LEGAL WRITING

DE JESUS, TRACY ANN DE TORRES, RECHEL

G.R. No. 176389 ANTONIO LEJANO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent. G.R. No. 176864 PEOPLE OF THE PHILIPPINES, Appellee, vs. HUBERT JEFFREY P. WEBB, ANTONIO LEJANO, MICHAEL A. GATCHALIAN, HOSPICIO FERNANDEZ, MIGUEL RODRIGUEZ, PETER ESTRADA and GERARDO BIONG, Appellants.

ANTECEDENT FACTS
Estrellita Vizconde and her daughters Carmela, nineteen (19) years old and Jennifer, seven (7) years old were brutally killed on June 30, 1991 at their home at Paranaque City. An intense investigation was conducted by the police and arrested a group of suspects of who gave detailed confessions. The trial court doubted these confessions and smelled a frame-up. Eventually the release was ordered thus the real perpetrators identities remained to be a mystery especially to the public whose curiosity were aroused by the details tagging the case as Vizconde massacre.

 The National Bureau of Investigation or NBI announced that they already solved the crime four years later in 1995. The institution presented its star witness in the persona of Jessica Alfaro, one of its agents/informers who claimed to witness the crime. She named Hubert Jeffrey Webb, Antonio Tony Boy Lejano, Artemio Dong Ventura, Michael A. Gatchalian, Hospicio Pyke Fernandez, Peter Estrada, Miguel Ging Rodriguez and Joey Filart as the culprits who were responsible for the crime. She also tagged accused police officer, Gerardo Biong, as an accessory for destroying the body of the crime. The public prosecutors charged information for rape with homicide against Webb, et al on August 10, 1995

 Judge Amelita G. Tolentino presided over the Regional Trail Court of Paranaque City, Branch 274. The RTC tried only seven (7) of the accused since Artemio Ventura and Joey Filart remained at large. The prosecution presented Jessica Alfaro as its principal witness and others supporting her testimony. These include Dr. Prospero A. Cabanayan, the NBI Medico-Legal Officer who autopsied the bodies of the victims and testified on the wounds they sustained and the presence of semen in Carmelas genitalia, indicating that she had been raped, the security guards of Pitong Daan Subdivision where the Vizcode live, the former laundrywoman of the Webb household, police officer Biongs former girlfriend and Lauro Vizconde, Estrellitas

 On the part of the accused, some of them deny their participation saying that they were somewhere when the crime took place. Webbs alibi appears to be the strongest since he claimed to be overseas particularly in the United States. He then presented documents, as well as testimonies of witness and object evidence to prove his alibi. In addition the defense present witnesses to reveal Alfaros bad reputation and that her testimony are incredible.

 The trial court found a credible witness in Alfaro and was impressed by her detailed narration of the events that happened during the crime was committed. The court gave her credit for her categorical, straightforward, spontaneous and frank testimony undamaged by exhausting crossexaminations. The court accepted Alfaros explanation on the discrepancies of her testimony on April 28 and May 22, 1995, that she wanted to protect her former boyfriend, accused Estrada and a distant relative, accused Gatchalian; that no lawyer assisted her; that she did not trust the investigators who helped her prepare her first affidavit; and that she felt unsure if she would get the support and security she needed once she

 On the contrary, the RTC gave little weight of the denials and alibis that Webb, Lejano, Rodriguez and Gatchalian prepare for their defense. According to the Court, they paled compared to Alfaros testimony that other witnesses and physical evidence corroborated. Thus after four years of comprehensive hearing, on January 4, 2000, the RTC rendered a judgment, finding all the accused guilty beyond reasonable doubt imposing a penalty of reclusion perpetua except for accused Biong who was imposed by an indeterminate prison term of eleven years, four months and one day to twelve years. Lauro Vizconde on the other hand was awarded damages.

 On appeal, The Court of Appeals or CA affirmed the RTCs decision modifying the penalty imposed on Biog to six years minimum and twelve years maximum and increasing the award of damages to Lauro Vizconde. The CA did not agree that the accused were tried by publicity or that the trial court judge was biased. It found sufficient evidence that rendered the accused guilty. On the motion for reconsideration by the accused the CAs Special Division of five members voted by the majority of three against two to deny the motion, hence the appeal.

