Hubert Webb is Acquitted

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Ligalig-Mike

Hubert Webb is Acquitted
« on: December 14, 2010, 11:58:05 AM »
By Tetch Torres
INQUIRER.net

The Supreme Court today acquitted Hubert Webb for the murder of Estrelita Vizconde, and daughters Carmela and Jennifer.

Webb is the son of former senator Freddie Webb.

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Ligalig-Mike

Re: Hubert Webb is Acquitted
« Reply #1 on: December 14, 2010, 12:03:11 PM »
by Abs-cbn

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.

Aside from Webb, 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.

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Romans 10:9
"That if you shall confess with your mouth the Lord Jesus, and shall believe in your heart that God has raised him from the dead, you shall be saved."


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Ligalig-Mike

Re: Hubert Webb is Acquitted
« Reply #2 on: December 14, 2010, 12:19:34 PM »
By GMA 7 News

Hubert Webb, the son of a former senator, and six others in the Vizconde massacre case, can now walk free from the New Bilibid Prison.

In a vote of 7-4-4 on Tuesday, the Supreme Court (SC) reversed two lower courts' findings that found him and eight others guilty of killing three members of the Vizconde family almost two decades ago.

While nine people may have been convicted, the court only took action on the seven of them. This is because the two others, Artemio Ventura ad Joey Filart, remain at large to this day.

According to SC spokesman Jose Midas Marquez, the court acquitted the seven "for the failure of the prosecution to rule their guilt beyond reasonable doubt," said Marquez.

"They are ordered released from detention unless for another lawful cause," said Marquez.

Aside from Webb, those acquitted were:
# Antonio Lejano;
# Michael Gatchalian;
# Miguel Rodriguez;
# Hospicio Fernandez;
# Peter Estrada, and
# former policeman Gerardo Biong.

Those who voted in favor of the acquittal were:
# Associate Justices Roberto Abad;
# Conchita Carpio-Morales;
# Diosdado Peralta;
# Lucas Bersamin;
# Jose Perez, and
# Ma. Lourdes Sereno.

Those who dissented were:
# Chief Justice Renato Corona;
# Associate Justices Martin Villarama;
# Teresita Leonardo-De Castro, and
# Arturo Brion.

Four justices inhibited themselves from the deliberations. They were:
# Associate Justices Antonio Carpio
# Eduardo Nachura
# Diosdado Peralta, and
# Mariano del Castillo.

Webb was accused of raping Carmela Vizconde, who was killed in her family's Parañaque home on June 30, 1991. Her mother, Estrellita, and sister, Jennifer, were also killed.

Webb was among the nine people convicted by Paranaque Regional Trial Court Branch 274 Presiding Judge Amelita Tolentino in January 2000 for the killings. The Court of Appeals upheld the conviction in December 2005.

Tolentino is now an Associate Justice of the Court of Appeals.

Webb then elevated the case to the Supreme Court and asked that a DNA analysis be conducted on a semen sample or vaginal smears taken from the body of victim Carmela Vizconde. – VVP, GMANews.TV

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Romans 10:9
"That if you shall confess with your mouth the Lord Jesus, and shall believe in your heart that God has raised him from the dead, you shall be saved."


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Lollapalooza

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Re: Hubert Webb is Acquitted
« Reply #3 on: December 14, 2010, 04:21:48 PM »

kalooy pod ni Mr. Vizconde...  :'( :'( :'( :'(  not only he lost his family but also the fight...

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Dot (.)

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Re: Hubert Webb is Acquitted
« Reply #4 on: December 14, 2010, 04:56:21 PM »


The guilty ones are still out there... somewhere...

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hofelina

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Re: Hubert Webb is Acquitted
« Reply #5 on: December 14, 2010, 08:51:29 PM »
Taman ra kita sa kalooy? Kon ako kining partido akong hotdon akong kwarta aron mokuha nako ang hustisya.

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bol-anon nga cebuano

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Re: Hubert Webb is Acquitted
« Reply #6 on: December 15, 2010, 01:06:52 AM »
actually it's acquittal day for the philippines. hayden kho is also acquitted by the cases filed against by former lover katrina halili.

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kan-ogong

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Re: Hubert Webb is Acquitted
« Reply #7 on: December 15, 2010, 05:07:12 AM »
Vizconde massacre timeline
 

MANILA, Philippines - June 30, 1991 – Night of the murder

Found dead inside their residence along Vinzons Street, BF Homes Subdivision, Parañaque City were Estrellita Vizconde, 47 (who suffered 13 stab wounds); Carmela Vizconde, 18 (17 stab wounds with evidence of rape); and Jennifer Vizconde, 7 (19 stab wounds).

