Académique Documents
Professionnel Documents
Culture Documents
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* EN BANC.
105
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. Here, the State presented a medical expert who
testified on the existence of the specimen and Webb in fact sought
to have the same subjected to DNA test. For, another, when Webb
raised the DNA issue, the rule governing DNA evidence did not
yet exist, the country did not yet have the technology for
conducting the test, and no Philippine precedent had as yet
recognized its admissibility as evidence. Consequently, the idea of
keeping the specimen secure even after the trial court rejected the
motion for DNA testing did not come up. Indeed, neither Webb
nor his co-accused brought up the matter of preserving the
specimen in the meantime.
Criminal Law; Alibis and Denials; Judges; Impartiality; Not
all denials and alibis should be regarded as fabricated—indeed, if
the accused is truly innocent, he can have no other defense but
denial and alibi; A judge must keep an open mind, guarding
against slipping into hasty conclusion, often arising from a desire
to quickly finish the job of deciding a case—a positive declaration
from a witness that he saw the accused commit the crime should
not automatically cancel out the accused’s claim that he did not do
it; A lying witness can make as positive an identification as a
truthful witness can.—The trial court and the Court of Appeals
are one in rejecting as weak Webb’s alibi. Their reason is uniform:
Webb’s alibi cannot stand against Alfaro’s positive identification
of him as the rapist and killer of Carmela and, apparently, the
killer as well of her mother and younger sister. Because of this, to
the lower courts, Webb’s denial and alibi were fabricated. But not
all denials and alibis should be regarded as fabricated. Indeed, if
the accused is truly innocent, he can have no other defense but
denial and alibi. So how can such accused penetrate a mind that
has been made cynical by the rule drilled into his head that a
defense of alibi is a hangman’s noose in the face of a witness
positively swearing, “I saw him do it.”? Most judges believe that
such assertion automatically dooms an alibi which is so easy to
fabricate. This quick stereotype thinking, however, is distressing.
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For how else can the truth that the accused is really innocent
have any chance of prevailing over such a stone-cast tenet? There
is only one way. A judge must keep an open mind. He must guard
against slipping into hasty conclusion, often arising from a desire
to quickly finish the job of deciding a case. A positive declaration
from a witness that he saw the accused commit the crime should
not automatically cancel out the accused’s claim that he did not do
it. A lying witness can make as positive an identification as a
truthful witness can. The lying witness can also say as
forthrightly and unequivocally, “He did it!” without blinking an
eye.
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109
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112
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113
however, be fair, made in good faith, and “not spill over the walls
of decency and propriety.” And to enhance the open court
principle and allow the people to make fair and reasoned criticism
of the courts, the sub judice rule excludes from its coverage fair
and accurate reports (without comment) of what have actually
taken place in open court.
Same; Same; Same; Due Process; The resulting (but
temporary) curtailment of speech because of the sub judice rule is
necessary and justified by the more compelling interests to uphold
the rights of the accused and promote the fair and orderly
administration of justice.—In sum, the court, in a pending
114
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115
116
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123
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because bad faith was not shown by the prosecution or the trial
judge. However, since “the task of the pillars of the criminal
justice system is to preserve our democratic society under the rule
of law, ensuring that all those who appear before or are brought to
the bar of justice are afforded a fair opportunity to present their
side,” the measure of whether the accused herein has been
deprived of due process of law should not be limited to the state of
mind of the prosecution, but should include fundamental
principles of fair play. Hence, as we write finis to this case, it is
time we evaluate the total picture that the prosecution’s acts or
omissions have wrought upon the accused’s rights with each
seemingly innocuous stroke, whatever its intention may have
been. The various violations of the accused’s rights have resulted
in his failure to secure a just trial. As such, the judgment of
conviction cannot stand.
ABAD, J.:
Brief Background
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125
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126
Issues Presented
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127
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8 People v. Yatar, G.R. No. 150224, May 19, 2004, 425 SCRA 504, 514.
9 Supra note 7.
10 488 U.S. 41 (1988).
11 Webb v. De Leon, G.R. No. 121234, August 23, 1995, 247 SCRA 652;
Webb v. People, G.R. No. 127262, July 24, 1997, 276 SCRA 243.
129
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Alfaro’s Story
engine but she did not know where to go. Webb, Lejano,
and Ventura came out of the house just then. Webb
suddenly picked up a stone and threw it at the main door,
breaking its glass frame.
As the three men approached the pedestrian gate, Webb
told Ventura that he forgot his jacket in the house. But
Ventura told him that they could not get in anymore as the
iron grills had already locked. They all rode in their cars
and drove away until they reached Aguirre Avenue. As
they got near an old hotel at the Tropical Palace area,
Alfaro noticed the Nissan Patrol slow down. Someone
threw something out of the car into the cogonal area.
The convoy of cars went to a large house with high
walls, concrete fence, steel gate, and a long driveway at BF
Executive Village. They entered the compound and
gathered at the lawn where the “blaming session” took
place. It was here that Alfaro and those who remained
outside the Vizconde house learned of what happened. The
first to be killed was Carmela’s mother, then Jennifer, and
finally, Carmella. Ventura blamed Webb, telling him,
“Bakit naman pati yung bata?” Webb replied that the girl
woke up and on seeing him molesting Carmela, she jumped
on him, bit his shoulders, and pulled his hair. Webb got
mad, grabbed the girl, pushed her to the wall, and
repeatedly stabbed her. Lejano excused himself at this
point to use the telephone in the house. Meanwhile, Webb
called up someone on his cellular phone.
At around 2:00 in the morning, accused Gerardo Biong
arrived. Webb ordered him to go and clean up the Vizconde
house and said to him, “Pera lang ang katapat nyan.” Biong
answered, “Okay lang.” Webb spoke to his companions and
told them, “We don’t know each other. We haven’t seen
each other…baka maulit yan.” Alfaro and Estrada left and
they drove to her father’s house.12
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133
what was right? No. She was, at the time she revealed her
story, working for the NBI as an “asset,” a stool pigeon, one
who earned her living by fraternizing with criminals so she
could squeal on them to her NBI handlers. She had to live a
life of lies to get rewards that would pay for her subsistence
and vices.
