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Republic of the Philippines

DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Parañaque City

LAURO G. VIZCONDE
Complainant,

-versus- NPS No. XV-10-INV-95G-00099


For: RAPE WITH HOMICIDE
HUBERT JEFFREY P. WEBB,
ANTONIO LEJANO II,
HOSPICIO FERNANDEZ,
MICHAEL A. GATCHALIAN,
MIGUEL RODRIGUEZ,
PETER ESTRADA, JOEY
FILART, ARTEMIO
VENTURA and GERARDO
BIONG,
Respondents.
x-------------------------------------x

COUNTER-AFFIDAVIT

I, HUBERT JEFFREY P. WEBB, Filipino, single, of legal


age, and a resident of 7 Dahlia Street, BF Homes Executive Village,
Parañaque City, after having been duly sworn to in accordance with
the law, hereby depose and say:

1. That I am one of the respondents named in Criminal Case NPS


Docket No. XV-10-INV-95G-00099 for the crime of rape with
homicide;

2. That the complaint-affidavit executed by Lauro G. Vizconde


contained no particular allegation against the respondents. I am
nonetheless executing this counter-affidavit to specifically deny
the allegations found in the affidavits attached to the complaint,
which named me as one of the persons supposedly responsible for
the crime;

3. That I vehemently refute the narration made in the supporting


affidavits executed by JESSICA ALFARO, JUSTO
CABANAYAN, and MILA GAVIOLA for the reason that I
already left the Philippines on March 1991 and I was still in
Anaheim Hills, California, U.S.A., at the time of the killings
between June 29 and 30, 1991. Specifically, I am denying:

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;

3.2 Paragraphs 1 to 8 of Annex C; and

3.3. Paragraphs 4, 9, 10 and 11 of Annex D.

The truth of the events that transpired during the dates


aforementioned are laid down in the subsequent paragraphs;

4. That in the early months of 1991, my parents, Freddie and


Elizabeth Webb, sent me to the United States (U.S.) to learn the
value of independence, hard work, and money. Attached herein as
Annex 1 is the affidavit of FREDDIE WEBB;

5. That it was agreed that my aunt Gloria Webb, whose husband


Richard Webb is the eldest brother of my father, would accompany
me to the U.S. Attached herein as Annex 2 is the affidavit of
GLORIA WEBB;

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);

7. That I then told my friends, including my neighbor, Jennifer Claire


Cabrera, and my basketball buddy, Joselito Orendain Escobar, of
my travel plans. I invited them to my despedida party held on
March 8, 1991 at Faces Disco along Makati Avenue. Attached
herein as Annexes 4 and 5 are the affidavits of JENNIFER
CLAIRE CABRERA and JOSELITO ORENDAIN ESCOBAR,
respectively;

8. That on March 8, 1991, the eve of my departure to the U.S., I took


my then girlfriend, Milagros Castillo, to dinner at Bunchums at the
Makati Cinema Square. I also arranged a blind date for Rafael Jose
and Tina Calma who both joined us in Bunchums. Attached herein
as Annexes 6, 7, and 8 are the affidavits of MILAGROS
CASTILLO, RAFAEL JOSE, and TINA CALMA, respectively;

9. That later that night, we all headed to Faces Disco for my


despedida party where my friends Paolo Santos and Jay Ortega
were also present. Herein attached are the affidavits of PAULO
SANTOS (Annex 9) and JAY ORTEGA (Annex 10);
10. That the despedida party did not end until 3:00 in the morning
of the next day. I arrived home at 5:00 in the morning after
dropping off my girlfriend Milagros at her house;

11. That I headed straight to the airport from my house on the


morning of March 9, 1991 and left for San Francisco, California
with my Aunt Gloria on board United Airlines Flight 808 using the
tickets Rajah Tours booked for us. It was the first time I had gone
out of the country. Herein attached are the affidavits of
JOSEFINA NOLASCO of Rajah Tours (Annex 11) and the
United Airlines Flights Passenger Manifest (Annex 12);

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);

13.That upon arrival in San Francisco, I went through the U.S.


Immigration which recorded my entry into the country, as shown
by an INS Certification issued by the U.S. Immigration and
Naturalization Service (Annex 16 to follow);

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);

18. That during my stay in Anaheim, I spent most of my time


playing basketball with Steven Keeler. Herein attached is the
affidavit of STEVEN KEELER (Annex 24);

19.That I also worked at the Environment First Termite Control


(EFTC), a pest control company owned by my cousin-in-law Alex
del Toro. Attached herein are the following documents in
connection with my employment:

a. Certification of employment (Annex 25);


b. Paychecks (Annex 26); and
c. Company identification card (ID) (Annex 27);

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;

22. That on June 28, 1991, my parents visited me at Anaheim and


stayed with the Brottmans;

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:

a. Car plate (“LEW WEBB”) (Annex 31); and


b. Public records of California Department of Motor
Vehicle (Annex 32);

24. That in using the car in the U.S., I even received a few traffic
citations (Annex 33);

25. That on June 30, 1991, and again accompanied by my father


and Aragon, I bought a bicycle at Orange Cycle Center. Herein
attached is the receipt for my purchase of the bicycle (Annex 34);

26. That on July 3, 1991, I toured Disneyland California with my


family where Luis Wheelock filmed us;
27. That on July 4, 1991, my family, the Brottmans, and the Vaca
family had a lakeside picnic to commemorate the U.S.
Independence Day;

28. That I continued to stay with the Brottmans until mid-July,


after which I rented a place for less than a month;

29. That on August 4, 1991, I left for Longwood, Florida, to stay


with the spouses Jack and Sonja Rodriguez. During my stay in
their home, I met Armando Rodriguez with whom I spent time. We
played basketball on weekends, watched movies, and played
billiards. Herein attached are the affidavits of the spouses JACK
AND SONJA RODRIGUEZ (Annex 35) and ARMANDO
RODRIGUEZ (Annex 36);

30. That in November 1991, I met performing artist Gary


Valenciano, a friend of Jack Rodriguez, who was invited for a
dinner at the Rodriguez household. Attached herein is the affidavit
of EDGARDO JOSE “GARY” SANTIAGO VALENCIANO
(Annex 37);

31. That I left Longwood, Florida in 1992 and returned to Anaheim


where I stayed with my aunt Imelda Pagaspas, my godmother and
a sister of my mother. Attached herein is the affidavit of IMELDA
PAGASPAS (Annex 38);

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);

35. That upon my return, in October 1992, I spent most of my time


playing basketball with my friends Paolo Santos, Joselito Erondain
Escobar, and Rafael Jose in the basketball court of BF Homes
Phase III;

36. That the Supreme Court, in several of its decisions, pronounced


that for the defense of alibi to prosper, the accused must prove not
only that he was at some other place at the time of the commission
of the crime but also that it was physically impossible for him to be
at the locus criminis or within its immediate vicinity;

37. That from the narration of my whereabouts from the early


months of 1991 to October 1992, it is clear that not only was I not
in the Vizconde household in Parañaque City on the date the crime
allegedly transpired, but it was also physically impossible for me to
be at the locus criminis or within its immediate vicinity as I was
already in the U.S.;

38. That it is a settled rule that alibi and denial, if substantiated by


clear and convincing evidence, is sufficient to exonerate the
accused from criminal liability;

39. That aside from my own testimony, my narration is supported


by affidavits of persons who were with me during this particular
period of time, papers which documented my entry to and
departure from the U.S. as well as my stay therein, and other
pieces of evidence which placed my location outside the
Philippines on the date the crime was allegedly committed;

40. That I do not know nor have I ever met CARMELA


VIZCONDE and her family;

41.That I likewise do not know nor have I ever met JESSICA


ALFARO. It is only by reason of this present case that my family
came to know that Alfaro is, in fact, a civilian asset of the National
Bureau of Investigation (NBI). Herein attached as Annex 41 is the
affidavit of ATTY. ARTEMIO SACAGUING, former head of the
NBI Anti-Kidnapping, Hijacking and Armed Robbery Task Force,
who managed Alfaro as an NBI asset;

42. That aside from HOSPICIO FERNANDEZ and MICHAEL


RODRIGUEZ, I have never met the other co-respondents in this
case. I used to play basketball with Fernandez at BF Homes Phase
III, during which I also met Rodriguez;

43. That this Counter-Affidavit is being executed to attest to the


truth of all the foregoing facts and events and to disclaim all the
accusations against me; and

44. That given the foregoing premises, it is respectfully prayed that


the complaint be dismissed for lack of probable cause.
IN WITNESS WHEREOF, I have hereunto set my hand this
31st day of July 1995 at Parañaque City.

HUBERT JEFFREY P. WEBB


Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that he has voluntarily executed and
understood the contents of his counter-affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, FREDDIE NELLE WEBB, Filipino, married, and a resident


of 7 Dahlia Street, BF Homes Executive Village, Parañaque City, after
having been duly sworn to in accordance with the law, hereby depose
and say:

1. That I am the father of Hubert Jeffrey Webb (“Hubert”),


one of the respondents in Criminal Case NPS Docket No. XV-
10-INV-95G-00099 for rape with homicide;

2. That I am executing this affidavit to corroborate the narration


of facts made by Hubert in his counter-affidavit to show that it
was physically impossible for him to be in the Philippines
between June 29 and 30, 1991, the period when the crime
supposedly took place;

3. That during the early months of 1991, my wife ELIZABETH


PAGASPAS WEBB (“Elizabeth”) and I decided to send our
son Hubert to the United States (U.S.) to help him appreciate
the values of independence, hard work and perseverance, and
for him to learn how to get along and live with other people;

4. That I talked to my sister-in-law GLORIA WEBB (“Gloria”)


to ask her to accompany Hubert to the U.S., and she agreed;

5. That Hubert and my sister-in-law Gloria left the Philippines for


the U.S. on March 9, 1991. It was the first time Hubert left the
country;

6. That from the time Hubert arrived in the U.S., he kept in


constant communication with Elizabeth and I through
telephone calls. He always updated us about his activities in the
U.S.;

7. That sometime in May 1991, Hubert informed me that he was


moving to Anaheim Hills, California, as he was invited by his
aunt and my sister-in-law, SUSAN BROTTMAN;
8. That during his stay in Anaheim, Hubert shared that he was
able to find work in the pest control company of his cousin-in-
law, ALEX DEL TORO;

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;

11. That upon arriving at Anaheim, I introduced HONESTO


ARAGON (“Honesto”) to Hubert;

12.That on the following day, June 29, 1991, Honesto and I


accompanied Hubert to Riverside, California to look for a car.
We bought an MR2 Toyota car and paid for it with a check.
Hubert was able to secure a license plate for his new vehicle;

13.That the next day, June 30, 1991, Honesto and I again
accompanied Hubert, this time to buy a bicycle at Orange Cycle
Center;

14.That I toured Disneyland California with my family, Hubert


included, on July 3, 1991 where Luis Wheelock filmed us;

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;

16.That from San Francisco, my wife and I went to Orlando,


Florida, then went back to Los Angeles, and returned to the
Philippines on July 21, 1991;

17. That sometime in August 1991, Hubert informed me that he left


for Longwood, California and was staying with the spouses
JACK AND SONJA RODRIGUEZ who are close family
friends of ours;

18. That sometime in 1992, Hubert let me know that he


returned to Anaheim and was staying with his aunt IMELDA
PAGASPAS;
19.That Hubert then informed us that he was coming back to the
Philippines on October 26, 1992;

20. That Hubert arrived in the Philippines only on October


27, 1992 and stayed at our home in Dahlia Street, BF Homes
Executive Village, Parañaque City; and

21.That I am executing this affidavit to attest to the truth of the


foregoing statement.

IN WITNESS WHEREOF, I hereunto affix my signature this


31st day of July 1995 at Parañaque City.

FREDDIE NELLE WEBB


Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, GLORIA WEBB, Filipino, married, and a resident of Daly


City, California, U.S.A., after having been duly sworn to in accordance
with the law, hereby depose and say:

1. That I am the aunt of HUBERT JEFFREY WEBB


(“Hubert”), one of the respondents in Criminal Case NPS
Docket No. XV-10-INV-95G-00099 for rape with homicide,
being the sister-in-law of Hubert’s father;

2. That I am executing this affidavit to corroborate the narration


of Hubert in his counter-affidavit and to shed light on his
whereabouts from the months of March to May 1991;

3. That during the early months of 1991, Hubert’s father Freddie


Webb told me about his family’s plan to send Hubert to the
United States (U.S.) and asked me to accompany him there;

4. That on March 9, 1991, I traveled with Hubert on a United


Airlines flight to San Francisco;

5. That in the U.S., Hubert stayed at my residence at 639 Gellert


Boulevard, Daly City, California where he spent most of his time
with my grandson CHRISTOPHER PAUL LEGASPI
ESGUERRA;

6. That Hubert and Christopher attended a concierto in the


evenings. Hubert also joined and helped Christopher with the
latter’s business;

7. That while living with us, Hubert joined us when we went to


church, the malls and in shopping;

8. That in April 1991, Hubert informed me that he was going on a


trip to Lake Tahoe with MRS. DOROTHY WHEELOCK and
her family;
9. That sometime in May 1991, Hubert left my residence in Daly
City, California to be with his mother’s sisters and relatives in
Anaheim Hills, California; and

10. That I am executing this affidavit to attest to the truth of


the foregoing statement.

IN WITNESS WHEREOF, I hereunto affix my signature this


31stday of July 1995 at Parañaque City.

GLORIA WEBB
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that she has voluntarily
executed and understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, JENNIFER CLAIRE CABRERA, single, of legal age,


Filipino and a resident of Dahlia Street, BF Homes Executive Village,
Parañaque City, after having been sworn to in accordance with law,
do hereby depose and state:

1. That I personally know one of the respondents in Criminal Case


NPS Docket No. XV-10-INV-95G-00099 for rape with
homicide, HUBERT JEFFREY WEBB (“Hubert”), as we
are neighbors at Phase 3, BF Homes, Parañaque City;

2. That Hubert and I grew up together and went to the same


school in elementary and high school;

3. That since then, we became very close friends as well as our


families;

4. That Hubert and I usually hang out together with our friends;

5. That sometime in February 1991, Hubert told us of his plan of


going to the United States to learn the value of independence,
hard work, and money. He then invited us to his despedida
party on March 8, 1991 at Faces Disco along Makati Avenue;

6. That I was not able to go to his despedida party due to prior


commitment and personal reasons;

7. That I bid farewell to Hubert before he left their home in the


morning of March 9, 1991 for his flight to the United States;

8. That when Hubert was in the United States, he mailed me


handwritten letters;

9. That I am executing this affidavit to attest the truth of the


forgoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31stday of July 1995 at Parañaque City.
JENNIFER CLAIRE CABRERA
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that she has voluntarily
executed and understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, JOSELITO ESCOBAR, single, of legal age, Filipino and a


resident of 001 Francisco St., BF Homes Phase 3, Parañaque City,
after having been sworn to in accordance with law, do hereby depose
and state:

1. That I personally know one of the respondents in Criminal Case


NPS Docket No. XV-10-INV-95G-00099 for rape with
homicide, HUBERT JEFFREY WEBB (“Hubert”), as we are
good friends and basketball buddies;

2. That we usually hangout and play basketball at BF Homes


Phase 3’s basketball court;

3. That sometime in February 1991, Hubert told our barkada of


his plan to go to the United States. He then invited us to his
despedida on March 8, 1991 at Faces Disco along Makati
Avenue;

4. That I attended Hubert’s despedida party;

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;

6. That I am executing this affidavit to attest the truth of the


forgoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31st day of July 1995 at Parañaque City.

JOSELITO ESCOBAR
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, MILAGROS CASTILLO, single, of legal age, Filipino and


resident of 321 Broadway Avenue, New Manila, Quezon City, after
having been duly sworn to in accordance with the law, do hereby
depose and state:

1. That I personally know one of the respondents in Criminal Case


NPS Docket No. XV-10-INV-95G-00099 for rape with
homicide, HUBERT JEFFREY WEBB (“Hubert”);

2. That Hubert and I were in a relationship since January 1990;

3. That sometime in February 1991, he told me that his parents


wanted to send him to the United States to learn the value of
hard work, independence and money;

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;

5. That his flight was on March 9, 1991;

6. That we started planning his despedida party, which he decided


to be held at Faces Disco along Makati Avenue on March 8,
1991;

7. That on the evening of March 8, 1991, before going to his


despedida party, Hubert took me out to dinner at Bunchums at
the Makati Cinema Square;

8. That RAFAEL JOSE, Hubert’s basketball buddy, and TINA


CALMA, the blind date Hubert set up for Rafael, joined us for
dinner;

9. That after eating dinner, Hubert, Rafael, Tina and I proceeded


to the Faces Disco along Makati Avenue for the despedida
party;

10. That some of Hubert’s friends caught up with us at the


Faces disco;
11. That we left Faces Disco at around 3’o clock in the morning the
next day. Hubert then drove me home;

12.That I am executing this affidavit to attest the truth of the


forgoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31stday of July 1995 at Parañaque City.

