December 14, 2010 The Supreme Court

G.R. No. 176389 ANTONIO LEJANO, Petitioner, vs.PEOPLE OF

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

Facts:

That on June 30, 1991 Estrellita Vizconde and her daughters Carmela, nineteen years
old, and Jennifer, seven, were found dead, brutally murdered, with multiple stab
wounds at their home in 80 Vinzons Street, Pitong Daan Subdivision, BF Homes,
Parañaque City with the following personal items missing: P140,000.00 in cash, Four (4)
necklace, Five (5) rings, Two (2) bracelets, Two (2) pairs of earings.

The extraordinary pressure to resolve the case has lead the police to frame up the
Barroso "akyat bahay" gang members by matching the details to the evidences thus, the
illegal arrests of the accused, the non-compliance with the requirements for conducting
custodial investigation, with evidence of torture to draw out confessions from the
accused the Makati City RTC pronounced the accused not guilty of the charges.

After 4 years in 1995 an asset of NBI Jessica M. Alfaro, claims that she has witnessed
the controversial crime and identified the accused Hubert Jeffrey P. 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 and
an accessory to the crime Gerardo Biong a police officer, a grueling investigation
commenced and filed on August 10, 1995 by the public prosecutors for rape with
homicide against Webb, et al.

On January 4, 2000 the trial court has pronounced the accused guilty beyond
reasonable doubt of the crime of rape with homicide and sentenced each of them the
penalty of reclusion perpetua and the accessory to the crime Gerardo Biong guilty
beyond reasonable doubt and was sentenced to eleven (11) years, four months and one
day to twelve (12) years the court also so ordered to indemnify Mr. Lauro Vizconde
jointly and severally to pay the sum of the following:
1) The amount of ₱150,000.00 for wrongful death of the victims;
2) The amount of ₱762,450.00 representing actual damages sustained by Mr. Lauro
Vizconde;
3) The amount of ₱2,000,000.00 as moral damages sustained by Mr. Lauro Vizconde;
4) The amount of ₱97,404.55 as attorney’s fees

A motion for reconsideration was filed by Lejano G.R. No. 176389 subject for review on
certiorari by the Court of Appeals to vacate the judgment of conviction by the trial court.
On December 16, 2005, the Court of Appeals affirmed the trial court’s decision,
modifying the penalty imposed on Biong to six years minimum and twelve years
maximum and increasing the award of damages to Lauro Vizconde.

On April 20, 2010, pursuant to section 4 of the Rule on DNA Evidence, the court granted

Webb to submit for DNA analysis the semen specimen taken from Carmela’s cadaver.

Regrettably, On April 27, 2010 the NBI no longer have the custody of Carmela’s cadaver
and it was already turned over to the trial court; the government’s failure to preserve
such crucial evidence prompted accused Webb to file an urgent motion to acquit on the
grounds of the denial of his right to due process of law.

Issues:
1.) Was Alfaro credible and reliable for the court to believe her testimonies?
2.) Was the accused given a fair trial and due process of law?
3.) Was the court able to prove that the accused were guilty beyond reasonable doubt?

Held:

As to Alfaro’s credibility and reliability: No, first the credibility of the witness Alfaro was
gravely discredited for the facts that she was under the influence of drugs from the time
of crime was committed up until October 1994 thereby the court concluded that the
‘prolonged use of drugs has impaired the witness “ability to perceive, recall or relate”
and they also believe that

“habitual users of drugs become notorious liars” , she was also an asset of the NBI who
was used to pretending and lying for a living; the inconsistencies of her testimony on
affidavit filed on April 28, 1995, May 22, 1995 and testimony in court wasn’t able to
eliminate the doubt of her credibility; the resemblance of the confession of “Akyat Bahay
Gang” was also questionable.

As to due process of law: No, As it turns out the most crucial evidence that can prove
the innocence of the accused which is the DNA analysis; the State in it’s failure to
preserve such vital evidence, Webb the accused moved for his acquittal on the ground
of violation of his constitutional right to due process.

As to the failure of the prosecution to prove their guilt beyond reasonable doubt: No,
the court was not able to prove their guilt beyond reasonable doubt, the State’s failure
to preserve the cadaver of Carmela Vizconde and the impaired quality of the witness
gave a lingering doubt to the guilt of the accused hence to quote that “but that justice
shall be done. As such, he is in a peculiar and very definite sense the servant of the law,
the twofold aim of which is that guilt shall not escape or innocence suffer”. To uphold
our constitution under Article III Bill of rights Section 1. “No person shall be deprived of
life, liberty, or property without due process of law, nor shall any person be denied the
equal protection of the laws”.