 On April 20, 2010, as result of its initial deliberation in this case, the Court issued a Resolution granting the request of Webb to submit for DNA analysis the semen specimen taken from Carmelas cadaver, which specimen was then believed still under the safekeeping NBI. The Court granted request pursuant to section 4 of the Rule on DNA Evidence to give the accused and prosecution access to scientific evidence that they might want to avail themselves of leading to a correct decision in the case. Unfortunately, on April 27, 2010 the NBI informed the court that it no longer has custody of the specimen, the same having been turned over to the trial court. The trial record shows, however, that the specimen was not among the object evidence that the prosecution offered in evidence in the case. The outcome however prompted to defense of accused Webb to file an urgent motion to acquit him on the ground that the government s failure to preserve such vital evidence has resulted in the denial of his right to due process.

ARGUMENTS

WEBB,LEJANO,FERNANDEZ,GAT DIFFERENT CASES: CHALIAN,BIONG CREDEBILITY OF THE WITNESSES: ALFAROS TESTIMONY: Alfaros Testimony Not consistent Jessica Alfaro's positive identification has been rejected because she did not meet the test of a credible witness ABADILLA CASE: ALEJOS TESTIMONY Alejos Testimony Not consistent Alejos inconsistencies on the number of gunmen had already been explained by him during crossexamination by correcting his earlier statement The Court admitted the positive identification of witness Freddie Alejo when it considered him a credible witness Alejo also receives money and free accommodation from the persons who had interest in his testimony. Alejo had been under the Abadillas custody and protection

NBI Asset

Conclusion Witness CREDIBLE

Conclusion Witness NOT CREDIBLE The determination of the credibility of witnesses lies on the trial court primarily because it has the peculiar position to observed the witness behavior on the stand while testifying. It is fundamental rule that the findings of the trial courts which are factual in nature and which involve credibility are accorded respect when no gross errors, misrepresentation, concealment of facts and speculative, arbitrary and unsupported conclusions can be gathered from such findings.

ALFARO S TESTIMONY

DISSENTING OPINION: CORROBORATION

She went back into the house to Dr. Prospero A. Cabanayan, the watch as Webb raped Carmela on NBI Medico-Legal Officer who the floor of the masters autopsied the bodies of the victims, bedroom.He had apparently testified on the stab wounds they stabbed to death Carmelas mom sustained and the presence of and her young sister whose semen in Carmelas genitalia, bloodied bodies were sprawled on indicating that she had been raped. the bed. Alfaro testified that she got scared (another shift to fear) for she hurriedly got out of the house after Webb supposedly gave her a meaningful look. Mila Gaviola used to work as laundry woman for the Webbs at Alfaro claimed that she saw blood their house at BF Homes Executive stains on Webbs clothes 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

Webbs Alibi

Contradiction

U.S (March 9, 1991- Oct.27, 1992) People vs. Larranaga, the court found that it wasnt impossible for the accused to be in Cebu because of the presence of commercial flights with the travel distance of one (1) hour from Manila to Cebu and there are four companies with the said commercial flight. In the case at bar, During the long span of time between March 1991 to October 1992, it was not physically impossible for the accused Webb to have returned to the Philippines secretly, perpetrate the criminal act Webb presented evidences to show and travel back to the United his presence in the U.S., States. Corroborated by the testimonies of Abadilla Case witnesses, mostly his relatives and the five accused made a defense of alibi claiming that they were friends somewhere else on June 13, 1996 when the murder of Abadilla happened Their claims were corroborated by witnesses their relatives and friends

He presented the testimonies of witnesses as well as documentary and object evidence Webbs alibi appeared the strongest. Prevail over Alfaros identification

the relatives and friends are not an impartial witness to corroborate the defence of alibi. Alibi is the weakest of all defenses it cannot prevail over the positive identification of the accused by the witnesses.

DOCUMENTARY EVIDENCE: Passport: Original copy not furnished Webb s Philippine passport produced as evidence offer little support of Webbs alibi. It must be noted that what appear on the records are merely photocopy of the pages of Webbs passport, the trial court had the exclusive opportunity to view it first hand and decide whether or not should have given more weight. There are also the non alignment of the serial number of Webbs passport which cannot be explained by the accused and why some of the pages of his passport appears to be smudged or untidy as compared to his mothers which is well preserved