According to Atty. Artemio Sacaguing, former head of
the NBI Anti-Kidnapping, Hijacking, and Armed Robbery
Task Force (AKHAR) Section, Alfaro had been hanging
around at the NBI since November or December 1994 as an
“asset.” She supplied her handlers with information
against drug pushers and other criminal elements. Some of
this information led to the capture of notorious drug
pushers like Christopher Cruz Santos and Orlando
Bacquir. Alfaro’s tip led to the arrest of the leader of the
“Martilyo gang” that killed a police officer. Because of her
talent, the task force gave her “very special treatment” and
she became its “darling,” allowed the privilege of spending
nights in one of the rooms at the NBI offices.
When Alfaro seemed unproductive for sometime,
however, they teased her about it and she was piqued. One
day, she unexpectedly told Sacaguing that she knew
someone who had the real story behind the Vizconde
massacre. Sacaguing showed interest. Alfaro promised to
bring that someone to the NBI to tell his story. When this
did not happen and Sacaguing continued to press her, she
told him that she might as well assume the role of her
informant. Sacaguing testified thus:
ATTY. ONGKIKO:
134
135
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)
table. He said he was looking for the front-door key and the
car key.
Again, this portion of Alfaro’s story appears tortured to
accommodate the physical evidence of the ransacked house.
She never mentioned Ventura having taken some valuables
with him when they left Carmela’s house. And why would
Ventura rummage a bag on the table for the front-door key,
spilling the contents, when they had already gotten into
the house. It is a story made to fit in with the crime scene
although robbery was supposedly not the reason Webb and
his companions entered that house.
c. It is the same thing with the garage light. The police
investigators found that the bulb had been loosened to turn
off the light. The confessions of the Barroso gang claimed
that one of them climbed the
parked car’s hood to reach up and darken that light.
This made sense since they were going to rob the place and
they needed time to work in the dark trying to open the
front door. Some passersby might look in and see what they
were doing.
137
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13 TSN, August 6, 1996, pp. 13-41; TSN, May 22, 1997, pp. 72, 81-131,
142-157; Exhibits “274” and “275”.
138
that she got scared (another shift to fear) for she hurriedly
got out of the house after Webb supposedly gave her a
meaningful look.
Alfaro quickly went to her car, not minding Gatchalian,
Fernandez, Estrada, Rodriguez, and Filart who sat on the
car or milled on the sidewalk. She did not speak to them,
even to Estrada, her boyfriend. She entered her car and
turned on the engine but she testified that she did not
know where to go. This woman who a few minutes back led
Webb, Lejano, and Ventura into the house, knowing that
they were decided to rape and harm Carmela, was
suddenly too shocked to know where to go! This emotional
pendulum swing indicates a witness who was confused
with her own lies.
4. The supposed corroborations
Intending to provide corroboration to Alfaro’s testimony,
the prosecution presented six additional witnesses:
Dr. Prospero A. Cabanayan, the NBI Medico-Legal
Officer who autopsied the bodies of the victims, testified on
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14 Exhibits “G” to “G-2”, “Q” to “R”, “V”, “W” and “X”, Records, Vol. 8,
pp. 308-310, 323-324, 328-330.
15 Exhibits “H” to “K”, Records, Vol. 8, pp. 311-315; TSN, January 30,
1996, pp. xx.
16 TSN, March 25, 1996, pp. 8-14, 17-34.
141
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.
_______________
17 TSN October 10, 1995, pp. 97-98 (Records, Vol. 4, pp. 271-272).
142
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143
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144
_______________
146
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147
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31 TSN, June 3, 1997, pp. 14-33; photograph before the concert Exhibit
“295,” Records (Vol. 2), p. 208.
32 TSN, April 23, 1997, pp. 128-129, 134-148.
33 TSN, April 30, 1997, pp. 69-71.
34 TSN, June 2, 1997, pp. 51-64, 75-78.
35 TSN, June 16, 1997, pp. 12, 16-38, 43-59 and 69-93.
36 Exhibits “305”.
37 Exhibits “306” and “307”.
38 Exhibits “344” and “346”.
39 Exhibits “244”, “245” and “246”.
40 TSN, July 16, 1997, pp. 35, 41-42, 48-49, 58, 61-62.
41 TSN, July 16, 1996, pp. 16-17, 23-32, 61-63, 78-84.
148
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149
_______________
53 Exhibit “212-D”.
54 Exhibit “261”.
55 Exhibit “260”.
56 TSN, June 23, 1997.
150
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152
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58 People v. Saban, G.R. No. 110559, November 24, 1999, 319 SCRA 36,
46.
59 Rollo (G.R. 176839), pp. 216-217.
153
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154
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155
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Conclusion
CONCURRING OPINION
CARPIO-MORALES, J.:
157
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158
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159
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4 Rollo (G.R. No. 176389), pp. 393-399 and Rollo (G.R. No. 176864), pp.
80-104.
160
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161
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7 Resolution dated January 26, 2007, Rollo (G.R. No. 176839), pp. 197-
214. The resolution was penned by Justice Rodrigo V. Cosico, with the
concurrence of Justices Regalado E. Maambong and Normandie B.
Pizarro. Justices Renato C. Dacudao and Lucenito N. Tagle, dissented.
8 A.M. 06-11-5-SC effective October 15, 2007. Section 4 states:
Application for DNA Testing Order.—The appropriate court may, at
any time, either motu proprio or on application of any person who has a
legal interest in the matter in litigation, order a DNA testing. Such order
shall issue after due hearing and notice to the parties upon a showing of
the following:
a. A biological sample exists that is relevant to the case;
b. The biological sample:
(i) was not previously subjected to the type of DNA testing now
requested; or
(ii) was previously subject to DNA testing, but the results may require
confirmation for good reasons;
c. The DNA testing uses a scientifically valid technique;
d. The DNA testing has the scientific potential to produce new
information that is relevant to the proper resolution of the case; and
e. The existence of other factors, if any, which the court may consider
as potentially affecting the accuracy or integrity of the DNA testing.
