Webb vs. De Leon

Facts:

Hubert J. P. Webb v. Honorable Raul E. De Leon, et al., G.R. Nos. 121234, 121245, 121297, August 23, 1995, Supreme Court Second Division, Puno, J., writing for the Court. Petitioners were Hubert Webb, Michael Gatchalian and Antonio Lejano (with other co-accused named in the Information); respondents included the judges of the Regional Trial Court of Paranaque (Respondent Judges Raul E. De Leon, Zosimo V. Escano, and Amelita G. Tolentino), the People of the Philippines, members of the Department of Justice (the Zuno prosecutorial panel), and the National Bureau of Investigation (NBI); Lauro Vizconde intervened.

On June 19, 1994 the NBI filed a complaint with the Department of Justice charging petitioners and others with rape with homicide for the killings of Carmela Vizconde (June 30, 1991), her mother Estrellita, and her sister Jennifer. The DOJ formed a panel led by Assistant Chief State Prosecutor Jovencio Zuno to conduct a preliminary investigation under Rule 112. The NBI presented multiple items: the May 22, 1995 sworn statement of Jessica Alfaro (who claimed to have witnessed the crime), sworn statements of former Webb household staff (Nerissa Rosales, Mila Gaviola), statements of Carlos Cristobal and Lolita Birrer, medico-legal reports showing multiple stab wounds and presence of spermatozoa in Carmela, and other investigative materials.

Petitioners mounted an alibi defense, with Webb claiming he was in the United States March 1991–October 1992 and producing documents (California driver’s license, purchase receipts) and alibi witnesses; Gatchalian and Lejano likewise filed counter-affidavits claiming alibis. Webb moved for production of various documents (including an FBI report and the April 28, 1995 original of Alfaro’s earlier sworn statement); the DOJ panel ordered production of photocopies but NBI claimed the original April 28 statement was lost. Webb instituted a civil proceeding in RTC Makati (Br. 63) to compel production of the original; Atty. Arturo Mercader produced a copy of the original which Webb then submitted to the DOJ panel.

On August 8, 1995 the DOJ Zuno panel issued a 26‑page Resolution finding probable cause and filed an Information for rape with homicide with the RTC of Paranaque (Criminal Case No. 95‑404). The case was initially raffled to Branch 258 (Judge Escano); Judge Escano inhibited himself and the matter was re‑raffled to Branch 274 (Judge Tolentino). Warrants of arrest were issued — first by Judge De Leon (pairing judge) and later new warrants by Judge Tolentino. Petitioners surrendered or were taken into custody and promptly filed before the Supreme Court petitions for the extraordinary writs of certiorari, prohibition and mandamus with applications for temporary restraining order and preliminary injunction seeking annulment of the warrants, enjoinment of trial proceedings, dismissal of the Information or inclusion of Alfaro as an accused. The petitions assert, inter alia, (a) lack of probable cause and grave abuse by the DOJ panel, (b) denial of due proce...(Pro-only)

Issues:

• Did the DOJ panel gravely abuse its discretion in finding probable cause to file an Information for rape with homicide against petitioners?
• Did the respondent trial judges gravely abuse their discretion by issuing warrants of arrest without personally conducting a preliminary examination of the complainant and witnesses?
• Were petitioners denied due process by (a) suppression/non‑production of exculpatory materials (the April 28, 1995 Alfaro statement and the FBI report) during preliminary investigation, and (b) prejudicial publicity that compromised the impartiality of the investigation?
• Was the DOJ panel required to include Jessica Alfaro in the Information despite ...(Pro-only)

Ruling:

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Ratio:

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Doctrine:

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