MILAGROS CASTILLO
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that she has voluntarily
executed and understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, RAFAEL JOSE, single, of legal age, Filipino and resident of


345 Kundiman St., Dr. A Santos Avenue, Parañaque City, after having
been sworn to in accordance with law, do hereby depose and state:

1. That I personally know one of the respondents in Criminal Case


NPS Docket No. XV-10-INV-95G-00099 for rape with
homicide, HUBERT JEFFREY WEBB (“Hubert”), as our
families are good friends;

2. That Hubert and I share the same hobby which is basketball;

3. That sometime in February 1991, Hubert told our barkada


about his plan of leaving the Philippines and going to the
United States. He then invited us to his despedida party;

4. That a week before his despedida party, he told me that he will


set me up for a blind date with his friend TINA CALMA;

5. That on March 8, 1991, Hubert, his girlfriend MILAGROS


CASTILLO, Tina and I went on a double date and ate dinner at
Bunchums at the Makati Cinema Square;

6. That after eating dinner, we then proceeded to Faces Disco


along Makati Avenue for Hubert’s despedida party;

7. That we left the venue at around 3 o’clock in the morning and


respectively went to our homes;

8. That I was not able to see Hubert until his return in October
1992;

9. That I am executing this affidavit to attest the truth of the


forgoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31stday of July 1995 at Parañaque City.
RAFAEL JOSE
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, TINA CALMA, Filipino, single, and a resident of Parañaque


City, after having been duly sworn to in accordance with the law,
hereby depose and say:

1. That I am a friend of HUBERT JEFFREY WEBB


(“Hubert”), one of the respondents in Criminal Case NPS
Docket No. XV-10-INV-95G-00099 for rape with homicide;

2. That I have known Hubert since our teenage years because our
families are friends;

3. That sometime in March 1991, Hubert told me that he was


having a despedida party at Faces Disco along Makati Avenue
since he was leaving for the United States;

4. That Hubert told me that he was setting me up on a blind date


on the eve of his departure;

5. That upon Hubert’s invitation, I went to Bunchums at the


Makati Cinema Square on March 8, 1991 for the blind date he
set up with RAFAEL JOSE (“Jose”). Rafael Jose and I then
joined Hubert and his then girlfriend Milagros Castillo for
dinner;

6. That we thereafter proceeded to Faces Disco for Hubert’s


despedida party as he was leaving the next day;

7. That I have not seen or heard from Hubert until sometime in


October 1992 when I learned from Jose that Hubert was back in
the Philippines;

8. That I am executing this affidavit to attest to the truth of the


foregoing statement.
IN WITNESS WHEREOF, I hereunto affix my signature this
31st day of July 1995 at Parañaque City.

TINA CALMA
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that she has voluntarily
executed and understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, PAOLO SANTOS, Filipino, single, and a resident of United


BF Homes, Parañaque City, after having been duly sworn to in
accordance with the law, hereby depose and say:

1. That I am a friend of HUBERT JEFFREY WEBB


(“Hubert”), one of the respondents in Criminal Case NPS
Docket No. XV-10-INV-95G-00099 for rape with homicide;

2. That I have known Hubert since we were young because we


used to play basketball together;

3. That sometime in February 1991, Hubert invited me to his


despedida party at Faces Disco along Makati Avenue to be held
on March 8, 1991 after he told me that he was leaving for the
United States (U.S.);

4. That on March 8, 1991, the eve of Hubert’s flight to the U.S., I


went to Faces Disco with one of our friends JAY ORTEGA for
Hubert’s despedida party. There I saw Hubert, his then
girlfriend MILAGROS CASTILLO and several other friends;

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;

6. That I am executing this affidavit to attest to the truth of the


foregoing statement.

IN WITNESS WHEREOF, I hereunto affix my signature this


31stday of July 1995 at Parañaque City.
PAOLO SANTOS
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, JAY ORTEGA, Filipino, single, and a resident of Makati


City, after having been duly sworn to in accordance with the law,
hereby depose and say:

1. That I am a friend of HUBERT JEFFREY WEBB


(“Hubert”), one of the respondents Criminal Case NPS Docket
No. XV-10-INV-95G-00099 for rape with homicide;

2. That I met Hubert through one of our mutual friends, PAOLO


SANTOS (“Santos”);

3. That sometime in March 1991, Santos informed me that Hubert


was leaving for the United States (U.S.) and was throwing a
despedida party on the eve of his departure;

4. That on March 8, 1991, I went to Faces Disco along Makati


Avenue with Santos for Hubert’s despedida party. I saw Hubert
and several of our friends there;

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;

7. That I am executing this affidavit to attest to the truth of the


foregoing statement.

IN WITNESS WHEREOF, I hereunto affix my signature this


31st day of July 1995 at Parañaque City.

JAY ORTEGA
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, JOSEFINA NOLASCO, single, of legal age, Filipino and a


resident of 012 Maligaya St., Tondo, Manila, after having been sworn
to in accordance with law, do hereby depose and state:

1. That I am the general manager of Rajah Tours, an authorized


travel agency in the Philippines, located at 8th floor, Suite 801,
Ma. Natividad Bldg., Ermita, Manila;

2. That on February 1, 1991, HUBERT JEFFREY WEBB


(“Hubert”), one of the respondents in Criminal Case NPS
Docket No. XV-10-INV-95G-00099 for rape with homicide, and
GLORIA WEBB (“Gloria”) went to our agency to book a
flight to the United States of America;

3. That I was the one who assisted them in booking their flight;

4. That a one-way flight was booked in the names of Gloria and


Hubert to San Francisco, United States via United Airlines
flight 808 dated March 9, 1991;

5. That as standard operating procedure, the travel agency issued


a travel invoice which includes the booking details such as the
destination and the date of departure/return of the customer/s;

6. That based on our database, both Gloria and Hubert have used
their plane tickets dated March 9, 1999 to San Francisco, USA;

7. That I am executing this affidavit to attest the truth of the


forgoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31st day of July 1995 at Parañaque City.

JOSEFINA NOLASCO
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that she has voluntarily
executed and understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, FERDINAND SAMPOL, 30, married, and a resident of


Parañaque, Philippines after having been sworn in accordance with
the law, do hereby depose and state:

1. That I am an immigration officer at the Ninoy Aquino


International Airport;
2. That the one of the respondents in Criminal Case NPS
Docket No. XV-10-INV-95G-00099 for rape with homicide,
HUBERT JEFFREY WEBB (“Hubert”), departed from
the Philippines on March 9, 1991 and I was the one who was
seated at the departure immigration counter;
3. That I can still recall how Webb casually approached my
counter to undergo immigration passenger profiling;
4. That upon seeing that all of Webb's travel papers to San
Francisco, United States were in order, I checked his Visa
and stamped and initialed his passport. He was thereafter
cleared in less than 3 minutes;
5. That I executed this affidavit to attest the truthfulness of the
foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31st day of July 1995 at Parañaque City.

FERDINAND SAMPOL
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, MARIA TERESA KEAME, of legal age, married, a


naturalized American Citizen, and a resident of 685 Beach St, San
Francisco, California 94109, United States of America, after having
been duly sworn in accordance with law, do hereby depose and state:
1. That one of the respondents Criminal Case NPS Docket No.
XV-10-INV-95G-00099 for rape with homicide, HUBERT
JEFFREY WEBB (“Hubert”), is personally known to me,
he being my first cousin. My father and Hubert’s father are
full-blood siblings;
2. That on March 10, 1991, at around 9 in the morning, I
headed to San Francisco International Airport to fetch my
mother and Hubert, whose expected time of arrival from the
Philippines was 10 AM;
3. That by 11 in the morning, after having passed the
immigration and after claiming their baggage, I finally saw
my mother and Hubert;
4. That thereafter, I brought both my Mother and Hubert to the
former’s house at 639 Gellert Boulevard, Daly City,
California which is approximately a 20-minute drive away
from the Airport;
5. That I executed this affidavit to attest the truthfulness of the
foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31stday of July 1995 at Parañaque City.

MARIA TERESA KEAME


Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that she has voluntarily
executed and understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, CHRISTOPHER PAUL LEGASPI ESGUERRA, of legal


age, single, a naturalized American Citizen, and a resident of
California, UNITED STATES OF AMERICA, after having been duly
sworn in accordance with law, do hereby depose and state:
1. That I personally know one of the respondents in Criminal
Case NPS Docket No. XV-10-INV-95G-00099 for rape with
homicide, HUBERT JEFFREY WEBB (“Hubert”),
whom I call Uncle Hubert as he is the first cousin of my
mother;
2. That since Hubert’s arrival in California on March 10, 1991,
together with my grandmother, GLORIA WEBB
(“Gloria”), we have gotten along well;
3. That on several occasions, we hung out together—by eating
at restaurants, watching football games, or watching movies;
4. That on April 1991, Hubert, my friend DAPHNE
DOMINGO, and I watched the concert of Deelite Band in
San Francisco;
5. That I executed this affidavit to attest the truthfulness of the
foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31stday of July 1995 at Parañaque City.

CHRISTOPHER PAUL ESGUERRA


Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.
I hereby CERTIFY that I personally examined the above-
named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, DOROTHY WHEELOCK, of legal age, married, an


American Citizen, and a resident of Elk Grove, California, United
States of America, after having been sworn in accordance with the
law, do hereby depose and state:
1. That I personally know one of the respondents in Criminal
Case NPS Docket No. XV-10-INV-95G-00099 for rape with
homicide, HUBERT JEFFREY WEBB (“Hubert”), since
he is the son of my good friend, ELIZABETH WEBB;
2. That I first met Hubert when I visited the Philippines;
3. That on April 1991, upon learning of Hubert’s stay in the
States, my family invited him to see Lake Tahoe in my
meager attempt to return the Webbs’ hospitality during my
stay in the Philippines;
4. That Hubert accepted my abovementioned invitation. Thus,
Hubert and the rest of my family went to Lake Tahoe where
we hiked and swam;
5. That I executed this affidavit to attest the truthfulness of the
foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31stday of July 1995 at Parañaque City.