This rule shall not preclude a DNA testing, without need of a prior
court order, at the behest of any party, including law enforcement
agencies, before a suit or proceeding is commenced.
162
show that the specimen was among the object evidence that
was offered in evidence in the case by any of the parties. It
was in light of this development that accused Webb filed an
urgent motion to acquit on the ground that the
government’s failure to preserve such vital evidence has
resulted in the denial of his right to due process.
In the draft decision prepared by Justice Martin S.
Villarama as a basis of this Court’s deliberation, the
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9 People v. Pringas, G.R. No. 175928, August 31, 2007, 531 SCRA 828.
10 People v. De Guzman, G.R. No. 173197, April 24, 2007, 522 SCRA
207.
163
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11 Siao Tick Chong v. Republic, No. L-22151, March 30, 1970, 32 SCRA
253, 258.
12 37 N.J. Eq. 130, 132. Cited in Salonga, Philippine Law on Evidence,
774 (1964) and VIII Francisco, The Revised Rules Of Court In The
Philippines, 458-459 (1997).
13 January 4, 2000 RTC Decision, p. 74.
14 Vide TSN, October 18, 1995, pp. 105-106.
15 TSN, October 23, 1995, pp. 6-9.
16 Id., at pp. 25-27.
164
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17 Id., at pp. 35-36; TSN, October 10, 1995, pp. 80-96, 156-163.
18 35 N.Y.U.L. Rev. 259 (1960)
19 Ibid.
20 Vide 98 C.J.S. 348.
21 Vide People v. Lewis, 25 Ill. 2d 396, 185 NE 2d 168 where the
Supreme Court of Illinois ruled:
The question of whether a witness is a narcotics addict is an important
consideration in passing upon the credibility of a witness for, as we have
stated, the testimony of a narcotics addict is subject to suspicion due to
the fact that habitual users of narcotics become notorious liars. (citations
omitted)
In People v. Perkins, 26 Ill 2d 2300, 186 NE 2d 330 (1962) , the
Supreme Court of Illinois said:
The defendant contends that the trial court erred in finding him guilty
on the basis of the uncorroborated testimony of a drug addict who was the
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only witness to the alleged crime, and further urges that the evidence as a whole does not
prove him guilty beyond a reasonable doubt. We have repeatedly held that the fact that a
upon his credibility and, while his position is not that of an accomplice, the situation is
such a witness, recognizing the fact that habitual users of narcotics become notorious
liars and that their testimony is likely to be affected thereby. (Citations omitted;
emphasis supplied)
166
Atty. M. Ongkiko:
Q: Yes. They could lie on the persons they go out with?
Witness Dr. Rey San Pedro:
A: Yes, Sir.
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Atty. M. Ongkiko:
Q: They could lie on the persons they meet?
Witness Dr. Rey San Pedro:
A: Yes, Sir.
Atty. M. Ongkiko:
Q: They could lie on the persons from whom they allegedly get the
drugs?
Witness Dr. Rey San Pedro:
A: Yes, Sir.
Atty. M. Ongkiko:
Q: Is it not correct, Doctor, that the tendency of a drug dependent is to
hide the identity of the drug suppliers. Is this correct?
Witness Dr. Rey San Pedro:
A: This is our experience. I have not encountered a patient who would
tell you where they get their supply.
Atty. M. Ongkiko:
Q: Who would tell you the correct name of the drug supplier?
Witness Dr. Rey San Pedro:
A: Yes, Sir.
Atty. M. Ongkiko:
Q: And who would tell you the correct address of the drug supplier,
correct?
Witness Dr. Rey San Pedro:
A: Correct.
Atty. M. Ongkiko:
Q: Their tendency is to give you misleading information, correct?
Witness Dr. Rey San Pedro:
A: Yes, Sir.
Atty. M. Ongkiko:
Q: Now, would a drug dependent on shabu lie for money?
167
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168
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169
“x x x x
b. Cocaine—Cocaine is a powerful cortical stimulant which
causes a state of euphoric excitement and varying degrees of
pleasurable hallucinations. Under its influence, a person
experiences sensations of great muscular and mental strength
and overestimates his capabilities. He is truly, at least while
under the drug’s influence, in an “unreal” or “dream world,”
and the majority exception of admitting impeaching testimony
where the witness was under the influence of the drug at the time
of perception or testifying seems clearly sustainable in medical
evidence.
Over time, cocaine produces on the addict a degree of physical
and mental deterioration not found in connection with the use of
opiates. The cocaine addict is not a normal person; many, in fact,
become paranoids and suffer from feelings of persecution. Visual,
auditory and tactual hallucinations are common, as are digestive
tract disorders, and occasionally convulsions.
It would seem to follow that, so far as medical evidence is
concerned, expert testimony should be admissible to impeach the
cocaine addict. Both in its long-run effect of organic deterioration
and in its short run influence, the drug severs the user’s contact
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Atty. Ongkiko:
Q: Why, why so?
Witness Velasco:
A: Because he is not in his state of mind.
Atty. Ongkiko:
Q: Well, what about the capacity to lie, Governor?
Witness Velasco:
A: Well, the capacity to lie may be very great, Your Honor.
Atty. Ongkiko:
Q: Well, because, you know, for maintaining or for in order to get money, they
will lie.”
(underscoring supplied)
170
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25 BURRUS AND MARKS TESTIMONIAL RELIABILITY OF DRUG ADDICTS 35 N.Y.U.L. Rev. 259, 262-
171
Witness Sacaguing:
A We gave her very special treatment. So, we consider her already the
darling of the group because she was giving us good projects and
she loved it.
Atty. Ongkiko:
Q What do you mean by she loved it, she loved what?
Witness Sacaguing:
A She liked being treated that way.
Atty. Ongkiko:
Q Now tell the Honorable Court, was there ever any time where the
group got tired of giving Ms. Alfaro the VIP treatment?
x x x x
Atty. Ongkiko:
All right, Atty. Sacaguing, how long did you give Ms. Alfaro this
VIP treatment?
Witness Sacaguing:
A Well, she was always there and we treated her very nicely, but later
on, about . . . after the lapse of about one or two weeks, the boys, I
mean, my associates in my team, began teasing her because she
could not give us any project anymore.
