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DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Parañaque City
LAURO G. VIZCONDE
Complainant,
COUNTER-AFFIDAVIT
3.1 Paragraphs 2, 3, 4, 5, 7, 15, 16, 17, 18, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 37, 39, 41, 42, 58, 59, 61, 62, 67, 68, 69, 70, 71,
73, 74, 75, 76, 77, 78, 79, 80, 81 and 83 of Annex A;
6. That Rajah Tours booked our flight to San Francisco via United
Airlines for March 9, 1991, as seen in the travel invoice issued by
Rajah Tours (Annex 3);
12.That before I was allowed to board the plane, I passed through the
Philippine Immigration booth at the airport to have my passport
cleared and stamped. Immigration Officer Ferdinand Sampol
checked my visa, stamped and initialed my passport, and
eventually let me pass through. Attached herein are the affidavit of
FERDINAND SAMPOL as Annex 13, my visa (Annex 14), and
my stamped passport (Annex 15);
14.That in the San Francisco airport, my Aunt Gloria and I were met
by Aunt Gloria’s daughter, Maria Terese Keame, who brought us to
Aunt Gloria’s house in Daly City, California. There I met
Christopher Paul Legaspi Esguerra, Aunt Gloria’s grandson.
Herein attached are the affidavits of MARIA TERESA KEAME
(Annex 17) and CHRISTOPHER PAUL LEGASPI
ESGUERRA (Annex 18);
15. That in April 1991, I watched the concert of Deelite Band in San
Francisco with Christopher and his friend Daphne Domingo.
Attached herein as Annex 19 is a photograph of the bracelet
passes given to us before entering the concert grounds. It was also
Christopher who toured me to the malls;
16.That in the same month, Dorothy Wheelock and her family invited
me to Lake Tahoe as she wanted to return my family’s hospitality
when she was in the Philippines. Herein attached is the affidavit of
DOROTHY WHEELOCK (Annex 20); photos of Dorothy
Wheelock’s visit to the Philippines and a home video footage of our
time in Lake Tahoe to follow as Annexes 21 and 22, respectively;
17. That in May 1991, I moved to Anaheim by train on invitation of my
aunt, Susan Brottman, the sister of my mother. Attached herein is
the affidavit of SUSAN BROTTMAN (Annex 23);
20. That on June 14, 1991, I applied for a driver’s license (Annex
28);
21. That in the same month of June 1991, I wrote three letters (Annex
29) to my friend Jennifer Cabrera who was in the Philippines;
23. That on the following day, June 29, 1991, and in the company of
my father and his friend Honesto Aragon, to whom I was earlier
introduced to, I went to Riverside, California to look for a car. We
bought an MR2 Toyota Car and secured a car plate which read
“LEW WEBB.” Herein attached is the affidavit of HONESTO
ARAGON (Annex 30), as well as the following:
24. That in using the car in the U.S., I even received a few traffic
citations (Annex 33);
32. That I stayed in Aunt Imelda’s home until I left for the
Philippines on October 26, 1992;
33. That before I boarded Philippine Airlines Flight No. 103 bound
for Manila, I went through the U.S. Immigration booth at the
airport which confirmed my departure from the country on
October 26, 1992. Herein attached is the Passenger Manifest of
Philippine Airlines (Annex 39);
34. That when I arrived in the Philippines, I again went through the
Philippine Immigration which stamped and initialed my passport,
indicating my return to Manila on October 27, 1992. Attached
herein is my passport stamped with the aforesaid return date
(Annex 40);
AFFIDAVIT OF WITNESS
9. That on June 27, 1991, Elizabeth and I left for the U.S. to visit
Hubert in Anaheim;
10. That upon our arrival in the U.S. on June 28, 1991, we
stayed at the house of the Brottmans, where Hubert was also
residing;
13.That the next day, June 30, 1991, Honesto and I again
accompanied Hubert, this time to buy a bicycle at Orange Cycle
Center;
15. That my family, the Brottmans, and the Vaca family had a
lakeside picnic on July 4, 1991 to celebrate the U.S.
Independence Day;
AFFIDAVIT OF WITNESS
GLORIA WEBB
Affiant
AFFIDAVIT OF WITNESS
4. That Hubert and I usually hang out together with our friends;
AFFIDAVIT OF WITNESS
5. That I was not able to see Hubert until October 1992 when I saw
him playing basketball at BF Homes Phase III’s basketball
court;
JOSELITO ESCOBAR
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.
AFFIDAVIT OF WITNESS
4. That he also told me that his Aunt Gloria will accompany him in
going to the United States and they already booked their flight
through a travel agency;
MILAGROS CASTILLO
Affiant
AFFIDAVIT OF WITNESS
8. That I was not able to see Hubert until his return in October
1992;
AFFIDAVIT OF WITNESS
2. That I have known Hubert since our teenage years because our
families are friends;
TINA CALMA
Affiant
AFFIDAVIT OF WITNESS
5. That it was the last time I saw Hubert until October 1992 when
he returned to the Philippines. We spent most of our time
playing basketball with JOSELITO ERONDAIN ESCOBAR
and RAFAEL JOSE in the basketball court of BF Homes Phase
III;
AFFIDAVIT OF WITNESS
5. That I have never seen nor heard from Hubert since then as he
already left for the U.S.;
6. That I later found out from Santos that Hubert already returned
to the Philippines in October 1992;
JAY ORTEGA
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.