DOROTHY WHEELOCK
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.
I hereby CERTIFY that I personally examined the above-
named affiant and that I am satisfied that she has voluntarily
executed and understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, SUSAN BROTTMAN, of legal age, married, an American


Citizen, a resident of Anaheim, Orange County, California, United
States of America, after having sworn in accordance with law, do
hereby depose and state:
1. That one of the respondents in Criminal Case NPS Docket
No. XV-10-INV-95G-00099 for rape with homicide,
HUBERT JEFFREY WEBB (“Hubert”), is personally
known to me, he being my nephew.
2. That on May 1991, Hubert moved to my place at Anaheim,
California upon my invitation until mid-July of the same
year;
3. Thereafter, he rented a place for less than a month before
moving to Longwood, Florida;
4. That during the incumbency of his stay at my place, he never
left, and would only do so when he needed to go to work,
play basketball or hang out with his co-workers, all of which
never lasted for more than a day;
5. That I executed this affidavit to attest the truthfulness of the
foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31st day of July 1995 at Parañaque City.

SUSAN BROTTMAN
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that she has voluntarily
executed and understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, STEVEN KEELER, of legal age, married, an American


Citizen, and a resident of Anaheim Hills, California, United States of
America, after having been duly sworn in accordance with the law, do
hereby depose and state:

1. That I know one of the respondents Criminal Case NPS


Docket No. XV-10-INV-95G-00099 for rape with homicide,
HUBERT JEFFREY WEBB (“Hubert”), personally, for
he was my co-worker in the Environment First Termite
Control company in South Laguna Beach, California
sometime in 1991;
2. That we used to play basketball once or twice a week;
3. That we have always been together from June to July 1991
either at work, or in numerous recreational activities such as
playing basketball;
4. That I executed this affidavit to attest the truthfulness of the
foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31st day of July 1995 at Parañaque City.

STEVEN KEELER
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.
I hereby CERTIFY that I personally examined the above-
named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, HONESTO ARAGON, American, married, and a resident of


Anaheim Hills, California, United States of America, after having
been duly sworn to in accordance with the law, hereby depose and
say:

1. That I personally know HUBERT JEFFREY WEBB


(“Hubert”), one of the respondents in Criminal Case NPS
Docket No. XV-10-INV-95G-00099 for rape with homicide;

2. That I am a close friend and former basketball teammate at


Colegio de San Juan de Letran of then Congressman FREDDIE
WEBB (“Freddie”);

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;

5. That Freddie introduced me to his son Hubert who, according


to Freddie, was planning to procure a bicycle for himself;

6. That the following day, June 29, 1991, I accompanied Freddie


and Hubert to Riverside, California where they shopped for a
car for Hubert;

7. That on June 30, 1991, I once again accompanied Freddie and


Hubert to the Orange Cycle store where they bought a bicycle;

8. That I am executing this affidavit to attest to the truth of the


foregoing statement.
IN WITNESS WHEREOF, I hereunto affix my signature this
31st day of July 1995 at Parañaque City.

HONESTO ARAGON
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

JOINT AFFIDAVIT OF WITNESSES

We, JACK RODRIGUEZ and SONIA RODRIGUEZ, of legal


age, married, and residents of Longwood, Florida, United States of
America after having been duly sworn in accordance with law, do
hereby depose and state:

1. That we personally know one of the respondents in Criminal


Case NPS Docket No. XV-10-INV-95G-00099 for rape with
homicide, HUBERT JEFFREY P. WEBB (“Hubert”)
since he was a child;
2. That we have been friends with Hubert’s family, especially
his parents then Congressman FREDDIE WEBB and
ELIZABETH WEBB;
3. That Hubert stayed at our home in Longwood, Florida for
almost a year starting August 4, 1991;
4. That Hubert left Orlando, Florida sometime in January 1992;
5. That we executed this affidavit to attest the truthfulness of
the foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, we hereunto affix our signatures this


31stday of July 1995 at Parañaque City.

JACK RODRIGUEZ
Affiant

SONJA RODRIGUEZ
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiants and that I am satisfied that they have voluntarily
executed and understood the contents of their Joint Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, ARMANDO RODRIGUEZ, 31, married, and a resident of


Orlando, Florida, United States of America, after having been sworn
in accordance with the law, do hereby depose and state:

1. That I personally know one of the respondents in Criminal


Case NPS Docket No. XV-10-INV-95G-00099 for rape with
homicide, HUBERT JEFFREY WEBB (“Hubert”), as he
stayed with my parents at their residence in Longwood,
Florida;

2. That Hubert stayed with my parents from August 1991 until


August 1992;

3. That during the said period, we spent time playing basketball


on weekends, watching movies, and playing billiards;

4. That I executed this affidavit to attest to the truthfulness of


the foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31stday of July 1995 at Parañaque City.

ARMANDO RODRIGUEZ
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.
I hereby CERTIFY that I personally examined the above-
named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, EDGARDO JOSE “GARY” SANTIAGO VALENCIANO,


31, married, and a resident of Greenhills, San Juan, Metro Manila,
Philippines, after having been duly sworn in accordance with law, do
hereby depose and state:

1. That I was in the United States (U.S.) on November 1991 to


perform and promote my seventh studio album, “Shout4Joy”
which was released during the same year;

2. That on November 24, 1991, while I was in the U.S., I was


invited to have dinner at the residence of JACK AND
SONJA RODRIGUEZ (“Spouses Rodriguez”) in
Longwood, California. I know the Spouses Rodriguez
because they are the parents of my high school classmate,
Antonio Rodriguez;

3. That during the dinner in the Rodriguez household, I


personally saw and had conversed with the one of the
respondents in Criminal Case NPS Docket No. XV-10-INV-
95G-00099 for rape with homicide, HUBERT JEFFREY
P. WEBB (“Hubert”);

4. That during the said brief encounter, we had conversations


on the subject of basketball;

5. That I executed this affidavit to attest the truthfulness of the


foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31st day of July 1995 at Parañaque City.
EDGARDO JOSE VALENCIANO
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------X

AFFIDAVIT OF WITNESS

I, IMELDA PAGASPAS, 63, single, and a resident of Anaheim


Hills, California, United States of America, after having been sworn in
accordance with the law, do hereby depose and state:

1. That I personally know one of the respondents in Criminal


Case NPS Docket No. XV-10-INV-95G-00099 for rape with
homicide, HUBERT JEFFREY P. WEBB (“Hubert”),
since his childhood;
2. That I am Hubert’s godmother and aunt, being the sister of
her mother ELIZABETH PAGASPAS WEBB;
3. That Hubert had stayed in my home in Anaheim, California
from August 1992 until he left for the Philippines on October
26, 1992;
4. That while in my home in Anaheim, Hubert kept himself
busy by playing basketball and going out with his friends;
5. That I executed this affidavit to attest the truthfulness of the
foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I hereunto affix my signature this


31stday of July 1995 at Parañaque City.

IMELDA PAGASPAS
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.
I hereby CERTIFY that I personally examined the above-
named affiant and that I am satisfied that she has voluntarily
executed and understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, ARTEMIO SACAGUING, 50, married, and a resident of


#34 Green Villa Southville, Parañaque City, after having been sworn
in accordance with law, do hereby depose and state that:

1. I am the former head of the NBI Anti-Kidnapping, Hijacking,


and Armed Robbery Task Force (AKHAR) Section of the
National Bureau of Investigation (NBI);

2. I was assigned to head the task force to resolve the “Vizconde


massacre” case;

3. I saw witness for the complainant JESSICA ALFARO


(“Alfaro”) hanging out at the NBI Headquarters sometime
in November or December 1994;

4. I knew Alfaro to be a reliable asset and to whom the office


would depend on for tips or information regarding our
operations;

5. Some of the information Alfaro supplied led to the capture of


notorious drug pushers like Christopher Cruz Santos and
Orlando Bacquir. Alfaro’s tip also led to the arrest of the
leader of the Martilyo gang that killed a police officer;

6. Alfaro informed me that she knew a person who could tell


the real story behind the Vizconde massacre and promised to
arrange a meeting with this possible informant or witness;

7. Unfortunately, the meeting with the supposed reliable source


did not happen, hence, Alfaro herself volunteered to assume
the role of the said informant. In her own words, she said:
“Papapelan ko na lang yan.”;

8. I did not concede to her suggestion as she was not an eye


witness to the crime;

9. I executed this affidavit to attest the truthfulness of the


foregoing facts and for whatever purposes it may serve.
IN WITNESS WHEREOF, I hereunto affix my signature this
31st day of July 1995 at Parañaque City.