Atty. Ongkiko:
Q What do you mean by projects, leads?
Witness Sacaguing:
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Atty. Ongkiko:
Q She seemed to have been what?
Witness Sacaguing:
A Piqued, yes, “napikon”.
Atty. Ongkiko:
Q I see, piqued.
Witness Sacaguing:
A Piqued.
Atty. Ongkiko:
Q Piqued. Ano yun, napikon?
Court:
p i c q u e d. (underscoring in the original)
Atty. Ongkiko:
Q And when she was piqued or “napikon”, what did she say or what
did she do?
x x x x
Atty. Ongkiko:
x x x x
Q Atty. Sacaguing, how did Jessica Alfaro become a witness in the
Vizconde murder case. Will you tell the Honorable Court?
Witness Sacaguing:
A She told me, she knew somebody who . . .
Court:
Face the Court.
Witness Sacaguing:
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 us,
Your Honor.
Atty. Ongkiko:
Q And what did you say?
Please look at the Court.
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Witness Sacaguing:
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.
Atty. Ongkiko:
Q Did she ever bring to you or to your office this man that, according
to her, knew about the Vizconde murder case?
x x x x
Atty. Ongkiko:
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:
Q How was that?
Witness Sacaguing:
A “Easy lang, Sir. Sir, relax lang, Sir, papapelan ko yan, papapelan ko
na lang yan.”
Atty. Ongkiko:
Q And what did you understand by her statement as you quoted it?
Witness Sacaguing:
A I thought it . . .
174
Prosecutor Zuño:
Objection, Your Honor, that is asking for the opinion of this witness,
Your Honor.
Court:
Reform your question.
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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 pwede 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.
Atty. Ongkiko:
Q She what?
Witness Sacaguing:
A She went away, she went out of my office.
Court:
You speak clearly, Mr. Witness, I could hardly get you.
Witness Sacaguing:
A She did not answer anymore, Your Honor. She just went out of the
office.
x x x x26 (emphasis and underscoring supplied)
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Court:
Q When was that?
Witness Alfaro:
A: About October of 1994.
Court:
Q What prompted you to finally reveal what you have witnessed?
Witness Alfaro:
A: Well, when I started having these nightmares about my daughter
instead of that Jennifer that I see in my dreams. It’s my daughter
whom I see crying, and that triggered me, and then I got out from
drugs, and then it came to the point when I saw them accidentally,
so, that’s the thing which triggered me, Your Honor.
Court:
Q: Any other reason?
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Witness Alfaro:
A: Those are my main reasons.
Court:
Q: Is that your principal reason?
Witness Alfaro:
A: I wanted to change my life already.27 (underscoring supplied)
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cabinet and drawers inside the house, take and carry away
therefrom, the following pieces of personal property:
P140,000.00 in cash
Four (4) necklace
Five (5) rings
Two (2) bracelets
Two (2) pairs of earings
belonging to Mr. and Mrs. Lauro Vizconde of the total
value of Two Hundred Thousand (P200,000.00) Pesos,
Philippine currency to the damage and prejudice of said
owners in the said total sum, and that on the occasion of the
said Robbery and for the purpose of enabling them to take,
steal, and carry away the articles above-mentioned herein
accused, in pursuant of their conspiracy, did then and there
willfully, unlawfully and feloniously and with evident
premeditation and taking advantage of their superior
number and strength and with intent to kill, treacherously
attack, assault, stab and use personal violence upon
JENNIFER NICOLAS VIZCONDE thereby inflicting upon
her multiple stab wounds in different parts of her body thus
causing her instantaneous death.
Contrary to law.
2) Criminal case No. 91-7136 (for the rape with homicide of
Carmela Nicolas Vizconde filed by ACSP Aurelio C. Trampe with
the same RTC, Branch 63, on November 11, 1919) also against the
same accused. It alleged:
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out of the blue, hurled it at the glass-paneled front door of the Vizconde
residence. His action really made no sense. From Alfaro’s narration, Webb
appeared rational in his decisions. It was past midnight, the house was
dark, and they wanted to get away quickly to avoid detection. Hurling a
stone at that glass door and causing a tremendous noise was bizarre, like
inviting the neighbors to come.
b. The crime scene showed that the house had been ransacked. The
rejected confessions of the Barroso “akyat-bahay” gang members said that
they tried to rob the house. To explain this physical evidence, Alfaro
claimed that at one point Ventura was pulling a kitchen drawer, and at
another point, going through a handbag on the dining table. He said he
was looking for the front-door key and the car key.
Again, this portion of Alfaro’s story appears tortured to accommodate
the physical evidence of the ransacked house. She never mentioned
Ventura having taken some valuables with him when they left Carmela’s
house. And why would Ventura rummage a bag on the table for the front-
door key, spilling the contents, when they had already gotten into the
house. It is a story made to fit in with the crime scene although robbery
was supposedly not the reason Webb and his companions entered that
house.
c. It is the same thing with the garage light. The police investigators
found that the bulb had been loosed to turn off the light. The confessions
of the Barroso gang claimed that one of them climbed the parked car’s
hood to reach up and darken that light. This made sense since they were
going to rob the place and they needed time to work in the dark trying to
open the front door. Some passersby might look in and see what they were
doing.
Alfaro had to adjust her testimony to take into account that darkened
garage light. So she claimed that Ventura climbed the car’s hood, using a
chair, to turn the light off. But, unlike the Barroso “akyat-bahay” gang,
Webb and his friends did not have anything to do in a darkened garage.
They supposedly knew in advance that Carmela left the doors to the
kitchen open for them. It did not make sense for Ventura to risk standing
on the car’s hood and be seen in such an awkward position instead of
going straight into the house.
29 G.R. Nos. 121039-45, January 25, 1999, 302 SCRA 21.
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rape of
Carmela.
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Witness Mercvader:
A Just for few minutes, Your Honor.
Atty. Ongkiko:
Q And after she read the statement, what happened next?
Witness Mercader:
A Well, she signed the statement and afterwards, I also affixed my
signature on it, Your Honor.
