made headlines in the Philippines in the '90s and started a trend in filmmaking. 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. Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. 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. I became a villain in the eyes of the citizenry that was crying for blood; but I was steadfast. 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. 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. The Supreme Court acquitted them on Dec. 14, 2010. Originally, there were seven accused charged in this case. Since I was introduced to The STAR readers in the front page, Ill hit the ground running. Philstar Global Corp. All Rights Reserved. But feeling uneasy, she decided to go up to the stockroom near Hubert's room to see what he was doing. [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. 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". This is a violation of the duty of state." But Custodio admits this may be easier said than done. Subscribe to INQUIRER PLUS to get access to The Philippine Daily Inquirer & other 70+ titles, share up to 5 gadgets, listen to the news, download as early as 4am & share articles on social media. God does not teach us to retaliate. I was a barbarian in my college years at the University of the Philippines. No. The unconstitutionality of prior restraint. Equal protection of the law is fundamental in the countrys Constitution. 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. 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. For almost two decades, Filipinos have been mystified by the brutal 1991 killing of a mother and her two daughters. But the grieving father couldn't distinguish the truth from the lies. . Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. Your subscription could not be saved. No. The CA held that these ballistic results are inconclusive and can never prevail over appellants positive identification by eyewitness Freddie Alejo. 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. Those initially jailed for. Forensic evidence: In Vizconde case it cannot lie, in Abadilla case it is inconclusive. [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. Their claims were corroborated by witnesses who are disinterested parties, their relatives and friends and documentary evidence. Therefore, the applications of the SC on evaluating the defence of alibi of the accused have not been equally applied in these two cases. [6][7][8] The suspects said they were tortured and forced to confess to the crime before they were presented by Filart to the media. 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. Based on my findings, I defended Hubert in my column and in my radio and TV programs. It was hard to tell which made up the truth and the lies. On April 28, 1995, National Bureau of Investigations asset and self-confessed drug user Jessica Alfaro came forward to police authorities to shed light on the killing of the Vizconde family. 1. 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. By continuing, you are agreeing to our use of cookies. 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 court also said that it was "possible for Alfaro to lie" on the details of the case. Inconsistencies: In Vizconde case damages credibility, in Abadilla case does not. By providing an email address. 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. 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. 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. This was a case that was solved nine years after the murders and then unsolved 10 years later. InAbadilla case: The SC affirmed the CAs judgement as inconclusive the use of forensic evidence, for example, the fingerprints and ballistic test results, showing that none of the five accused had their fingerprints match to those extracted from the murder victims car. Theyre projecting Digong as a feeble old man still seeking power. Copyright 2023. The NBI is a special investigating body attached to the DoJ. All of us who have cases in court, dont we realize that if your opponent has money, brace yourself. A second movie, The Untold Story: Vizconde Massacre II, was released in 1994. Herbas had testified for the defence instead of the prosecution when the Abadilla did not fulfil his promise to give him (Herbas) exactly the same salary he was receiving and when he was told that he would no longer be presented as witness because the testimony of Alejo would be sufficient. Hubert Jeffrey Webb sought for an acquittal after he had found out that the NBI could no longer produce the DNA specimen extracted from the cadaver of the rape victim. [22], On October 8, 2010, Webb filed an urgent motion for acquittal. 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.
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