ARTEMIO SACAGUING
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I personally examined the above-


named affiant and that I am satisfied that he has voluntarily executed
and understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
Republic of the Philippines
DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Paranaque City

LAURO G. VIZCONDE
Complainant,

NPS No. XV-10-INV-95G-00099


For: RAPE WITH HOMICIDE
-versus-

HUBERT JEFFREY P. WEBB,


ANTONIO LEJANO II,
HOSPICIO FERNANDEZ,
MICHAEL A. GATCHALIAN,
MIGUEL RODRIGUEZ,
PETER ESTRADA, JOEY
FILART, ARTEMIO
VENTURA and GERARDO
BIONG,
Respondents.

x-------------------------------------x

COUNTER-AFFIDAVIT

I, ANTONIO LEJANO II, also known as “TONY BOY”,


Filipino citizen, of legal age, single, and a resident of 16 J. Roxas
Street, BF Homes Executive Village, Paranaque City, after having
been duly sworn in accordance with the law, hereby depose and state:
1. That I am one of the Respondents in NPS Docket No. XV-10-
INV-95G-000099 being charged for the crime of Rape with
Homicide;

2. That this Counter-Affidavit is executed as a response to the


Complaint-Affidavit of LAURO G. VIZCONDE in
connection with the investigation by the National Bureau of
Investigation (NBI) regarding the deaths of Estrellita
Vizconde, Carmela Vizconde and Jennifer Vizconde at their
residence on June 30, 1991;

3. That while the Complaint-Affidavit failed to set forth with


sufficient particularity the allegations against any one of the
respondents, I am executing this Counter-Affidavit to
specifically deny the narration made by JESSICA
ALFARO in her Affidavit. The truth of my whereabouts
during the time referred to by Alfaro shall be laid down in
the following paragraphs;

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;

5. That I left the Syap residence in the early morning of June


30, 1991 where Cas and MICHAEL “MIKE”
GATCHALIAN, one of my co-respondents in this case,
brought me home. When we reached my house, my mother
PINKY DE LEON invited them for some breakfast;

6. That on July 5, 1991, Cas and I went to the police station


because we came to know that Mike was picked up by police
officers as a suspect in the deaths of the Vizcondes;

7. That upon seeing police officer GERARDO BIONG, one of


my co-respondents in this case, Cas and I told him that we
were willing to vouch for Mike’s innocence and volunteered
ourselves to give statements to that effect;

8. That upon my return to the police station the following


morning of July 6, 1991, Biong wanted to have my
fingerprints taken but I refused, insisting that I had nothing
to do with the Vizconde killings. Instead, I told Biong that I
needed to consult someone first;
9. That I was eventually constrained to submit myself for
fingerprinting after my name came out in numerous news
reports released by the media in relation to the Vizconde
killings;

10. That in addition, with the exception of MIGUEL


"GING" RODRIGUEZ and MICHAEL "MIKE"
GATCHALIAN who are my former schoolmates in the De
La Salle College of Saint Benilde, I do not know any of the
other respondents named in the criminal complaint;

11. That the Rules of Court of the Philippines, specifically


Rule 133, Sec. 2 thereof, provides:

Proof beyond reasonable doubt – In a criminal case,


the accused is entitled to acquittal unless his guilt is
shown beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a degree of
proof as, excluding the possibility of error, produces
absolute certainty. Moral certainty only is required, or
that degree of proof which produces conviction in an
unprejudiced mind.

12.That, furthermore, the Supreme Court has held that:

In every criminal prosecution, the state must prove


beyond reasonable doubt, all the elements of the crime
charged and the complicity or participation of the
accused. Conviction must rest on the strength of the
prosecution’s evidence and not on the weakness of the
defense. While a lone witness testimony is sufficient to
convict an accused in certain instances, the testimony must
be clear, consistent, and with credible qualities.

13.That applying the foregoing, it is clear that the


uncorroborated testimony of JESSICA ALFARO, whom I
do not know and have never met, is nowhere near sufficient
to implicate me in the crime allegedly committed;

14. That I do not know CARMELA VIZCONDE nor have I


met anyone from her family;

15. That I am executing this affidavit to attest to the truth of the


foregoing statement and to belie the allegations in the
complaint and its supporting affidavits; and
16.That it is respectfully prayed that the complaint be dismissed
for lack of probable cause.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 31st day of July, 1995 at Paranaque, Philippines.

ANTONIO LEJANO II
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Paranaque City, Philippines.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that he has voluntarily executed and
understood the contents of his Counter-Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES )
CITY OF PARANAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, PINKY DE LEON, Filipino citizen, of legal age, married,


and a resident of 16 J. Roxas St., BF Homes Executive Village,
Paranaque City after having been duly sworn in accordance with the
law, hereby depose and say:

1. That ANTONIO LEJANO II (“Tony Boy”), one of the


respondents in NPS Docket No. XV-10-INV-95G-000099 for
the crime of Rape with Homicide, is my eldest son;

2. That on the night of June 29, 1991, Tony Boy asked my


permission so that he could head to the house of CARLOS
SYAP (“Cas”) at Ayala Alabang Village. Knowing that Cas is a
good friend of his, I allowed Tony Boy to go;

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;

6. That I am executing this affidavit to attest to the truthfulness of


the foregoing facts.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 31st day of July, 1995 at Paranaque, Philippines.
PINKY DE LEON
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Paranaque City, Philippines.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that she has voluntarily executed and
understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
Republic of the Philippines
DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Paranaque City

LAURO G. VIZCONDE
Complainant,

NPS No. XV-10-INV-95G-00099


For: RAPE WITH HOMICIDE
-versus-

HUBERT JEFFREY P. WEBB,


ANTONIO LEJANO II,
HOSPICIO FERNANDEZ,
MICHAEL A. GATCHALIAN,
MIGUEL RODRIGUEZ,
PETER ESTRADA, JOEY
FILART, ARTEMIO
VENTURA and GERARDO
BIONG,
Respondents.

x-------------------------------------x

COUNTER-AFFIDAVIT

I, HOSPICIO FERNANDEZ, also known as “PYKE”,


Filipino, 21 years old, single, residing in 15 Gencito St. Pitong Daan,
BF Homes Executive Village, after being sworn in accordance with
law, do hereby depose and say that:

1. I am one of the respondents named herein;


2. The complaint filed by LAURO G. VIZCONDE
(“Lauro”) does not state with particularity the
allegations against the respondents;

3. Nevertheless, I specifically deny the claims in the


affidavit by alleged eyewitness JESSICA ALFARO
(“Alfaro”);

4. I strongly repudiate Paragraphs 1 and 3 of the said


affidavit, since no such event has ever transpired for I
have never met Alfaro under any circumstance, nor do I
know the other named respondents ANTONIO
LEJANO II, MICHAEL GATCHALIAN, PETER
ESTRADA, JOEY FILART, and ARTEMIO
VENTURA.

5. I partly deny Paragraph 2, for while I do not know the


other respondents and the witness, I have been
acquainted with respondents HUBERT JEFFREY P.
WEBB (“Webb”) and MIGUEL RODRIGUEZ
(“Rodriguez”) prior to the alleged date of the crime,
because we regularly played basketball at BF Homes
Phase III. I have gone out with Webb and the rest of our
basketball buddies before, but I have never spent time
with Rodriguez outside of our friendly basketball
matches;

6. I vehemently refute the averments in Paragraphs 4, 5, 6,


7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,
24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39,
40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55,
56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71,
72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, and 83 for being
false, fabricated, and malicious, and the truth of the
matter is narrated in the following paragraphs.

7. On the night of June 29, 1991, I was at home in 15 Gencito


St. Pitong Daan, BF Homes Executive Village with my
family, relatives, and the colleagues of my father, Ret.
Brig. Gen. Amado R. Fernandez, who was then celebrating
his birthday;

8. I spent my whole day helping my sister KARLOTTA


FERNANDEZ (“Karlotta”) arranging and planning
the surprise party for my father. I was in charge of making
sure the catering service arrived on time at 3:00 p.m. that
day;

9. At around 4:30 p.m., I welcomed the guests at our gate to


check if their names were included in the guest list my
sister and I prepared; I also ushered the guests to the
backyard garden of our house where the party was set up;

10. At 5:45 p.m., I was in our kitchen when I heard my father


pull up the driveway, and I hurried to our garden to get the
guests ready;

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;

12. At approximately 8:15 p.m., I gave a toast for my father


before an audience at a mini stage erected on our garden;

13.During the said party, I entertained the guests, made small


talk with my father’s colleagues, and shared several
alcoholic drinks with my father;

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;

15. The party went on up to 12:00 midnight of June 30, 1991;

16. My sister and one of our house helpers helped me up to my


room at around 12:30 a.m., after the guests have left and
when the house helpers have started cleaning up;

17. I soundly slept in my room and woke up at 3:00 p.m. on


June 30, 1991, during which I was nursing a hangover and
was still dressed in the clothes I wore the day before;

18. Due to a massive headache and dehydration, I went to the


kitchen to drink one liter of water. At that time, Karlotta
was in the kitchen instructing one of our house helpers on
what items to buy at the grocery. When she saw me come
in, she asked me “May hangover ka?” to which I replied,
“Oo.” She then went back to conversing with out helper;

19. After drinking water, I immediately went back up to my


room to get more sleep until 6:00 a.m. on June 31, 1991;

20. Throughout the aforesaid events, I was completely


oblivious of what happened to the victims CARMELA
VIZCONDE, ESTRELLITA VIZCONDE, and
JENNIFER VIZCONDE;

21.I have never seen any of the victims until several days later
when I saw their photos on TV;

22. The crimes were heavily documented and publicized by


the media, through which I gained information that the
police have arrested an “Akyat-Bahay” gang—who later on
retracted their confessions and were eventually released—
for the crime now ascribed to herein respondents;

23. Alfaro’s statement is a story of fiction she and her hidden


mentors weaved using the sworn statement of one
ROBERT D. BARROSO (“Barroso”), who was earlier
implicated in the Vizconde killings with the other members
of the said Akyat-Bahay gang;

24. There is an uncanny congruence in the details of the


incident in the sworn statement by Alfaro with that of
Barroso, particularly as to Paragraphs 40, 46, and 68;

25. I was surprised to receive the subpoena from the


Prosecutor’s Office on July 24, 1995;

26. The only reason I am included as a respondent is because


of my association with Webb, son of a member of the
House of Representatives, and our indictment is motivated
by a corrupt persecution of affluent families such as mine
and Webb’s, if not a complete last-ditch attempt to salvage
a four-year investigation in ruins;

27. All premises considered, it is respectfully prayed that the


complaint be dismissed for lack of probable cause.
IN WITNESS WHEREOF I have hereunto set my hand on
this day, 31st of July, 1995 in Parañaque City.