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187
x x x x
Atty. Aguirre:
Q While assisting Jessica Alfaro, did you notice any action on the part
of anybody which pressured Jessica Alfaro to finish her statement?
Witness Mercader:
A No, Your Honor, none that I have noticed. If I did, I would have
objected to.31
x x x x
Prosecutor Zuno:
Q And that, I believe, to your own perception, at that time she was
giving the facts, the answer, in accordance with her recollection?
x x x x
Witness Mercader:
A Your Honor, at that time what I noticed only was the spontaneity of
the answers of Jessica. Of course, I could not tell whether from
where Jessica was basing it. From the recollection or from a
memorize script, I do not know, Your Honor, about that. But
definitely, whenever she was asked a question, she answers them
readily as if she knows the answer personally.32 (emphasis and
underscoring supplied)
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“x x x x
[T]he issue of the right of petitioners to cross-examine Jessica
Alfaro on the alleged inconsistencies between her first and second
affidavits is too crucial to be simply brushed aside with a
perfunctory application of the general rule adverted to in the
preceding paragraphs. It may bring about a failure of justice.
Consequently, we consider the actuations of respondent judge in
this regard to be reviewable by certiorari under rule 65 of the
Rules of Court. (Emphasis and underscoring supplied)
Under Section 11, Rule 132 of the Rules of Court, an adverse
party’s witness may be impeached (1) by contradictory evidence;
(2) by evidence that his general reputation for truth, honesty, or
integrity is bad; (3) by evidence that he has made at other
times statement inconsistent with his present testimony;
and (4) by producing the record of his conviction of an offense.
Insofar as impeachment by evidence of prior inconsistent
statements however, under Section 13 of the same Rule 132, a
proper foundation must first be laid, in that, the attention of the
witness should first be called to such statements, and he should
be asked whether or not he made them, and afforded an
opportunity for explanation, or affirmance, or denial of the
authenticity of the writing.” (emphasis and underscoring in the
original)
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35 People v. Rodrigo, G.R. No. 176159, September 11, 2008, 564 SCRA
584, 586.
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40
41 People v. Tajada, G.R. No. 147200, December 17, 2002, 394 SCRA
159, 166; Monteverde v. People, G.R. No. 139610, August 12, 2002, 387
SCRA 196, 215.
42 People v. Abellanosa, G.R. No. 121195, November 27, 1996, 264
SCRA 722, 746-747.
43 People v. Peruelo, No. L-50631, June 29, 1981, 105 SCRA 226-238.
44 People v. Domingo, G.R. No. 184958, September 17, 2009, 600 SCRA
280.
45 G.R. Nos. 138874-75, February 3, 2004, 421 SCRA 530.
192
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2 A.M. No. RTJ-02-1698, June 23, 2005, 461 SCRA 12, 24-25, citing
Choa v. Chiongson, A.M. No. MTJ-95-1063, August 9, 1996, 260 SCRA
477, 484-485.
3 Law Reform Commission—New South Wales, Discussion Paper 43
(2000)—Contempt by Publication,
http://www.lawlink.nsw.gov.au/lrc.nsf/pages/dp43chp02, last visited
December 9, 2010.
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197
_______________
198
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DISSENTING OPINION
The Case
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The Facts
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203
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9 TSN, October 10, 1995, pp. 79-81 and 93-99 (Records, Vol. 4, pp. 253-
255, 267-273).
10 TSN, October 18, 1995, pp. 18-19, 27-40, 54 and 62-63 (Records, Vol.
4, pp. 943-944, 953-966, 980 and 988-989); TSN, October 30, 1995, pp. 27-
29 (Records, Vols. 5 & 6, pp. 900-902); TSN, November 8, 1995, pp. 91,
114, 117-118 (Records, Vol. 6, pp. 395, 418 and 421-422); TSN, October 16,
1995, pp. 142-143 (Records, Vol. 4, pp. 694-695); Exhibit “A”, Records, Vol.
8, p. 508.
11 TSN, October 10, 1995, pp. 99-103 (Records, Vol. 4, pp. 273-278).
12 Pictures of the Vizconde house at Records, Vol. 1, pp. 82-87.
204
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19 Id., at pp. 40-72, 75-76 (Id., at pp. 593-625, 628 to 628-A); TSN,
January 25, 1996, pp. 14-15; TSN, February 26, 1996, pp. 104-106.
206
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20 TSN, October 10, 1995, pp. 76-97 (Records, Vol. 4, pp. 628-A to 649);
May 22, 1995 Affidavit, Records, Vol. l, p. 96.
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21 Id., at pp. 97-104 (Id. at pp. 649-656); TSN, February 19, 1996, pp.
6-39; May 22, 1995 Affidavit, Records, Vol. 1, pp. 97-98.
207
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23 Exhibits “G” to “G-2”, “Q” to “R”, “V”, “W” and “X”, Records, Vol. 8,
pp. 308-310, 323-324, 328-330.
24 Exhibits “H” to “K”, Records, Vol. 8, pp. 311-315; TSN, January 30,
1996, pp. 64, 67-91; TSN, January 31, 1996, pp. 7-8.
25 Exhibit “Y” to “BB”, Records, Vol. 8, pp. 456-459; TSN, January 31,
1996, pp. 59-75.
208
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26 Exhibits “M” to “U”, Records, Vol. 8, pp. 319-322; TSN, January 31,
1996, pp. 8-10, 13-20.
27 TSN, January 31, 1996, pp. 7, 17-18 and 74.
28 TSN, March 25, 1996, pp. 8-14, 17-34.
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211
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33 TSN, March 14, 1996, pp. 12, 15-25, 41-45, 48, 51-54, 63-64; TSN,
March 18, 1996, pp. 88-97.
34 TSN, March 14, 1996, pp. 79-89, 103-104.
212
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213
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214
room and on the top of the dining table they saw a shoulder
bag and scattered next to it were various items such as
Carmela’s ATM card, her driver’s license and calling cards.
Biong proceeded to the main door and removed its chain
lock. When they came out towards the garage area, Biong
saw a stone by the window. He then asked Capt. Bartolome
to go inside the room of the two (2) maids to see for himself
if indeed the noise of the breaking glass could not be heard.
