Case Summary (G.R. No. 121234)
Procedural History
- June 19, 1994: NBI letter-complaint filed with DOJ charging eight individuals, including petitioners, with rape-homicide.
- DOJ forms panel under Asst. Chief State Prosecutor Zuno to conduct preliminary investigation.
- August 8, 1995: Panel issues resolution finding probable cause; files information as Crim. Case No. 95-404 in RTC-Parañaque.
- Branch 258 (Escano) raffled; warrants issued by pairing judge de Leon; Escano inhibits; re-raffle to Branch 274 (Tolentino).
- Petitioners surrender and file petitions for certiorari, prohibition, mandamus with preliminary injunction before the Supreme Court.
Evidence Presented by Prosecution
• Principal witness Maria Jessica M. Alfaro: Two sworn statements (Apr. 28 & May 22, 1995) detailing planning, entry, sexual assault, murders.
• Former Webb household maids (Nerissa Rosales, Mila Gaviola): Placed Webb at home on June 29–30, 1991; noted bloodstains on his clothing.
• Carlos J. Cristobal: Passenger on United Flight 808; doubts Webb’s co-passenger status.
• Lolita Birrer: Ex-partner of Gerardo Biong; narrated his conduct covering up crime scene.
• Autopsy reports: Multiple stab wounds on victims; presence of spermatozoa in Carmela.
Evidence Presented by Petitioners
• Alibi (Webb): In United States Mar. 9, 1991–Oct. 27, 1992; supported by witnesses, purchase receipts (bicycle, Toyota), California driver’s license, US Embassy correspondence.
• Alibi (Gatchalian & Lejano): In Muntinlupa watching video from 11 p.m. June 29 to 3 a.m. June 30, 1991; uncorroborated by independent evidence.
DOJ Panel Resolution
• Granted production of evidence motion; NBI produced photocopies of original Alfaro affidavit (claimed lost); petitioners later obtained original via subpoena.
• Held Alfaro’s minor inconsistencies do not destroy credibility (falsus in uno doctrine).
• Weighed inculpatory evidence against alibi/denial; concluded alibi weak vs. positive identification.
• Found “sufficient ground to engender a well-grounded belief” (Rule 112 §1) and recommended filing of information.
Issuance of Arrest Warrants
• RTC Judges de Leon and Tolentino reviewed DOJ Panel report, sworn statements and counter-affidavits.
• Personally determined probable cause (Const. Art. III, §2) and issued warrants of arrest without new hearings.
• Conformed with Rule 112 §6: no requirement for separate order of arrest or personal hearing of witnesses by judge.
Issues Raised by Petitioners
- DOJ Panel’s alleged grave abuse of discretion in finding probable cause based on weak, inconsistent testimony.
- RTC judges’ failure to conduct preliminary examination before issuing warrants.
- Denial of due process and impartiality (hasty investigation, media publicity).
- Exclusion of Alfaro from information despite alleged conspiracy.
- Suppression of exculpatory evidence (original Alfaro affidavit, FBI report).
Supreme Court Analysis – Probable Cause
• Probable cause defined as facts/circumstances leading a prudent person to believe crime committed by accused.
• Rule 112 prescribes summary preliminary investigation to determine probable cause; not guilt beyond reasonable doubt.
• Court defers to prosecutorial discretion absent grave abuse.
• Found no abuse: Alfaro credible; supporting statements corroborative; alibi and denials insufficient.
Supreme Court Analysis – Warrants of Arrest
• Constitution requires judge’s personal determination of probable cause on prosecutor’s record; no personal witness examination mandated.
• Distinguished search warrant procedure (Rule 126) from arrest warrants (Rule 112).
• Short interval between record submission and warrant issuance not indicative of lack of review.
• Allado v. Diokno distinguished on factual insufficiency—unlike present case.
Supreme Court Analysis – Due Process and Impartiality
• Petitioners had ample opportunity to present evidence and motions over a 27-day span before resolution.
• DOJ Order No. 223 permits filing information during pendency of appeal to Secretary of Justice.
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Case Syllabus (G.R. No. 121234)
Facts and Background
- On June 19, 1994, the National Bureau of Investigation (NBI) filed a letter-complaint with the Department of Justice charging Hubert Webb, Michael Gatchalian, Antonio Lejano and six others with rape with homicide.
- The crime alleged was the June 30, 1991 rape-killing of Carmela Vizconde (aged 19), her mother Estrellita Nicolas-Vizconde (aged 51) and her sister Jennifer (aged 7) at their BF Homes residence in Parañaque.
- The DOJ convened a panel of prosecutors led by Asst. Chief State Prosecutor Jovencio R. Zuno to conduct the preliminary investigation.
- Petitioner Webb and his co-respondents were accused of conspiring to commit rape with homicide; a panel resolution recommended probable cause against them.
- Three consolidated petitions (G.R. Nos. 121234, 121245, 121297) sought extraordinary writs of certiorari, prohibition and mandamus to annul arrest warrants, enjoin further proceedings, dismiss the case or include Jessica Alfaro as co-accused.
Petitioners’ Allegations and Reliefs Sought
- Petitioners contended the DOJ panel and trial judges gravely abused their discretion in finding probable cause without a full preliminary examination.
- They alleged denial of due process and bias in the NBI’s investigation and DOJ panel’s proceedings.
- They argued that warrants of arrest were issued hastily, without personal examination of witnesses by the judges, and based on incomplete records.
- Webb prayed to quash warrants issued by Judges de Leon and Tolentino, to halt proceedings in Criminal Case No. 95-404, and to have Jessica Alfaro charged as an accused.
- Gatchalian and Lejano filed parallel petitions making identical claims against the same respondents.
Preliminary Investigation: NBI and DOJ Panel Proceedings
- The NBI submitted affidavits, witness statements, autopsy reports and the genital examination confirming spermatozoa in Carmela.
- Principal witness: Maria Jessica M. Alfaro, whose May 22, 1995 sworn statement detailed witnessing the crime.
- Additional prosecution witnesses included two former Webb housemaids, a United Airlines passenger, a former partner of cop Gerardo Biong, Vizconde maids and security personnel.
- DOJ panel afforded petitioners their right to submit counter-affidavits, present evidence and request clarificatory hearings.
Evidence Presented for Prosecution
- Alfaro’s second affidavit described the execution of the rape and homicide in vivid detail, including identifying Webb and co-respondents.
- Former Webb housemaids Rosales and Gaviola testified seeing Webb in his room amid suspicious circumstances and bloodstains on his shirt.
- Carlos Cristobal doubted Webb’s alibi, recalling a “son of Webb” on the March 9, 1991 UA 808 flight but noting physical differences.
- Lolita Birrer recounted Biong’s post-crime actions—cover-up efforts, removal of jewelry from the scene, and pawn transactions.
- Autopsy reports documented multiple stab wounds on each victim; forensic evidence showed forcible sexual assault.
Evidence Presented for Defense (Alibi and Denial)
- Webb claimed alibi: absent from Philippines from March 9, 1991 to October 27, 1992, supported by multiple friends’ attestations.
- Documentary proofs: U.S. California driver’s license (issued June 14, 1991), purchase receipts for bicycle and Toyot