HOSPICIO “PYKE” FERNANDEZ


Affiant

SUBSCRIBED AND SWORN to before me on this day, 31st of


July, 1995 in Parañaque City.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that he has voluntarily executed and
understood the contents of his Counter-Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES)
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, KARLOTTA FERNANDEZ, Filipino, 24 years old, single,


residing in 15 Gencito St. Pitong Daan, BF Homes Executive Village,
after being sworn in accordance with law, do hereby depose and say
that:

1. I am the older sister of HOSPICIO “PYKE”


FERNANDEZ (“Pyke”), one of the respondents named
herein;

2. Pyke spent the whole day of June 29, 1991 helping me


arrange and plan the surprise party for our father, Brig.
Gen. Amado R. Fernandez. While I was busy decorating
and setting up the sound system and mini stage, I assigned
Pyke to make sure the catering service arrived on time at
3:00 p.m. that day;

3. At around 4:30 p.m., the guests have started to arrive. Pyke


was situated at our gate to check if the guest’s names were
included in the guest list we prepared; after checking the
names, Pyke ushered the guests to the backyard garden of
our house where the party was set up;

4. At 5:45 p.m., Pyke said he heard our father pull up the


driveway so he hurried to our garden to get the guests
ready, while I rushed to greet my father in the garage;

5. At 6:00 p.m., I escorted our father to the garden, where our


family and all of the guests jumped out to surprise him;

6. At 8:00 p.m., I went up the mini stage and tapped my glass


of champagne to call everyone’s attention as I proposed a
toast in honor of our father. Pyke proceeded to give his own
toast after me;

7. During the said party, I abstained from drinking any


alcohol because I was making sure that the guests were
comfortable and entertained. I observed that Pyke has had
several alcoholic drinks as he mingled about in the party;

8. By the end of the festivities at 12:00 midnight of June 30,


1991, Pyke could hardly arise from his seat and could not
walk in a straight line;

9. With the aid of one of our house helpers, I brought Pyke up


to his room at around 12:30 a.m.;

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;

11. I observed that Pyke drank about a liter of water before he


went back up to his room, where he slept some more until
the following day, June 31, 1991;

12.Because of that busy time, we were unaware of the tragedy


that befell CARMELA VIZCONDE, ESTRELLITA
VIZCONDE, and JENNIFER VIZCONDE;

13.I have never known Pyke to have had known Carmela, or


any of the other respondents or the witness JESSICA
ALFARO, since we share the same circle of friends, whom
we regularly invited to our home. It was our first time to
see any of the victims several days later when their photos
were flashed on TV;

IN WITNESS WHEREOF I have hereunto set my hand on


this day, 31st of July, 1995 in Parañaque City.

KARLOTTA FERNANDEZ
Affiant
SUBSCRIBED AND SWORN to before me on this day, 31st of
July, 1995 in Parañaque City.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that she has voluntarily executed and
understood the contents of her Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
Republic of the Philippines
DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Paranaque City

LAURO G. VIZCONDE
Complainant,

NPS No. XV-10-INV-95G-00099


For: RAPE WITH HOMICIDE
-versus-

HUBERT JEFFREY P. WEBB,


ANTONIO LEJANO II,
HOSPICIO FERNANDEZ,
MICHAEL A. GATCHALIAN,
MIGUEL RODRIGUEZ,
PETER ESTRADA, JOEY
FILART, ARTEMIO
VENTURA and GERARDO
BIONG,
Respondents.

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:

1. That I am one of the Respondents in NPS Docket No. XV-


10-INV-95G-000099 being charged with the crime of
Rape with Homicide;
2. That this Counter-Affidavit is executed as a response to
the Complaint-Affidavit of LAURO G. VIZCONDE in
connection with the investigation by the National Bureau
of Investigation (NBI) regarding the deaths of Estrellita
Vizconde, Carmela Vizconde and Jennifer Vizconde at
their residence on June 30, 1991;

3. That while the Complaint-Affidavit failed to set forth with


sufficient particularity the allegations against any one of
the respondents, I am executing this Counter-Affidavit to
strongly refute the narration made by JESSICA
ALFARO and NORMAL E. WHITE, JR. in their
Affidavits, specifically the allegations in the following:

3.1 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

3.2 Paragraphs 13, 14, 15, 16 and 17 of Annex F;

4. That I deny the allegations in paragraph 2 of Annex A for


I have not seen anyone of them on June 21, 1991 and on
the alleged time of the killings;

5. That I deny the allegations under paragraph 3 of Annex


A for I have never been in a shabu house in Paranaque
City and have not seen Jessica Alfaro in the said place;

6. That on the night of June 29, 1991 until early morning of


June 30, 1991, I was watching video tapes at the house of
CARLOS “CAS” SYAP located at Ayala Alabang Village.
Attached herein is the affidavit of Carlos Syap (Annex
1);

7. That I left the Syap residence in the early morning of June


30, 1991 where Carlos Syap and ANTONIO “TONY
BOY” LEJANO II brought me home;

8. That on June 30, 1991, upon waking up at around 8:30


A.M., my father, ATTY. FRANCISCO C.
GATCHALIAN, instructed me to find out what
happened to our neighbors, the Vizconde family, since the
crowd outside their house supposedly kept getting bigger.
I then rushed towards the Vizconde residence to know
what happened. Herein attached is the affidavit of Atty.
Francisco Gatchalian (Annex 2);

9. While outside the Vizconde residence, I saw my childhood


friend and neighbor MATTHEW JOHN ALGMOGINO
in the crowd that gathered. Attached herein is the affidavit
of Matthew John Almogino (Annex 3);

10. That around 10 o’clock the same morning, I


reported to my dad that the people outside the Vizconde
residence were saying that the same was robbed and that
people were killed inside the house. I and my dad both
stayed in the house that day;

11. That on July 4, 1991, I was picked up by the police and


was detained for allegedly being a suspect in the killing of
the Vizcondes;

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;

13.That I was eventually released from detention;

14.That on July 19, 1991 and accompanied by my counsel,


ATTY. CAMILO MURILLO, I went to the office of the
National Bureau of Investigation (NBI) upon the office’s
invitation to give my statement. Attached herein is the
affidavit of Atty. Camilo Murillo (Annex 4);

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;

16.That in addition, with the exception of MIGUEL


"GING" RODRIGUEZ and ANTONIO “TONY BOY”
LEJANO II, who are my former schoolmates at the De
La Salle College of Saint Benilde, I do not know any of the
other respondents named in the instant criminal
complaint;
17. That I am executing this affidavit to attest to the truth of
the foregoing statement and to belie the allegations in the
complaint; and

18. That it is humbly prayed that the complaint be


dismissed for utter lack of probable cause.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 31st day of July, 1995 at Paranaque, Philippines.

MICHAEL GATCHALIAN
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Paranaque City.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that he has voluntarily executed and
understood the contents of his Counter-Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES)
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, CARLOS “CAS” SYAP, single, of legal age, Filipino, a


resident of 99 Ayala Alabang Village, Muntinlupa City, after having
been sworn in accordance with the law, do hereby depose and state:

1. That I personally know the respondent herein, MICHAEL


GATCHALIAN (“Mike”), since he is my former classmate at
the De La Salle College of Saint Benilde;

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;

4. That I personally brought Tony Boy and Mike to their respective


homes;

5. That on July 5, 1991, I, together with Tony Boy, went to the


police station where Mike, earlier picked up as a suspect by the
police in connection with the killings that transpired in the
Vizconde household, was detained;

6. That we met policeman Gerardo Biong at the police station and


told him that we were willing to vouch for Mike’s innocence and
even volunteered to give statements;

7. That I am executing this affidavit to attest the truth of the


forgoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 31st day of July, 1995 at Paranaque, Philippines.
CARLOS SYAP
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Paranaque City, Philippines.
I hereby CERTIFY that I have personally examined the affiant
and that I am satisfied that he has voluntarily executed and
understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES)
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, ATTY. FRANCISCO C. GATCHALIAN, married, of legal age,


Filipino, and a resident of 47 Milan Street, BF Homes Executive
Village, Paranaque City, after having been duly sworn in accordance
with law, do hereby depose and state:

1. That I personally know the respondent herein, MICHAEL


GATCHALIAN (“Mike”), since he is my son;

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;

4. That I later noticed that the crowd was getting bigger so I


instructed my son Mike, who was already home and had just
awakened, to check and find out what happened to our
neighbors. Mike then rushed towards the Vizconde residence;

5. That when Mike came back at about 10:00am that same


morning, he told me that the house was allegedly robbed and
people were supposedly killed inside the house;

6. That both of us stayed inside our house that day;

7. That I am executing this affidavit to attest the truth of the


foregoing facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 31st day of July, 1995 at Paranaque, Philippines.
FRANCISCO C. GATCHALIAN
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Paranaque City, Philippines.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that he has voluntarily executed and
understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES)
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, MATTHEW JOHN ALMOGINO, single, of legal age, and a