When Capt. Bartolome was already inside the middle room,
Biong shattered the remaining glass of the main door with
the butt of his gun. When Biong asked if he could hear it,
Capt. Bartolome answered in the affirmative. Biong next
inspected the garage where he saw the footmarks on the
car’s hood; Biong also found fingerprints on the electric
bulb. She was just beside Biong at the time. They followed
Biong towards the back of the house but upon seeing
another shoe print on the ground just outside the master’s
bedroom, he directed them not to proceed any further. They
left the Vizconde house at around 10:00 a.m. and proceeded
to the Parañaque Municipal Building.40
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215
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216
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217
Defense Evidence
The accused chiefly assailed the credibility of
prosecution star witness Alfaro, in particular her execution
of two (2) allegedly inconsistent affidavits (one on April 28,
1995 and another on May 22, 1995) and raised alibi and
denial as defenses to the charge of rape with homicide
attended by conspiracy. During the trial, no less than 95
witnesses47 were presented, and voluminous documentary
exhibits were submitted.
The testimonies of the principal witnesses for the
defense are summarized as follows:
Hubert Jeffrey P. Webb testified that at the time of
the killings between June 29 and 30, 1991, he was still in
Anaheim Hills, California, U.S.A., having departed from
the Philippines on March 9, 1991 on board a United
Airlines flight bound for San Francisco. He was
accompanied by Gloria Webb, whose husband Richard
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77 Exhibit “338”
78 Exhibits “341” and “342”, Records, Vol. 21, pp. 6-9, 40, 63-65, 112,
140, 141-145 (Vol. 3).
79 Exhibits “369” and “364”, Records, Vol. 21, pp. 24, 104-142 (Vol. 4).
80 Exhibits “207” to”219”.
81 Exhibit “207-B”.
82 Exhibit “212-D”, Records, Vol. 21, p. 265 (Vol. 1).
83 Exhibit “260”.
84 Exhibit “261”.
85 Exhibit “262”.
86 Exhibit “192”, Records, Vol. 21, pp. 253-279 (Vol. 1), 1-7, 157, 158,
169 (Vol. 2), 194 (Vol. 1).
87 Exhibit “215” “215-B” “215-C”, Records, Vol. 21, pp. 254-256, 272-
274 (Vol. 1).
88 Exhibit “216”; TSN, April 15-17, 1997.
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98 TSN, August 6, 1996, pp. 13-41; TSN, May 22, 1997, pp. 72, 81-131,
142-157; Exhibits “274” and “275”.
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99 TSN, November 12, 1997, pp. 7-8, 17-19, 38-43, 55-72.
229
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Appellants’ Arguments
Appellants Webb and Lejano set forth the following
arguments in their Supplemental Appeal Brief as grounds
for the reversal of the CA Decision and their acquittal in
this case:
I
THE EVIDENCE ESTABLISHING APPELLANT WEBB’S ABSENCE
FROM PHILIPPINE TERRITORY BETWEEN 9 MARCH 1991 AND 27
OCTOBER 1992 ENGENDERS A REASONABLE DOUBT AND
PRECLUDES AN ABIDING CONVICTION, TO A MORAL
CERTAINTY, OF HIS GUILT OF THE CRIME CHARGED. THUS, AS
CORRECTLY APPRECIATED BY JUSTICES TAGLE AND DACUDAO
IN THEIR SEPARATE DISSENTING OPINIONS—
A. THE PASSPORT OF APPELLANT WEBB, AS THE OFFICIAL
TRAVEL DOCUMENT ISSUED BY THE PHILIPPINE
GOVERNMENT TO HIM, IS STAMPMARKED AND INITIALED
WITH THE DEPARTURE DATE OF 9 MARCH 1991 AND
ARRIVAL DATE OF 27 OCTOBER 1992, SHOWING THAT HE
WAS NOT IN THE PHILIPPINES BUT ABROAD AT THE TIME
OF THE COMMISSION OF THE CRIME ON 29 JUNE 1991.
B. THE CERTIFICATIONS AND COMPUTER PRINTOUT
ISSUED BY THE UNITED STATES INS NON-IMMIGRANT
INFORMATION SYSTEM, WHICH INDICATE EXACTLY THE
SAME DEPARTURE AND ARRIVAL DATES OF 9 MARCH 1991
AND 27 OCTOBER 1992, CONFIRM THAT IT WAS
PHYSICALLY IMPOSSIBLE FOR APPELLANT WEBB TO
HAVE COMMITTED THE CRIME.
C. THE RULING THAT APPELLANT WEBB WAS “SMUGGLED”
INTO AND OUT OF THE PHILIPPINES WITHIN 9 MARCH
1991 AND 27 OCTOBER 1992, WITH THE US INS
CERTIFICATIONS BEING THE PROBABLE PRODUCT OF
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I
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236
237
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V
MICHAEL GATCHALIAN RESPECTFULLY INVOKES HIS
CONSTITUTIONAL RIGHT TO DUE PROCESS ON THE GROUNDS
OF BIAS AND PREJUDICE, AND FOR ALL THAT IT IS WORTH, HIS
CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL AND A SPEEDY
DISPOSITION OF HIS CASE.109
_______________
238
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111 People v. Comanda, G.R. No. 175880, July 6, 2007, 526 SCRA 689.
112 People v. Pringas, G.R. No. 175928, August 31, 2007, 531 SCRA
828.
113 People v. De Guzman, G.R. No. 173197, April 24, 2007, 522 SCRA
207.
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240
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115 People v. Comiling, G.R. No. 140405, March 4, 1004, 424 SCRA
698, 719, citing Francisco, Evidence, Vol. VII, 1990 ed., p. 743.
241
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116 People v. Simon, G.R. No. 130531, May 27, 2004, 429 SCRA 330,
352, citing People v. Rostata, G.R. No. 91482, February 9, 1993, 218 SCRA
657.
242
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117 People v. Zinampan, G.R. No. 126781, September 13, 2000, 340
SCRA 189, 200.
118 Fukuzume v. People, G.R. No. 143647, November 11, 2005, 474
SCRA 570.