AFFIDAVIT OF WITNESS
3. That I was the one who assisted them in booking their flight;
6. That based on our database, both Gloria and Hubert have used
their plane tickets dated March 9, 1999 to San Francisco, USA;
JOSEFINA NOLASCO
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.
AFFIDAVIT OF WITNESS
FERDINAND SAMPOL
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.
AFFIDAVIT OF WITNESS
AFFIDAVIT OF WITNESS
AFFIDAVIT OF WITNESS
DOROTHY WHEELOCK
Affiant
AFFIDAVIT OF WITNESS
SUSAN BROTTMAN
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.
AFFIDAVIT OF WITNESS
STEVEN KEELER
Affiant
AFFIDAVIT OF WITNESS
3. That the first time I saw Hubert was when he was still a kid, and
the other time was in June of 1991 in Anaheim;
4. That on June 28, 1991, I met Freddie at the house of his sister-
in-law, SUSAN BROTTMAN, at Anaheim;
HONESTO ARAGON
Affiant
JACK RODRIGUEZ
Affiant
SONJA RODRIGUEZ
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.
AFFIDAVIT OF WITNESS
ARMANDO RODRIGUEZ
Affiant
AFFIDAVIT OF WITNESS
AFFIDAVIT OF WITNESS
IMELDA PAGASPAS
Affiant
AFFIDAVIT OF WITNESS
ARTEMIO SACAGUING
Affiant
LAURO G. VIZCONDE
Complainant,
x-------------------------------------x
COUNTER-AFFIDAVIT
4. That on the night of June 29, 1991 until the early morning of
June 30, 1991, I was watching video tapes at the house of
CARLOS “CAS” SYAP located at Ayala Alabang Village;
ANTONIO LEJANO II
Affiant
AFFIDAVIT OF WITNESS
3. That Tony Boy came home in the early morning of June 30,
1991, in the company of Cas and MICHAEL GATCHALIAN
(“Mike”). The three of them had breakfast in our house;
4. That his companions thereafter left while Tony Boy took a rest
and slept until on or about one o’clock in the afternoon;
5. That Tony Boy no longer left the house that day and just did
gardening at our backyard;
LAURO G. VIZCONDE
Complainant,
x-------------------------------------x
COUNTER-AFFIDAVIT
11. At 6:00 p.m., our family and all of the guests jumped out to
surprise my father, who was escorted by Karlotta to the
garden;
14. I have had too much to drink at that party—I was laughing
loudly with my father’s friends and by the end of the
festivities, while I was still conscious of my actions, I could
barely stand up from my seat and could not walk in a
straight line;
21.I have never seen any of the victims until several days later
when I saw their photos on TV;
AFFIDAVIT OF WITNESS
10. From the moment I left Pyke sound asleep, he did not
leave his room until around 3:00 p.m. on June 30, 1991
when he went to the kitchen. At that time, I was there
instructing one of our house helpers on what items to buy
at the grocery. I asked Pyke, “May hangover ka?” and he
responded, “Oo.” I then left him with his business and
returned to my conversation with our house helper;
KARLOTTA FERNANDEZ
Affiant
SUBSCRIBED AND SWORN to before me on this day, 31st of
July, 1995 in Parañaque City.
LAURO G. VIZCONDE
Complainant,
x-------------------------------------x
COUNTER-AFFIDAVIT
I, MICHAEL GATCHALIAN, Filipino citizen, of legal age,
single, and a resident of 47 Milan Street, BF Homes Executive Village,
Paranaque City, after having been duly sworn in accordance with the
law, hereby depose and state:
12.That on July 5, 1991 Tony Boy and Cas went to the police
station where I was detained. They were able to meet with
Gerardo Biong, the police officer assigned to the case.