Filipino citizen, after having been sworn in accordance with the law,
do hereby depose and state that:

1. I personally know respondent herein, MICHAEL A.


GATCHALIAN (“Mike”), as he was my neighbor and a
childhood friend;

2. I saw Mike outside the Vizconde residence in the morning of 30


June 1991 while I was walking my dog along Vinzons St., Pitong
Daan Subdivision, BF Homes, Parañaque City. There were
several people gathered outside the Vizconde residence then;

3. When Mike saw me, he approached and we had a short


conversation;

4. After a few minutes, I walked my dog back in the same route


where I once again met Mike. He asked me to take a picture of
him and his friends whom I met for the first time;

5. He thanked me for taking their group picture and they all went
back to join the crowd that gathered outside the Vizcondes’
house;

6. I have not seen any more of Mike on that same day;

7. I am executing this affidavit to attest the truth of the forgoing


facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 31st day of July, 1995 at Paranaque, Philippines.
MATTHEW JOHN ALMOGINO
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Paranaque City, Philippines.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that he has voluntarily executed and
understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES)
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, ATTY. CAMILO MURILLO, single, of legal age, and a


Filipino, after having been duly sworn in accordance with the law, do
hereby depose and state that:

1. On July 19, 1991, I accompanied herein respondent MICHAEL


A. GATCHALIAN to the National Bureau of Investigation
(NBI) when he was invited to give a statement regarding his
whereabouts during the time of the Vizconde killings;

2. Gatchalian gave his statement and the records were kept in the
NBI;

3. We were later approached by Atty. Pete Rivera who, upon the


instruction of the then NBI Director, requested Gatchalian to be
the State’s witness in the Vizconde Massacre;

4. However, this request was declined by Gatchalian and his


father. Gatchalian insisted that he could not be a witness for the
State as he was never privy to the Vizconde killings;

5. I am executing this affidavit to attest the truth of the forgoing


facts and for whatever purposes this may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature


this 31st day of July, 1995 at Paranaque, Philippines.

ATTY. CAMILO MURILLO


Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Paranaque City, Philippines.
I hereby CERTIFY that I have personally examined the affiant
and that I am satisfied that he has voluntarily executed and
understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
Republic of the Philippines
DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Paranaque City

LAURO G. VIZCONDE
Complainant,

NPS No. XV-10-INV-95G-00099


For: RAPE WITH HOMICIDE
-versus-

HUBERT JEFFREY P. WEBB,


ANTONIO LEJANO II,
HOSPICIO FERNANDEZ,
MICHAEL A. GATCHALIAN,
MIGUEL RODRIGUEZ,
PETER ESTRADA, JOEY
FILART, ARTEMIO
VENTURA and GERARDO
BIONG,
Respondents.

x-------------------------------------x

COUNTER-AFFIDAVIT

I, MIGUEL RODRIGUEZ, Filipino, of legal age, and a


resident of Barangay Pilar Village, Las Piñas, Metro Manila, after
having been sworn in accordance with law, hereby depose and say:

1. That I am one of the respondents named in Criminal Case NPS


Docket No. XV-10-INV-95G-00099 for the crime of rape with
homicide;
2. That I specifically deny the allegations found in the affidavits of
witnesses attached to the complaint-affidavit of LAURO G.
VIZCONDE which named me as one of the persons
supposedly responsible for the crime;

3. That I deny the allegations in the Affidavits of witnesses


JESSICA ALFARO and NORMAL E. WHITE JR.
implicating me as having participated in the commission of
rape with homicide of Carmela Vizconde, Estrellita Vizconde,
and Jennifer Vizconde on June 29, 1991;

4. That I deny the narrations made in the supporting affidavits


executed by Jessica Alfaro and Normal E. White Jr for
the said event did not take place;

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;

6. That I refute all the narrations in the supporting Affidavits of


witnesses Jessica Alfaro and Normal E. White Jr.,
specifically the allegations in the following:

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

8.2 Paragraphs 13, 14, 15, 16 and 17 of Annex F.


7. That I deny the allegations in paragraph 2 of Annex A for I
have not seen anyone of them on June 29, 1991 and on the
alleged time of the killings;

8. That I deny the allegations under paragraph 3 of Annex A for


I have never been in a shabu house in Parañaque City and have
not seen Jessica Alfaro in the said place;

9. That I hereby state my whereabouts and the events that


actually transpired on the said day in the subsequent
paragraphs;
10. That on June 25, 1991, I was invited by my first cousin, MARK
JOSEF ANDRES RUALO, to his birthday party to be held on
June 29, 1991;

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;

15. That after my conversation with Rualo and my brother through


the phone, I changed my clothes and immediately proceeded to
sleep;

16. That witness Jessica Alfaro thereafter named me as one of


the culprits in the Vizconde killings;

17. That Jessica Alfaro has mistaken the identity of one


MICHAEL RODRIGUEZ and pointed to him as Miguel
Rodriguez during the NBI investigations;

18. That at the time of the NBI investigations, COL. CHARLES


CALIMA, JR. found a certain Michael Rodriguez, a drug
dependent from the Bicutan Rehabilitation Center on the basis
of the description given by NBI agents;

19. That when Alfaro confronted this "Michael Rodriguez” at the


NBI office, she became very emotional and immediately
slapped and kicked him telling him, "How can I forget your
face. We just saw each other in a disco one month ago and you
told me then that you will kill me;”

20. That contrary to the physical description given by the NBI, I


have no tattoo on my arm and definitely not the same "Michael
Rodriguez" whom Alfaro slapped and kicked at the NBI
premises;

21. That it is an established rule established by no less than the


Supreme Court that it is not sufficient for the prosecution to
present a positive identification by a witness due to the frailty
of human memory. It must also show that the identified person
MATCHES the original description made by the witness when
initially reporting the crime;

22. That based on the aforementioned jurisprudential


pronouncement, Alfaro could not have positively identified me
as one of the perpetrators of the Vizconde killings. She was not
even certain as to my identity as she lashed out at a man whom
she clearly thought was “Miguel Rodriguez.” It must be
remembered that prosecution that relies SOLELY on
eyewitness identification must be approached meticulously,
cognizant of the inherent frailty of human memory;

23. That to support my testimony, the sworn statements of the


following people are herein attached as testimonies:

a. Mark Josef Andre Rualo - First Cousin (Annex 1)


b. Col. Charles Calima, Jr. - police officer (Annex 2)
c. Michael Rodriguez - drug dependent mistaken as
Miguel Rodriguez; (Annex 3)
24. That I am executing this affidavit to attest to the truth of the
foregoing statements; and

25. That given the foregoing premises, it is respectfully prayed that


the complaint be dismissed for lack of probable cause.

IN WITNESS WHEREOF, I have hereunto set my hand this


31st day of July 1995 at Parañaque City.

MIGUEL RODRIGUEZ
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July 1995 at Parañaque City.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that he has voluntarily executed and
understood the contents of his Counter-Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES)
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, MARK JOSEF ANDRES RUALO, Filipino, of legal age,


and a resident of Barangay Zapote, Las Piñas, Metro Manila, after
having been sworn in accordance with law, hereby depose and say:

1. That I am the first cousin of MIGUEL RODRIGUEZ,


respondent herein;

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;

3. That on June 29, 1991, my party started at around 8:00 PM


and the guests started coming in;

4. That my birthday party was a big one and attended by some


eighty (80) guests;

5. That Art Rodriguez, Miguel’s brother, arrived alone at my party


around 9:30 to 10:00 p.m.;

6. That at around 1:00 in the morning of June 30, 1991, I called


up Miguel and asked him why he has not yet proceeded to my
birthday party;

7. That Miguel told me he could not make it because he was not


fetched by his brother Art who had the car with him;

8. That I then handed the telephone to Art for them to talk;

9. That after Art and Miguel finished their conversation, Art


returned my phone to me and I continued with the party;
10. That from Miguel’s residence in Pilar Vilage, Las Piñas, Metro
Manila, it will take about fifteen (15) to twenty (20) minutes by
car to reach my house;

11. That my party ended by 3:30 to 4:00 a.m.; and

12. That I am executing this affidavit to attest to the truth of the


foregoing statements.

IN WITNESS WHEREOF, I have hereunto set my hand this


31st day of July 1995 at Parañaque City.

MARK JOSEF ANDRES RUALO


Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that he has voluntarily executed and
understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES)
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, COL. CHARLES CALIMA, JR., Filipino, of legal age, and a


resident of Barangay Merville, Parañaque, Metro Manila, after having
been sworn in accordance with law, hereby depose and say:

1. That I am a senior military officer assigned in the investigation


of the alleged killings of the Vizcondes;

2. That on the basis of the description given by agents of the


National Bureau of Investigation (NBI), I pulled out
MICHAEL RODRIGUEZ, a drug dependent from the
Bicutan Rehabilitation Center whom I initially suspected to be
the Miguel Rodriguez who was named by JESSICA ALFARO
in her statement as an eyewitness to the killings;

3. That I brought Michael Rodriguez to the NBI office and turned


him over to the NBI agents;

4. That the NBI agents took custody of Michael Rodriguez;

5. That I later saw the NBI agents bring Michael Rodriguez to a


room and was made to appear before Jessica Alfaro for
identification purposes;

6. That when Alfaro confronted this Michael Rodriguez at the


NBI office, she became very emotional and immediately
slapped and kicked him telling him, "How can I forget your
face. We just saw each other in a disco one month ago and
you told me then that you will kill me”;

7. That after the incident with Jessica Alfaro, the NBI agents told
me that they will take charge of Michael Rodriguez; and

8. That I am executing this affidavit to attest to the truth of the


foregoing statements.
IN WITNESS WHEREOF, I have hereunto set my hand this
31st day of July 1995 at Parañaque City.

