Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. Like Alejo, Herbas also at first instance identified Joel de Jesus as one of the gunmen during a police line-up but later withdraw his statement in open court. They were victims of gory murder; Carmela was raped before she was killed. 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. It was based on the rule of the minority and not the majority as they (the SC justices) had enunciated in Fortich v. Lauro Vizconde: "Is there still anyone among you who doubts that there is rampant corruption in our government? I stand by my story. 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. 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 other accused were Artemio Dong Ventura, Michael A. Gatchalian, Hospicio Pyke Fernandez, Peter Estrada, Miguel Ging Rodriguez, and Joey Filart. ", 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. Sacaguing broke the guidelines in taking affidavits from witnesses. They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. He alleged that he could not forget Webb because Biong had allegedly threatened him, Do not cheat him. Policewoman Diaz even insulted Allan, saying he had no right to file the attempted rape complaint on behalf of the girl, because he was only the stepfather. Hubert argued that the specimen could exonerate him from the charge and support his defence that he did not rape the victim. Knowing this, I cannot but hesitate to swallow everything that Alejo said at the trial. I also updated them on the new twist in the investigation. He also ordered the Secretary of Justice Leila de Lima to study the possibility of giving compensation to Webb and others. 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. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. [29], The court said that "among the accused, Webb presented the strongest alibi". Envy aliens who can avoid PH; pity Pinoys who are stuck here. Vizconde murders - Wikipedia (adsbygoogle = window.adsbygoogle || []).push({}); Vizconde said he was optimistic about finding more witnesses.. No. 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. This is despite questions to his credibility for receiving money and enjoying privileges while he was in Abadillas custody and the existence of inconsistencies in his testimonies in open court. 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. With your meaningful insights, help shape the stories that can shape the country. Youd be surprised who the people are behind the call for his extension; some of them are top politicians. The Vizconde massacre: Justice not served - BusinessMirror 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." Lauro Vizconde on Thursday marks the 20th anniversary of the murders of his wife and two daughters at his residence in BF Homes, Paraaque City. Hell never return to the Philippines, said the Thai tourist whose cash was filched by Manila airport security personnel. [2] Two of the accused remain fugitives from the law: Joey Filart and Artemio Ventura. "I doubt that at this time, physical evidence will be available because a lapse of time has taken place, but that's the only way we can find the true killers." Run after Alfaro Apart from Alejo, earlier there was another witness, Merlito Herbas. Your subscription could not be saved. 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". God does not teach us to retaliate. The SC also held that it was possible for Alfaro to know the details about the Vizconde killings because she had prior access to the details that the investigators knew of the case. The San Jose police station eventually received and filed the complaint with the prosecutors office in Batangas City, only after my staff at Isumbong mo kay Tulfo told them Diazs arrogance would reach Camp Crame. LIKE me to support Mr. Vizconde He and six others spent 15 years in jail. The term dirty politics is appropriate for that kind of set-up. By her account, after a drug session with the group, Webb allegedly had hatched his plan to rape Carmela Vizconde. A police officer, Gerardo Biong, has also been charged for destroying the evidence at the crime scene. [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. Includes gruesome real photos from the crime scene. The case remained unsolved for almost four years until eyewitness, Jessica Alfaro Testified that Hubert Webb is the lead suspect and responsible of the crime committed. VIZCONDE MASSACRE CASE: This case is about the gang rape and murder of a 19-year-old woman, the murder of her 7-year-old sister and their mother on June 30, 1991 at their home in Paranaque City, Metro Manila. 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. I will be conferring with my lawyers about my future moves.. Alejo confirmed these two (2) as the persons he saw from his guard post walking to and fro before the shooting incident. 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. 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. [56][62][63][64] Dang claimed to have heard Dong Villadolid shouting at the top of his voice, saying they had raped and killed a certain Maria (presumed to be Maria Carmela Vizconde) and other persons. [57] The witnesses include an electrician, a drug dealer, a couple of neighborhood basketball players, a hairdresser and a village security guard. 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. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. The Untold Story: Vizconde Massacre II - May the Lord Be with Us! - IMDb 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. 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. 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. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. 3. 2. 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". The trial began in August 1995 before Paraaque RTC Judge Amelita Tolentino. 132577 People of the Philippines vs. Hubert Jeffrey P. Webb, 1999, G.R. 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. According to Rivera, Sacaguing was never part of the NBI team assigned to investigate the Vizconde massacre and that his former colleague took Alfaro's statement in April 1995 without the presence of a lawyer.
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