119 G.R. No. 121039-45, January 25, 1999, 302 SCRA 21.
120 Id., at p. 50.
243
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121 TSN, October 17, 1995, pp.12-15, 23, 40-41, 139, 152, 161; TSN,
October 18, 1995, p. 180; TSN, July 2, 1996, pp. 74, 82-86; TSN, July 11,
1996, pp. 43-52.
122 People v. Pineda, G.R. No. 141644, May 27, 2004, 429 SCRA 478,
495, citing People v. Quima, No. L-74669, 14 April 1988, 159 SCRA 613
citing People v. Alto, 135 Phil. 136; 26 SCRA 342 (1968).
244
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123 People v. Rodrigo, G.R. No. 176159, September 11, 2008, 564 SCRA
584, 597.
124 People v. Meneses, G.R. No. 11742, March 26, 1998, 288 SCRA 95,
97, citing People v. Teehankee, Jr., 319 Phil. 128, 179; 249 SCRA 54, 94
(1995).
245
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125 People v. Magallanes, G.R. No. 136299, August 29, 2003, 410 SCRA
183, 197.
126 People v. Rodrigo, supra at p. 596.
127 People v. Mosquerra, G.R. No. 129209, August 9, 2001, 362 SCRA
441, 450, citing People v. Batidor, G.R. No. 126027, February 18, 1999,
303 SCRA 335, 350; People v. Realin, G.R. No. 126051, January 21, 1999,
301 SCRA 495, 512; People v. Tulop, G.R. No. 124829, November 21, 1998,
289 SCRA 316, 333.
128 Id., at p. 450, citing People v. Saban, G.R. No. 110559, November
24, 1999, 319 SCRA 36, 46; People v. Reduca, G.R. Nos. 126094-95,
January 21,
246
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1999, 301 SCRA 516, 534; and People v. De Labajan, G.R. Nos. 129968-69,
October 27, 1999, 317 SCRA 566, 575.
129 Id., at p. 451, citing People v. Hillado, G.R. No. 122838, May 24,
1999, 307 SCRA 535, 553 and People v. Balmoria, G.R. Nos. 120620-21,
March 20, 1998, 287 SCRA 687, 708.
130 People v. Florentino Bracamonte, G.R. No. 95939, June 17, 1996, as
cited in People v. Añonuevo, G.R. No. 112989, September 18, 1996, 262
SCRA 22, 36.
247
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248
hap also testified that on the same evening of July 16, 1997, at
about 8:00 o’clock, she saw Marijoy and Jacqueline talking to two
(2) men at the West Entry of Ayala Center. She recognized the
two (2) men as Larrañaga and Josman, having seen them several
times at Glicos, a game zone, located across her office at the third
level of Ayala Center. Williard Redobles, the security guard then
assigned at Ayala Center, corroborated the foregoing testimonies
of Shiela and Analie. In addition, Rosendo Rio, a businessman
from Cogon, Carcar, declared that he saw Larrañaga at Tan-awan
at about 3:30 in the morning of July 17, 1997. The latter was
leaning against the hood of a white van. And over and above all,
Rusia categorically identified Larrañaga as one of the participes
criminis.132 [emphasis supplied]
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132 En Banc Resolution, July 21, 2005, 463 SCRA 654, 662-664.
249
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250
tions which the said office issued regarding the basic information
under its direct control and custody.
It is to be remembered that as part of his evidence, Webb
presented the explanation of one Steven P. Bucher, Acting Chief
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139 People v. Malones, G.R. No. 124388-90, March 11, 2004, 425 SCRA
318, 339-340, citing People v. Aliposa, G.R. No. 97935, October 23, 1996,
263 SCRA 471.
140 Soriano v. People, G.R. No. 148123, June 30, 2008, 556 SCRA 595,
605.
141 Fernan, Jr. v. People, G.R. No. 145927, August 24, 2007, 531 SCRA
1, 31, citing People v. Balacano, G.R. No, 127156, July 31, 2000, 336 SCRA
615, 621.
259
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260
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143 Exhibits “YY”, “DDD” and “213-1-D”, Records, Vol. 9, pp. 1142,
1147 and Records, Vol. 26, p. 270.
144 Exhibits “XX” and “LLL”, Records, Vol. 9, pp. 1141 and 1157.
161
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145 Exhibits “30”, “33” and “34”, Records, Vol. 9, pp. 708, 711-713.
146 Cited by reference in Exhibit III, Records, Vol. 9, p. 1154.
You were informed by the San Francisco District Office of the
Immigration and Naturalization Service that no records responsive to you
request could be located in its file. It has been determined that this
response is correct. For your information, the INS normally does not
maintain records on individuals who are entering the country as visitors
rather than as immigrants. A notation concerning the entry of a visitor
may be made in the Nonimmigrant Information System (NIIS), but many
visitors are not entered into this system. The NIIS was searched,
and no records pertaining to Mr. Webb are found. I am informed by
the San Francisco District Office that this matter is still pending in that
office and that a formal response to your request will be issued shortly.
It is possible that either the State Department or the United States
Customs Service might have information concerning Mr. Webb’s entry
into the country. I suggest you write to those agencies to request the
information you seek.
262
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147 Vide: Soriano v. People, G.R. No. 148123, June 30, 2008, 556 SCRA
595, 604.
148 Exhibit “42-M”, Records, Vol. 9, p. 440.
263
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265
“On August 14, 1997, [Webb] testified that he did not make any
application since the procedure in California provides for a walk-
in system, that he did not submit any photograph relative to his
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271
_______________
272
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165 People v. Lagarto, G.R. Nos. 118828 & 119371, February 29, 2000,
326 SCRA 693, 748, citing People v. Layno, G.R. No. 110833, November
21, 1996, 264 SCRA 558; People v. Sumalpong, G.R. No. 124705, January
20, 1998, 284 SCRA 229; People v. Obello, G.R. No. 108772, January 14,
1998, 284 SCRA 79; People v. Pulusan, G.R. No. 10037, May 21, 1998, 290
SCRA 353; People v. Medina, G.R. No. 127157, July 10, 1998, 292 SCRA
436; and People v. Chua, G.R. No. 121792, October 7, 1998, 297 SCRA 229.
