haaaayyy..
Alfaro who took the place of the actual witness..
Spoiler!ATTY. ONGKIKO:
Q. Atty. Sacaguing, how did Jessica Alfaro become a witness in the Vizconde murder case? Will you tell the Honorable Court?
x x x x
A. She told me. Your Honor, that she knew somebody who related to her the circumstances, I mean, the details of the massacre of the Vizconde family. That’s what she told me, Your Honor.
ATTY. ONGKIKO:
Q. And what did you say?
x x x x
A. I was quite interested and I tried to persuade her to introduce to me that man and she promised that in due time, she will bring to me the man, and together with her, we will try to convince him to act as a state witness and help us in the solution of the case.
x x x x
Q. Atty. Sacaguing, were you able to interview this alleged witness?
WITNESS SACAGUING:
A. No, sir.
ATTY. ONGKIKO:
Q. Why not?
WITNESS SACAGUING:
A. Because Jessica Alfaro was never able to comply with her promise to bring the man to me. She told me later that she could not and the man does not like to testify.
ATTY. ONGKIKO:
Q. All right, and what happened after that?
WITNESS SACAGUING:
A. She told me, “easy lang kayo, Sir,” if I may quote, “easy lang Sir, huwag kayong…”
COURT:
How was that?
WITNESS SACAGUING:
A. “Easy lang, Sir. Sir, relax lang, Sir, papapelan ko, papapelan ko na lang ‘yan.”
x x x x
ATTY. ONGKIKO:
Q. All right, and what was your reaction when Ms. Alfaro stated that “papapelan ko na lang yan?”
WITNESS SACAGUING:
A. I said, “hindi puwede yan, kasi hindi ka naman eye witness.”
ATTY. ONGKIKO:
Q. And what was the reply of Ms. Alfaro?
WITNESS SACAGUING:
A. Hindi siya nakakibo, until she went away.
(TSN, May 28, 1996, pp. 49-50, 58, 77-79)
Quite significantly, Alfaro never refuted Sacaguing’s above testimony.
Laundrywoman who is not sure if it was June 30, 1991..
Spoiler!Mila Gaviola used to work as laundry woman for the Webbs at their house at BF Homes Executive Village. She testified that she saw Webb at his parents’ house on the morning of June 30, 1991 when she got the dirty clothes from the room that he and two brothers occupied at about 4.a.m. She saw him again pacing the floor at 9 a.m. At about 1 p.m., Webb left the house in t-shirt and shorts, passing through a secret door near the maid’s quarters on the way out. Finally, she saw Webb at 4 p.m. of the same day.[19]
On cross-examination, however, Gaviola could not say what distinguished June 30, 1991 from the other days she was on service at the Webb household as to enable her to distinctly remember, four years later, what one of the Webb boys did and at what time. She could not remember any of the details that happened in the household on the other days. She proved to have a selective photographic memory and this only damaged her testimony.
Gaviola tried to corroborate Alfaro’'s testimony by claiming that on June 30, 1991 she noticed bloodstains on Webb's t-shirt.[20] She did not call the attention of anybody in the household about it when it would have been a point of concern that Webb may have been hurt, hence the blood.
Besides, Victoria Ventoso, the Webbs' housemaid from March 1989 to May 1992, and Sgt. Miguel Muñoz, the Webbs' security aide in 1991, testified that Gaviola worked for the Webbs only from January 1991 to April 1991. Ventoso further testified that it was not Gaviola's duty to collect the clothes from the 2nd floor bedrooms, this being the work of the housemaid charged with cleaning the rooms.
What is more, it was most unlikely for a laundrywoman who had been there for only four months to collect, as she claimed, the laundry from the rooms of her employers and their grown up children at four in the morning while they were asleep.
And it did not make sense, if Alfaro’s testimony were to be believed that Webb, who was so careful and clever that he called Biong to go to the Vizconde residence at 2 a.m. to clean up the evidence against him and his group, would bring his bloodied shirt home and put it in the hamper for laundrywoman Gaviola to collect and wash at 4 a.m. as was her supposed habit.
Security guard who didn't even log Hubert's entry to the subdivision..
Spoiler!Normal E. White, Jr., was the security guard on duty at Pitong Daan Subdivision from 7 p.m. of June 29 to 7 a.m. of June 30, 1991. He got a report on the morning of June 30 that something untoward happened at the Vizconde residence. He went there and saw the dead bodies in the master’s bedroom, the bag on the dining table, as well as the loud noise emanating from a television set.[16]
White claimed that he noticed Gatchalian and his companions, none of whom he could identify, go in and out of Pitong Daan Subdivision. He also saw them along Vinzons Street. Later, they entered Pitong Daan Subdivision in a three-car convoy. White could not, however, describe the kind of vehicles they used or recall the time when he saw the group in those two instances. And he did not notice anything suspicious about their coming and going.
But White’s testimony cannot be relied on. His initial claim turned out to be inaccurate. He actually saw Gatchalian and his group enter the Pitong Daan Subdivision only once. They were not going in and out. Furthermore, Alfaro testified that when the convoy of cars went back the second time in the direction of Carmela’s house, she alone entered the subdivision and passed the guardhouse without stopping. Yet, White who supposedly manned that guardhouse did not notice her.
Surprisingly, White failed to note Biong, a police officer, entering or exiting the subdivision on the early morning of June 30when he supposedly “cleaned up” Vizconde residence on Webb’s orders. What is more, White did not notice Carmela arrive with her mom before Alfaro’s first visit that night. Carmela supposedly left with a male companion in her car at around 10:30 p.m. but White did not notice it. He also did not notice Carmela reenter the subdivision. White actually discredited Alfaro’s testimony about the movements of the persons involved.
Further, while Alfaro testified that it was the Mazda pick-up driven by Filart that led the three-vehicle convoy,[17] White claimed it was the Nissan Patrol with Gatchalian on it that led the convoy since he would not have let the convoy in without ascertaining that Gatchalian, a resident, was in it. Security guard White did not, therefore, provide corroboration to Alfaro’s testimony.
Justo Cabanacan, the security supervisor at Pitong Daan Subdivision testified that he saw Webb around the last week of May or the first week of June 1991 to prove his presence in the Philippines when he claimed to be in the United States. He was manning the guard house at the entrance of the subdivision of Pitong Daan when he flagged down a car driven by Webb. Webb said that he would see Lilet Sy. Cabanacan asked him for an ID but he pointed to his United BF Homes sticker and said that he resided there. Cabanacan replied, however, that Pitong Daan had a local sticker.
Cabanacan testified that, at this point, Webb introduced himself as the son of Congressman Webb. Still, the supervisor insisted on seeing his ID. Webb grudgingly gave it and after seeing the picture and the name on it, Cabanacan returned the same and allowed Webb to pass without being logged in as their Standard Operating Procedure required.[18]
But Cabanacan's testimony could not be relied on. Although it was not common for a security guard to challenge a Congressman’s son with such vehemence, Cabanacan did not log the incident on the guardhouse book. Nor did he, contrary to prescribed procedure, record the visitor’s entry into the subdivision. It did not make sense that Cabanacan was strict in the matter of seeing Webb’s ID but not in recording the visit.