COL. CHARLES CALIMA, JR.


Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that he has voluntarily executed and
understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
REPUBLIC OF THE PHILIPPINES)
CITY OF PARAÑAQUE ) S.S
X---------------------------------------------/

AFFIDAVIT OF WITNESS

I, MICHAEL RODRIGUEZ, Filipino, of legal age, and a


resident of Barangay Sun Valley, Parañaque, Metro Manila, after
having been sworn in accordance with law, hereby depose and say:

1. That I am a drug dependent and I was brought to the Bicutan


Rehabilitation Center on June 16, 1988;

2. That I have a tattoo placed on my left arm;

3. That a certain COL. CHARLES CALIMA, JR. pulled me out


of the Bicutan Rehabilitation Center because I was suspected to
be the respondent Miguel Rodriguez whom JESSICA
ALFARO pointed as having participated in the killings of the
Vizcondes. I was told by Col. Calima that I was singled out on
the basis of the description given by agents of the National
Bureau of Investigation (NBI);

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;

6. That after being tortured by the NBI agents in the comfort


room, the blindfold was removed and I was then brought to
another room;

7. That in said room, I was made to appear before Jessica Alfaro


for identification purposes;

8. That when Alfaro confronted me at the NBI office, she became


very emotional and immediately slapped and kicked me telling,
"How can I forget your face. We just saw each other in a disco
one month ago and you told me then that you will kill me”;
9. That on the fear that the NBI agents will hurt me, I was forced
to admit that I am 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

12. That I am executing this affidavit to attest to the truth of the


foregoing statements.

IN WITNESS WHEREOF, I have hereunto set my hand this


31st day of July 1995 at Parañaque City.

MICHAEL RODRIGUEZ
Affiant

SUBSCRIBED AND SWORN to before me this 31st day of


July 1995 at Parañaque City.

I hereby CERTIFY that I have personally examined the affiant


and that I am satisfied that he has voluntarily executed and
understood the contents of his Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
Republic of the Philippines
DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Paranaque City

LAURO G. VIZCONDE
Complainant,

NPS No. XV-10-INV-95G-00099


For: RAPE WITH HOMICIDE
-versus-

HUBERT JEFFREY P. WEBB,


ANTONIO LEJANO II,
HOSPICIO FERNANDEZ,
MICHAEL A. GATCHALIAN,
MIGUEL RODRIGUEZ,
PETER ESTRADA, JOEY
FILART, ARTEMIO
VENTURA and GERARDO
BIONG,
Respondents.

x-------------------------------------x

COUNTER-AFFIDAVIT

I, PETER ESTRADA, 26 years old, single and a resident of


34 Ayala Greenfield Lot, Alabang, Muntinlupa City, after having been
duly sworn in accordance with law, hereby depose and say:

1. That I am one of the respondents in Criminal Case NPS


DOCKET NO. XV-10-INV-95G-00099 for the crime of
Rape with Homicide;

2. That this Counter-Affidavit is executed as a response to the


Complaint-Affidavit of LAURO G. VIZCONDE in connection
with the investigation by the National Bureau of Investigation
(NBI) regarding the deaths of Estrellita Vizconde, Carmela
Vizconde and Jennifer Vizconde at their residence on June 30,
1991;

3. That while the Complaint-Affidavit failed to set forth with


sufficient particularity the allegations against any one of the
respondents, I am executing this Counter-Affidavit to
specifically deny the narration made by JESSICA ALFARO
in her Affidavit;

4. That I do not have the knowledge or information to form a


belief as to the truth of the averments made in practically all the
paragraphs in the affidavit of ALFARO;

5. That I deny specifically each and every material allegations


made in practically all paragraphs in the affidavit of ALFARO.
Instead, I allege that:

5.1 On June 29, 1991, around 8:00 o’clock in the evening, I met
up with ALFARO at Ayala Alabang Commercial Center;

5.2 My only purpose in meeting up with her is to talk to her and


put an end to the romantic relationship between us, as after
years of convincing her to stop taking illegal drugs, she never
listened;

5.3 After an hour or so, as we have finished discussing, I went


straight home and did not even mind giving her a lift to her
place;

5.4 I stayed all night at my place and slept;

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;

5.7 I do not have any knowledge and information about the


VIZCONDES’ residence and never have gone in there;
5.8 I was shocked when I received a subpoena and copy of the
Complaint-Affidavit, and wondered how in the world I ended up
as one of the accused in the crime of raping and killing the
VIZCONDES.

6. That premises considered, it is respectfully prayed that the


instant criminal complaint be DISMISSED for lack of merit.
Further, the respondent respectfully prays for such and other
relief as may be deemed just and equitable in the premises.

IN WITNESS WHEREOF, I have hereunto set my hand this


31st day of July, 1995 at Parañaque City, Metro Manila, Philippines.

PETER ESTRADA
Affiant

SUBSCRIBED AND SWORN to before me this 31st of July,


1995 at Parañaque City, Metro Manila, Philippines, and I FURTHER
CERTIFY that I have personally examined the affiant and I am
satisfied that he has read and personally understood the contents of
the foregoing Counter-Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor
Republic of the Philippines
DEPARTMENT OF JUSTICE
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Paranaque City

LAURO G. VIZCONDE
Complainant,

NPS No. XV-10-INV-95G-00099


For: RAPE WITH HOMICIDE
-versus-

HUBERT JEFFREY P. WEBB,


ANTONIO LEJANO II,
HOSPICIO FERNANDEZ,
MICHAEL A. GATCHALIAN,
MIGUEL RODRIGUEZ,
PETER ESTRADA, JOEY
FILART, ARTEMIO
VENTURA and GERARDO
BIONG,
Respondents.

x-------------------------------------x

COUNTER-AFFIDAVIT

I, GERARDO BIONG, of legal age, single and resident of 711


Merville, Paranaque City, after having been duly sworn in accordance
with law, hereby depose and say that:

1) I am a police officer stationed at the Paranaque police


station;
2) Upon orders from Paranaque Police Chief Nathaniel
Bartolome, a special task force conducted an investigation
at the Vizconde residence. I was a member of that task
force;

3) LOLITA DE BIRRER was my former girlfriend;

4) Birrer, Captain Bartolome, another policeman Galvan and I


went to the Vizconde residence in the morning of June 30,
1991. Upon arriving at the Vizconde house, I looked for the
victims’ relatives and the homeowners’ association
president. Only a certain Atty. Lopez and Mrs. Mia came;

5) The kitchen door was already open when we passed


through. On top of the kitchen table, there was a lady’s bag
with things scattered. I inspected them but did not think of
examining the bag or taking note of the calling cards and
other items for possible relevance to the investigation;

6) Upon entering the master’s bedroom, we saw the bloodied


bodies of Mrs. Vizconde, Jennifer and Carmela. Mrs.
Vizconde’s hands were hogtied from behind and her mouth
gagged while Jennifer’s body was also bloodied. Carmela
who was lying on a floor carpet was likewise gagged, her
hands hogtied from behind and her legs spread out, her
clothes raised up and a pillow case was placed on top of her
private part. I had the bodies photographed and prepared a
spot report;

7) Before the pictures were taken, I removed with my bare


hands the object, which was like a stocking cloth, that was
wrapped around Carmela’s mouth and neck;

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;

9) I saw a red jewelry box containing a pearl necklace inside. I


had it photographed but I had not seen those pictures;
10) Thereafter, we left the Vizconde house and brought the
cadavers to the funeral parlor;

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;

13) I admit mauling NORMAL E. WHITE, JR., the


subdivision’s security guard on duty on the night of June
29, 1991 because I believe he was withholding information
during the investigation. Further, White, Jr.’s co-security
guard Edgar Mendez did not tell me about the entry of a
three (3)-vehicle convoy into the subdivision on that same
night;

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;

19) After the Vizconde murder incident, I did not go to the


Webbs’ residence nor did I receive from them any envelope
containing money;

20) As to JESSICA ALFARO, I have never seen her before the


filing of the complaint. I met her for the first time at the
NBI on June 23, 1995;

21) I only met HUBERT WEBB and PETER ESTRADA at


the NBI;

22) I hereby depose and state that all the statements above were
true and freely given; and

23) I have executed this counter-affidavit to attest to the


truthfulness of all the foregoing and to prove my innocence
of the charge/s being filed against me in connection with
the Vizconde massacre case.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 31st day of July, 1995 in Paranaque City, Philippines.

GERARDO BIONG
Affiant
SUBSCRIBED AND SWORN to before me this 31st day of
July, 1995 at Paranaque City.

I hereby certify that I have personally examined the Affiant and


that, he has read and understood the contents of his Counter-
Affidavit.

JIMMIE JAN ALFORQUE


City Prosecutor