273
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166 People v. Sicad, G.R. No. 133833, October 15, 2002, 391 SCRA 19,
34, citing People v. Diaz, G.R. No. 110829, April 18, 1997, 271 SCRA 504,
515 and People v. Abordo, G.R. No. 107245, December 17, 1999, 321 SCRA
23, 39.
167 CA Rollo, Vol. IV, p. 3081.
168 People v. Antonio, G.R. No. 128900, July 14, 2000, 335 SCRA 646,
677, citing People v. Malvenda, G.R. No. 115351, March 27, 1998, 288
SCRA 225.
274
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169 People v. Magana, G.R. No. 105673, July 26, 1996, 259 SCRA 381,
402.
276
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278
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279
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280
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178 See City Prosecution Office of General Santos City v. Bersales, A.M.
No. MTJ-04-1552, June 9, 2004, 431 SCRA 430, 436.
179 Id., at p. 432.
281
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180 149 Misc. 2d 844, 570 N.Y.S. 2d 765 (Sup. Ct. Westchester Co.
1990).
181 467 U.S. 479 (1984).
182 373 U.S. 83 (1963).
282
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183 Id.
283
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290
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191 People v. Bato, G.R. No. 134939, February 16, 2000, 325 SCRA 671,
678, citing People v. Juntilla, G.R. No. 130604, September 16, 1999, 314
SCRA 568, 583; People v. Sacapaño, G.R. No. 130525, September 3, 1999,
313 SCRA 650, 659; and People v. Manuel, G.R. No. 121539, October 21,
1998, 298 SCRA 184.
192 People v. Pascual, G.R. No. 172326, January 19, 2009, 576 SCRA
242, 260, citing People v. Sevilleno, G.R. No. 152954, March 10, 2004, 425
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SERENO, J.:
The duty of the prosecution is not merely to
secure a conviction, but to secure a just conviction.
This highly publicized case became the center of the
nation’s attention owing to the public outrage over the
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195 People v. Arellano, G.R. No. 176640, August 22, 2008, 563 SCRA
181, 189.
196 Id.
197 People v. Pascual, supra at pp. 260-261.
198 Nueva España v. People, supra at p. 558.
292
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293
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294
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7 The Prosecution Role in Upholding the Right to a Fair Trial and Responding
to Victims/Witnesses, The Prosecutor Papers, November 2005 at p. 10.
8 R v. Boucher, (1954) S.C.R. 16.
9 Stuart, Don, CHARTER JUSTICE IN CANADIAN CRIMINAL LAW, 2001, p. 7.
10 G.R. No. 113630, 5 May 1994, 232 SCRA 192.
295
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296
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297
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13 G.R. No. 127262, 24 July 1997, 276 SCRA 243; 342 Phil. 206.
298
300
301
“Section 14:
(1) No person shall be held to answer for a criminal offense
without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed
innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf.” xxx (Underscoring
supplied.)
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the house, as she was about ten (10) meters away from the
kitchen door; that she did not know who opened that door
for the accused, but hinted that one of the maids must have
done it since Estrellita and Carmela were tied; and that
she had no idea what transpired in the house until they left
the area.
This Statement contradicted salient points in Alfaro’s 22
May 1995 Sworn Statement, which was the basis of the
NBI’s complaint. In her 22 May 1995 Sworn Statement,
Alfaro claimed to have known Carmela since February
1991; that the group decided to rape Carmela when Alfaro
informed Webb that Carmela had dropped off a man who
appeared to be her boyfriend; that Carmela left open the
gate through which they entered the premises freely; that
Alfaro led the group in entering the kitchen door; that she
witnessed the rape of Carmela by Webb and also saw the
bodies of Estrellita and Jennifer piled up on the bed.
The NBI explained that they produced a mere photocopy
of the 28 April 1995 Sworn Statement, because the original
was lost. When the DOJ Panel refused to issue a subpoena
duces tecum to Atty. Mercader, the accused filed a case
with the Regional Trial Court of Makati, Branch 63, to
obtain the original of the first Sworn Statement. Atty.
Mercader then appeared and produced before the trial
court the original Sworn Statement of Alfaro dated 28 April
1995, which also contained his signature. Webb retained a
certified true copy of the first Sworn Statement (certified
by Assistant State Prosecutor Jovencito Zuno), while the
duplicate original copy thereof was submitted to the DOJ
Panel.
The DOJ Panel still found probable cause to charge the
accused and on 10 August 1995, an Information for Rape
with Homicide was filed with the Regional Trial Court of
Parañaque against Webb, et al. It was raffled to Branch
274, presided by Judge Amelita Tolentino, who thereupon
issued warrants for their arrest.
304
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308
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20 G.R. No. 125901, 8 March 2001, 406 Phil. 449; 354 SCRA 17.
21 G.R. No. 150224, 19 May 2004, 428 SCRA 504.
22 Resolution dated 20 April 2010.
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from which it comes can be highly degraded. Only a few cells are required
for reliable results. Usable DNA can be recovered from a myriad of items,
including computer keyboards, hats, bandannas, eyeglasses, facial tissue,
cotton swabs, dirty laundry, toothpicks, chewing gum, cigarette butts,
envelope seals, the mouths of bottles, the rims of glasses, or urine stains.
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are now only eight (8) states that have not adopted
statutes allowing post-conviction DNA testing,25 with some
requiring the correlative duty to preserve DNA evidence.
So far, 261 convicts in the United
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chip” may be developed that allow for rapid DNA testing at a crime scene.
Robotic systems are already being used to help process DNA samples.
Similarly, computer software compares and interprets STR data. In short,
forensic DNA typing will continue to become increasingly automated,
faster, cheaper, and more accurate. This, in turn, ought to affect the due
process calculus when the state loses or destroys potentially exculpatory
evidence. The context in which such problems arise today is entirely
different than when Youngblood was decided.” (Citations omitted.)
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“Due process must also take into account the burdens that the
preservation of evidence places on the police. Law enforcement
officers must be provided the
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