MANILA, Philippines - The Supreme Court has acquitted the main suspects in the much publicized Vizconde massacre case, ending their years of burden for being incarcerated in jail.
Rather than closing the case that has gripped the hearts of a grieving husband and father and the whole nation, it has further provoked many questions, including: Who really killed Estrellita Vizconde and her daughters Carmela and Jennifer?
Voting 7 for acquittal, 4 to uphold the lower court ruling, and 4 abstentions, the high court has allowed Hubert Webb, the son of a former senator, and other scions of influential families to be freed.
The acquittal ruling bars the filing of an appeal as per the doctrine of double jeopardy.
The others are: Antonio "Tony Boy" Lejano, son of actress Pinky de Leon; Michael Gatchalian and Miguel Rodriguez, sons of prominent lawyers; Peter Estrada, son of a wealthy businessman; Pyke Fernandez,
son of a retired commodore; Joey Filart, supposedly a relative of former Capital Region Command Chief Marino Filart, and Dong Ventura, son of a businessman.
Four magistrates inhibited: Associate Justices Antonio Carpio, Antonio Eduardo Nachura, Mariano del Castillo and Presbitero Velasco, Jr.
For many months, the nation waited for the decision of the Supreme Court following the failure of police authorities to present the one last evidence that could have further held Webb as the culpable party—the sperm specimen found in the body of Carmela.
The grieving man
The wait, however, was said to be more excruciating for the complainant. Lauro Vizconde found himself at a loss as to how such kind of carnage has befallen his family.
On the morning of June 30, 1991, the 47-year-old Estrellita, 18-year-old Carmela and 7-year-old Jennifer was found murdered in their home in BF Homes Subdivision in Paranaque.
It was only after 4 years that an eyewitness, Jessica Alfaro, emerged and gave context to the crime.
Alfaro, who was a confessed drug addict, submitted several testimonies that befuddled the minds of legal pundits, conspiracy theorists and film makers alike.
In the end, then Paranaque trial court Branch 274 Judge Amelita Tolentino gave credence to the issues raised by the prosecution including the relevance of Alfaro’s testimony.
The accused were convicted on January 6, 2000.
Alfaro’s testimony
Alfaro, who is now in the United States and married to one of her then bodyguards, testified that she was with the suspects on the night of June 29, 1991.
They had then finished a shabu session until they decided to go to Carmela’s house. Webb was supposedly smitten with the young lass and decided he would rape her.
Alfaro said she was tagged along because Estrellita only allowed her daughter to entertain female visitors. The group, in 3 different cars, had to go back and forth the subdivision waiting for the right moment to enter the Vizonde’s home. All had sniffed shabu with each turn.
Alfaro said she saw Webb follow Carmela while the others acted as lookouts. Estrellita was supposedly killed first before Webb raped Carmela.
Jennifer tried to stop Webb but was hurled to a wall and then later killed.
Estrellita had sustained 13 stab wounds, Carmela had 17 and Jennifer had 19.
After the carnage, Webb called policeman Gerardo Biong supposedly to clean their “mess.” Biong supposedly destroyed vital physical evidence such as the clothing and the bloodied bedsheets.
The charge sheet
The panel of prosecutors, which filed the case in 1995, said “neither can we discredit Alfaro merely because of the inconsistencies in her two sworn statements. In Angelo, the Court refused to discredit the testimony of a witness accusing therein petitioner for the slaying of one Gaviano Samaniego even though said witness failed to name Angelo in his affidavit which was executed five (5) months earlier. Granting, the Court continued, that a part of the witness' testimony is untrue, such circumstance is not sufficient to discredit the entire testimony of the witness."
On the defense’s rebuttal, the prosecution said “denial is a self-serving negative which cannot be given greater evidentiary weight than the declaration of a credible witness who testified on affirmative matters.”
Their alibis were supposedly weak, including Webb’s claims that he was miles away when the murders happened.
Departure stamps
The defense produced documents and presented 95 witnesses while the prosecution presented only 7 witnesses. The accused were meted out the penalty of reclusion perpetua.
They also lost the case before the Court of Appeals on December 16, 2005. This was affirmed on January 2007.
Dissenting opinions emerged there, however. They gave credence to Webb’s passport issued by the Bureau of Immigration which bears a departure stamp of March 9, 1991 and arrival stamp of October 27, 1992.
Webb also presented certifications from the US-INS Washington DC confirming his entry to the United States.
Then Justice Lucenito Tagle, who is now Comelec commissioner, said: “To hold an accused guilty as a co-principal of conspiracy, there must be sufficient and unbroken chain of events that directly and definitely links the accused to the commission of the crime without any space for baseless supposition or frenzied theories to filter through.”
Supreme Court
Legal wheels continued to turn after the SC announced it was deciding the case even without the DNA sample it had asked.
The lawyers of Webb filed contempt charges against the police authorities who supposedly lost the exculpatory evidence.
Fiscals, on the other hand, said that the same evidence is not anymore important considering the voluminous texts and other pieces of information they had submitted. Their case, of course, is anchored on their wins before the lower courts.
The controversy came to another peak when Biong was released from prison after having fully served his sentence.
The Volunteers Against Crime and Corruption, where Vizconde is a member, cried foul. It said Biong’s release from prison showcased of things to come.
The decision of the magistrates proved their fears.
Supreme Court acquits Webb, et al | ABS-CBN News | Latest Philippine Headlines, Breaking News, Video, Analysis, Features
Supreme Court acquits Webb, et al
Originally Posted by RMK711
Reply With Quote
Posting Permissions