Sept. 27, 1991 - Police invite 5 men for questioning

Southern Police District police invite 5 men for questioning after a witness near the Vizconde residence allegedly saw them before the massacre took place. Among them was Hubert Webb, son of then Congressman Freddie Webb. The other four were Cas Yap, Miguel Rodriguez, Michael Gatchalian and Randolf Nanong.

Oct. 20, 1991 - Five Vizconde slay suspects arrested

Five suspects in the killing are arrested: Ben Baydo, the alleged mastermind, Angelito Santos, Rolando Mendoza, Robert Barasso and his brother Bellardo Jr.       

June 14, 1993 - Vizconde Massacre solved; ‘brains,’ three others fall

Police finish investigation of the Vizconde case with the arrest of the suspected mastermind and three other suspects, two of them policemen.

Arrested are engineer Danilo Agwas, the alleged mastermind; SPO3 Angel Viaje, PO3 Rodolfo Colado and Ruben Pineda, a civilian.   

June 24, 1993 - PACC takes over probe

July 16, 1993 – DOJ dismisses case against second batch of suspects

The case against the second batch of suspects was based on extra-judicial confessions of accused Rodolfo Collado and Angel Viaje who claimed they were tortured by Parañaque police while under detention.

Aug. 16, 1995 – Fifth Vizconde suspect yields

Another principal suspect in the 1991 Vizconde Massacre surrenders to the police. Michael Gatchalian, 27, is the fifth suspect to be placed in police custody after Hubert Webb, Peter Estrada, Pyke Fernandez and Miguel Rodriguez.

Aug. 21, 1995 – Biong surrenders to NBI

Former Parañaque policeman Gerardo Biong, charged in court as an accessory to the murders, surrenders.

Biong was dismissed from the service by the National Police Commission in 1993 after he was found guilty of bungling the investigation by causing the destruction of evidence at the crime scene.

Sept. 4, 1995 – Webb and six others plead not guilty during arraignment

Dec. 14, 1995 - Webbs’ laundry woman new Vizconde witness

A former laundrywoman for the Webb family takes the stand as a witness for the prosecution. Mila Gaviola’s testimony centers on her claim that she washed a bloody shirt belonging to Hubert Webb, the morning after the murders.

Jan. 6, 2000 – RTC judge hands down verdict on Vizconde massacre case

Judge Amelita Tolentino hands down a 186-page decision declaring Hubert Webb and his co-accused Michael Gatchalian, Hospicio Fernandez, Peter Estrada, Antonio Lejano and Miguel Rodriguez guilty and sentences them to life in. They are also ordered to pay the Vizconde family P3 million in damages.

Biong is found guilty of tampering with evidence and sentenced to 15 years.

Dec. 15, 2005 - CA upholds ruling on Vizconde slays

The Court of Appeals (CA) upholds the decision of a Parañaque City court convicting Webb and the others accused of the massacre.

The CA also upholds Judge Tolentino’s ruling finding Biong guilty as an accessory.

Jan. 3, 2006 - Cop in Vizconde case seeks verdict reversal

Biong asks the Court of Appeals to reverse its decision.

Through his lawyer, Biong said the claims of star witness Jessica Alfaro that he had worked as a driver-employee of former Sen. Freddie Webb were based only on gossip.

Nov. 17, 2006 - SC grants Vizconde appeal more time

The Supreme Court grants the request of the CA for more time to review the pending motions for recommendations of those convicted for the massacre. Capital punishment was abolished earlier in the year.

April 22, 2010 - Supreme Court orders DNA testing in Vizconde slay case

Supreme Court orders the reopening of the case and grants the request of convicted killer Webb for the forensic examination of evidence.

In a resolution unanimously approved by the justices during their summer session in Baguio City, the SC grants Webb’s request for the DNA testing of the semen specimen taken from the body of rape-slay victim Carmela Vizconde.

April 23, 2010 - NBI executive orders physical inventory of evidence

A National Bureau of Investigation official has ordered a physical inventory of evidence in the Vizconde murder case following the SC’s order to reopen the case. But three days later the NBI admits it does not have the semen taken from the body of Carmela but that it had turned it over to the Parañaque RTC in 1996.

Earlier, the Parañaque court’s staff reported to the SC that the specimen is not in their custody.

Nov. 29, 2010 - Vizconde cop now a free man

Biong walks out of the New Bilibid Prisons a free man. Biong, 60, was among the 124 prisoners freed from NBP following the recommendation of Justice Secretary Leila de Lima.
Dec. 14, 2010 - SC acquits Webb, 6 others in Vizconde massacre

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Re: Hubert Webb is Acquitted
« Reply #8 on: December 15, 2010, 05:49:17 AM »
Taman ra kita sa kalooy? Kon ako kining partido akong hotdon akong kwarta aron mokuha nako ang hustisya.


