FACTS ON THE VIZCONDE MASSACRE

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.

Webb’s son, Hubert Jeffrey, is also the brother of a television host, Pinky, in one of the largest television
networks in the country. Webb’s co-accused, Antonio Lejano, is a son of a known singer and celebrity.
The other accused were Artemio “Dong” Ventura, Michael A. Gatchalian, Hospicio “Pyke” Fernandez,
Peter Estrada, Miguel “Ging” Rodriguez, and Joey Filart. A police officer, Gerardo Biong, has also been
charged for destroying the evidence at the crime scene.

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”. When she could not produce the person, Sacaguing continued to press her saying
that “she might as well assume the role of her informant.”

Acting solely on Alfaro’s testimony, the Department of Justice (DoJ) filed charges of rape with homicide
against the eight accused on August 1995. The DoJ also placed Alfaro under the Witness Protection
Program (WPP) during the trial period. The NBI is the agency responsible in providing security and
protection of witnesses admitted under WPP. The NBI is a special investigating body attached to the DoJ.

On January 4, 2000, the Regional Trial Court of Paranaque City rendered its judgment “finding all the
accused guilty as charged” imposing a penalty of life imprisonment. When the accused appealed the
decision, the Court of Appeals (CA) affirmed the judgment of conviction by the RTC. 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.

During the trial, accused Webb made a defense of alibi claiming that he was in the United States when
the massacre of the Vizcondes happened. 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”. But both the RTC and the CA rejected his defense ruling that his “alibi cannot
stand against Alfaro’s positive identification of him as the rapist and killer”.

On December 14, 2010, the SC rendered its decision on the appeals of the accused, questioning the
guilty verdict by the RTC and the CA. It took the trial and appeal process in this case fifteen years. The SC
acquitted all the accused, reversing and dismissing the guilty verdict of the RTC and the CA.

In our criminal justice system, what is important is, not whether the court entertains doubts about the
innocence of the accused since an open mind is willing to explore all possibilities, but whether it
entertains a reasonable, lingering doubt as to his guilt. For, it would be a serious mistake to send an
innocent man to jail where such kind of doubt hangs on to one’s inner being, like a piece of meat lodged
immovable between teeth.

SP RULING

WHEREFORE, the Court REVERSES and SETS ASIDE the Decision dated December 15, 2005 and
Resolution dated January 26, 2007 of the Court of Appeals in CA-G.R. CR-H.C. 00336 and ACQUITS
accused-appellants Hubert Jeffrey P. Webb, Antonio Lejano, Michael A. Gatchalian, Hospicio Fernandez,
Miguel Rodriguez, Peter Estrada and Gerardo Biong of the crimes of which they were charged for failure
of the prosecution to prove their guilt beyond reasonable doubt. They are ordered immediately
RELEASED from detention unless they are confined for another lawful cause.
WHEREFORE, this Court hereby finds all the principal accused GUILTY BEYOND REASONABLE DOUBT OF
THE CRIME OF RAPE WITH HOMICIDE AND HEREBY SENTENCES EACH ONE OF THEM TO SUFFER THE
PENALTY OF RECLUSION PERPETUA. This Court likewise finds the accused Gerardo Biong GUILTY
BEYOND REASONABLE DOUBT AS AN ACCESSORY AFTER THE FACT, AND HEREBY SENTENCES HIM TO
SUFFER AN IMPRISONMENT OF ELEVEN (11) YEARS, FOUR (4) MONTHS AND ONE (1) DAY TO TWELVE
(12) YEARS. In addition, the Court hereby orders all the accused to jointly and severally pay the victim’s
surviving heir, Mr. Lauro Vizconde, the following sums by way of civil indemnity: