The CA held that these ballistic results are inconclusive and can never prevail over appellants positive identification by eyewitness Freddie Alejo. 5. The AHRC is deeply concerned by the contradiction in the application of jurisprudence by the SC in these cases, particularly its ruling on positive identification, the credibility of witness and its appreciation of forensic evidence. The term dirty politics is appropriate for that kind of set-up. Please try again. 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 that, contrary to his alibi, released murder convict Hubert Webb never left the country. The trial of the case having been long concluded, the requirements of the law may have been satisfied, but not the demands of justice. One of the important pieces of evidence, which I presented to the court later, was the copy of an invoice issued to Hubert Webb on coincidence of coincidences! Tel: +(852) 2698 6339 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." [10] According to the footage of the trial, Alfaro had been able to identify all the defendants by their names. 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." 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. 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. She also testified that Biong received money at a house that she later learned belonged to then Paraaque Congressman Freddie Webb; the Webb family's maids, Mila Gaviola and Nerissa Rosales, who both testified that Hubert Webb was at home on June 30, 1991. Biong was released from jail on November 30, 2010, after serving his sentence. Based on my findings, I defended Hubert in my column and in my radio and TV programs. Published July 4, 2011 7:24pm. 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. I became a villain in the eyes of the citizenry that was crying for blood; but I was steadfast. InVizconde case: The SC has given weight to the importance of forensic evidence in a court trial. Jennifer Diaz, chief of the women and childrens desk, told Allan to file the complaint with the barangay where they reside. 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. The SC required this test as necessary before a testimony of positive identification could be accepted as credible and with merit. The SC rendered its judgment on the Abadilla case on September 7 and on the Vizconde case on December 14 of this year [2010]. 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. 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. Webb was the prime suspect of the infamous homicide that occurred on June 30, 1991. They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. 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. Executive M/Sgt. 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. 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. InAbadilla case: Both the RTC and the CA did not apply this test of credibility of a witness before accepting the testimony of Alejo. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. [61], The findings also point to another set of suspects, namely Dong Villadolid and his brother Bing. The women were found dead with multiple stab wounds and no witnesses, murder weapons or motive have been uncovered. Yes, but what can I do (?). TRUTH OUT, HEALING BEGINS. The Untold Story: Vizconde Massacre II - May the Lord Be with Us! 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. The trial began in August 1995 before Paraaque RTC Judge Amelita Tolentino. No. 182555/G.R. By continuing to browse the site, you are agreeing to our use of cookies. [29], For the alibi to be established "the accused must prove by positive, clear, and satisfactory evidence that he was present at another place at the time of the perpetration of the crime, and that it was physically impossible for him to be at the scene of the crime". It was based on the rule of the minority and not the majority as they (the SC justices) had enunciated in Fortich v. He alleged that Webb bought illegal drugs from him on two other occasions in May 1991. On October 1, 1996, Judge Amelita Tolentino admitted only 10 of the 142 pieces of evidence the defense presented. Be consoled that the truth will always come out, Hernandez advised Vizconde. 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". [56] According to De Lima, all the new witnesses passed the polygraph test. The AHRC urges the SC to thoroughly review the pending final appeal of the accused in the Abadilla case. From there she allegedly saw Lejano and Ventura take a knife from the kitchen drawer, while the rest of the gang acted as lookouts. 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. [11], The defense produced documents and presented 95 witnesses, including Hubert Webb himself and his father, along with other relatives and friends to support Webb's alibi that he was in the United States from March 9, 1991, to October 26, 1992. In a decision dated January 6, 2000, Paraaque Regional Trial Court Judge Amelita Tolentino convicted Webb and the co . The President has time and again said that he was very tired of running the country and, if he had his way, would have stepped down. The Supreme Court acquitted them on Dec. 14, 2010. The fight is not over. Hong Kong 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. [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. 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. 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. April 28, 1995 Jessica Alfaro presents herself as a witness and accuses Hubert Webb. The Supreme Court acquitted them on Dec. 14, 2010. 808 bound for New York and who expressed doubt on whether Hubert Webb was his co-passenger in the trip; NBI medico-legal Dr. Prospero Cabanayan, Belen Dometita and Teofilo Minoza, two of the Vizconde maids; and Manciano Gatmaitan, an engineer. It is that simple. [6], Alfaro's testimony coincided with the angle that was being explored by Supt. 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". I will kill you, brandishing a shiny revolver. Apart from Alejo, earlier there was another witness, Merlito Herbas. 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. The prescription period does not matter to me, its just a date, he said. The prosecution did not present him as their witness during the trial. 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. God would be stupid to borrow Digongs words if He gifts him the vice presidency the second time around. The presumption leaned on is disputable and can be overcome by evidence to the contrary. Shades of what happened in the 2004 elections, when a national official was paid a huge sum to run under a political party. Alibi cannot prevail over the positive identification of a credible witness [140].. 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. Movie producers and directors rode the wave of public outcry by creating true-to-life films based on such heinous crimes. He also claimed to have heard Hubert shout, Putang ina nyo!
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