 Manay, if i have the resources? I'll give them back a favor...

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fdaray

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Re: Hubert Webb is Acquitted
« Reply #9 on: December 15, 2010, 09:38:59 AM »
Sa akong evulation sa kaso, bug-at kaayo ang testimony sa mga witnesses especialy Jessica Alfaro.the house maid and Biong who voluntrily surrendered to the NBI .  I can't believe that Hubert WEbb and company are not guilty. But we can't do otherwise, to follow the highest court decission. However, the final verdict is in heaven.

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buwadsanga

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Re: Hubert Webb is Acquitted
« Reply #10 on: December 15, 2010, 10:56:27 AM »
this is the worst supreme court ever in our islands under the leadership of Corona a Gloria Arroyo tuta!!!

God may punish these unjustice justices!  >:( 

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Lollapalooza

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Re: Hubert Webb is Acquitted
« Reply #11 on: December 15, 2010, 10:59:15 AM »
actually it's acquittal day for the philippines. hayden kho is also acquitted by the cases filed against by former lover katrina halili.

maayo gani kay wala nila gi acquit pod ang mga AMPATUANS...(or basin naa pod sila balak)  :-X :-X :-X :-X

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bol-anon nga cebuano

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Re: Hubert Webb is Acquitted
« Reply #12 on: December 16, 2010, 06:04:00 AM »
maayo gani kay wala nila gi acquit pod ang mga AMPATUANS...(or basin naa pod sila balak)  :-X :-X :-X :-X
sunod mao na ang mahitabo unya mag riot dayon ang mga tawo. mao nay gustong mahitabo sa uban aron magubot ta nya i-declare dayon nga failure si noynoy.

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Raquelproud boholana

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Re: Hubert Webb is Acquitted
« Reply #13 on: December 16, 2010, 08:17:23 AM »
I was disappointed nga na acquit ang kaso kay murag klaro kwarta ang gamhanan. Nalooy ko ni Mr. Lauro Visconde. Worst jud ang supreme court sa Philippines and this made me think gikaulaw na nako atong hustisya sa atua wa nay lami. >:(

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Re: Hubert Webb is Acquitted
« Reply #14 on: December 16, 2010, 12:17:35 PM »
Mawad-an jud tanang taw sa Pilipinas ug pagsalig sa hustisya.
Ang hustisya sa Pilipinas para ra jud sa kabos kay wala may ikabayad sa mga buaya nga mga namuno-an.

Kong ako ug akong pamilya mabiktima (simbako lang) nya makahibalo ko kinsa ang mga responsably sa panghitabo, mas maayo siguro manabla lang ko kay sa mogasto ko ug kwarta sa abogado nya ang resulta desmayado.

Kabalo ko daghan mo supak sa akong opinion kay gibutang ang balaod sa akong kamot pero helpless ang mga biktima kong walay kwarta kay bayran ang hustisya.





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statesville

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Re: Hubert Webb is Acquitted
« Reply #15 on: December 16, 2010, 12:47:15 PM »
Kon kinsa gyud ang tinood nga  mga kriminal naa gawasnon lang gihapon,
  kasakit sa  dughan sa pamilya sa mga biktima  :(

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fdaray

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Re: Hubert Webb is Acquitted
« Reply #16 on: December 16, 2010, 12:51:43 PM »
Ang sunod nga e acquait nga caso sa Corte Suprema, ang Ampatuan Masaker. Si Trillanes gi acquait na .

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Re: Hubert Webb is Acquitted
« Reply #18 on: December 17, 2010, 02:26:21 AM »
Ang sunod nga e acquait nga caso sa Corte Suprema, ang Ampatuan Masaker. Si Trillanes gi acquait na .

 I don't see any problem on his case...They have to do, what they're supposed to do...Ang pag BULGAR sa KURAKOT nga sestima sulod sa military....

 Pero, sa kang VISCONDE ug kang arroyo? hhmmm,,,,

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Re: Hubert Webb is Acquitted
« Reply #19 on: January 02, 2011, 01:05:47 PM »
I was disappointed nga na acquit ang kaso kay murag klaro kwarta ang gamhanan. Nalooy ko ni Mr. Lauro Visconde. Worst jud ang supreme court sa Philippines and this made me think gikaulaw na nako atong hustisya sa atua wa nay lami. >:(

There's an old edict saying among those who love the law: It is better to set free a hundred criminals than to imprison a single innocent person.

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