They promised Biong that they would vouch for my
innocence and even volunteered to make statements;
15. While I was in the NBI office, Atty. Pete Rivera relayed to
me the request of the then NBI Director, asking me to be a
state witness. My father and I refused the offer as I never
witnessed any crime nor do I know all of my co-
respondents in the case;
MICHAEL GATCHALIAN
Affiant
AFFIDAVIT OF WITNESS
2. That on the evening June 29, 1991, I was with Mike at my house
in Ayala Alabang Village in Muntinlupa together with
ANTONIO LEJANO II (“Tony Boy”), another respondent
in the same case;
3. That they left my place only in the early morning of June 30,
1991;
AFFIDAVIT OF WITNESS
2. That on the evening of June 29, 1991, Mike was with his friends
ANTONIO LEJANO II (“Tony Boy”) and CARLOS SYAP
(“Cas”) in the house of the latter in Ayala Alabang Village in
Muntinlupa. Mike earlier sought my permission to allow him to
stay over the Syap residence;
3. That around 7:00 to 7:30 in the morning of June 30, 1991, I was
jogging around the village when I passed by the Vizcondes’
house and saw people milling in front;
AFFIDAVIT OF WITNESS
5. He thanked me for taking their group picture and they all went
back to join the crowd that gathered outside the Vizcondes’
house;
AFFIDAVIT OF WITNESS
2. Gatchalian gave his statement and the records were kept in the
NBI;
LAURO G. VIZCONDE
Complainant,
x-------------------------------------x
COUNTER-AFFIDAVIT
5. That I do not know the other persons accused of the crime and
witness Jessica Alfaro, except Antonio Lejano II who is my
close friend and classmate, Michael A. Gatchalian who is my
former schoolmate, Hubert P. Webb and Hospicio Fernandez
who were my basketball playmates at BF Homes Parañaque;
8.1 Paragraphs 2, 3, 5, 6, 8, 15, 16, 17, 18, 25, 26, 29, 30, 31, 32,
33, 48, 65, 71, 72, 74, 75 and 83 of Annex A; and
11. That at the night of the alleged killings on June 29, 1991, I was
at home and waiting for my brother, Art Rodriguez, to pick me
up and attend Rualo’s birthday party;
12. That as my brother has not yet arrived, I fell asleep while
waiting inside my room;
13. That around 1:00 in the morning of June 30, 1991, I woke up to
Rualo’s call and asked me why I have not yet proceeded to his
birthday party at his house;
14. That I told Rualo I could not make it because I was not fetched
by my brother Art whom I learned to have arrived at the said
party around 9:30 to 10:00 p.m;
MIGUEL RODRIGUEZ
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.
AFFIDAVIT OF WITNESS
2. That on June 25, 1991, it was the first time I invited Miguel to
my birthday party to be held on June 29, 1991 at 8:00 PM;
AFFIDAVIT OF WITNESS
7. That after the incident with Jessica Alfaro, the NBI agents told
me that they will take charge of Michael Rodriguez; and
AFFIDAVIT OF WITNESS
4. That I was brought to the NBI office by Col. Calima and was
turned over to the NBI agents;
5. That after I was taken by the NBI agents, the latter blindfolded
me, brought me to the comfort room and forced me to admit
that I am respondent Miguel Rodriguez;
10. That I do not personally know Jessica Alfaro and it was at the
NBI office where I saw her at the first time;
11. That I also do not know Miguel Rodriguez or his identity before
the incident occurred; and
MICHAEL RODRIGUEZ
Affiant
LAURO G. VIZCONDE
Complainant,
x-------------------------------------x
COUNTER-AFFIDAVIT
5.1 On June 29, 1991, around 8:00 o’clock in the evening, I met
up with ALFARO at Ayala Alabang Commercial Center;
5.5 Next day, I heard from her through a phone call that she
cried throughout the night beside her dad. She then pleaded if
we could get back together, but I turned her down;
5.6 I do not personally know, and have never met all the other
respondents in this case. Neither do I know or have I met any
one of the VIZCONDES. In fact, this is the very first time that I
came to know their names, except only for the reason that the
tragic news of the Vizconde killings years ago plagued all sorts
of media like TV, radio, and newspapers;
PETER ESTRADA
Affiant
LAURO G. VIZCONDE
Complainant,
x-------------------------------------x
COUNTER-AFFIDAVIT
8) Upon seeing the broken glass of the main door, I asked the
Vizconde housemaids if they are able to hear the breaking
of the glass by shattering the upper part of the main door
glass. I was so angry with the housemaids as I did not
believe that they did not hear anything despite the loud
sound of the breaking of the main door glass;
11) I did not take steps to preserve the bloodied carpet, bed
sheets and blankets because we have been previously told
by the National Bureau of Investigation (NBI) that no
evidence can be found on such items;
12) As for the footprint and shoe print found on the hood of the
car and at the back of the house, I could not recall if I had
those photographed. It was only the following day that I
brought an employee of the Parañaque police to lift
fingerprints from the crime scene. However, no latent
fingerprints had been taken. Despite attempts, no clear
fingerprint had been lifted and I did not any more ask why;
14) I was offered by the NBI to turn state witness but I declined
as I found it difficult to involve the other respondents in the
case whom I do not really know.
SPECIFIC DENIALS
15) Birrer and I did not play mahjong on the night of June 29,
1991 because Aling Gilos’ canteen was closed on Saturdays
and Sundays;
16) I did not receive a call between 1 a.m. and 2 a.m. of June 30,
1991 nor did I leave the police station after receiving the
alleged phone call;
17) I did not take Carmela’s ATM card and drivers’ license from
the lady’s bag, the bracelet, earrings and round pendant
watch from the jewelry box nor did I pawn the said
jewelries for any amount;
18) I did not steal the brown leather jacket from the Vizconde
resident. It was given to me long ago by a couple whose
dispute I was able to settle;
22) I hereby depose and state that all the statements above were
true and freely given; and
GERARDO BIONG
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July, 1995 at Paranaque City.