Trial

247 SCRA 652

Webb v De Leon
Puno, J.
FACTS
Crime Rape and Homicide

Nature Petition for writ of certiorari, prohibition and mandamus with application for temporary restraining order and
preliminary injunction

Parties Hubert Webb – accused; son of Freddie Webb (actor; basketball player)
Hon. Raul E. de Leon – Presiding Judge, RTC Parañaque br. 258
Hon Zosimo V. Escano

Events  June 30, 1991 – [Vizconde Massacre] rape and killing of Carmela N. Vizconde, her mother Estrellita
before Nicolas- Vizconde, and her sister Anne Marie Jennifer in their home at BF Homes, Parañ aque, Metro
Trial Manila.
 June 19, 1994 – NBI filed with DoJ a letter-complaint charging petitioners Hubert Webb, Michael
Gatchalian, Antonio J. Lejano and six (6) other persons
 DoJ formed a panel of prosecutors headed by Assistant Chief State Prosecutor Jovencio R. Zuñ o to
conduct the preliminary investigation of those charged with the rape and killing. In Preliminary
Investigation, NBI presented various sworn statements and autopsy reports against Webb & co.
 Before submitting his counter-affidavit, Webb filed with the DOJ Panel a Motion for Production and
Examination of Evidence and Documents for the NBI to produce certifications, sworn statements, lab
reports, photographs, records of arrest and others.
 The motion was granted; NBI was ordered to submit photocopies of the documents.
- It alleged it lost the original of the April 28, 1995 sworn statement of Alfaro. This compelled Webb
to file a civil case in RTC Makati to obtain the original of said sworn statement. A copy of the original
was produced in compliance with a subpoena duces tecum. The original was then submitted by
Webb to the DOJ
- It appears, however, that Webb failed to obtain from the NBI the copy of the FBI Report despite his
request for its production.
 Webb claimed that he did not commit the crime as he went to US on March 1, 1991 and returned to the
Philippines on October 27, 1992.
- Alibi was corroborated by Honesto Aragon, Lecinia Edrosolano, Sylvia Climaco, Gina Roque, Sonia
Rodriguez, Edgardo Ventura and Pamela Francisco.
- Also submitted documentary evidence that he bought a bicycle and a car while in US, and that he
was issued a driver’s license.
- Also submitted a letter dated July 25, 1995 of the Legal Attache of the US Embassy, citing certain
records tending to confirm his arrival at San Francisco on March 1991.
 The other respondents submitted sworn statements, responses, and a motion to dismiss denying their
complicity in the rape-killing of the Vizcondes

 August 8, 1995 – DoJ Panel found probable cause to hold respondents for trial. An information was filed
and case was raffled to Br. 258 presided by Judge Zosimo V. Escano (He later inhibits, citing that he was
part of NBI before being appointed as judge). It was, however, the judge Raul de Leon, pairing judge of
Judge Escano, who issued the warrants of arrest.
 August 11, 1995 –Webb voluntarily surrendered to the police authorities at Camp Ricardo Papa Sr., in
Bicutan, Taguig.

RTC/MTC N/A
 CA N/A

SC Petitioners filed petitions for the issuance of the extraordinary writs of certiorari, prohibition and mandamus
with application for temporary restraining order and preliminary injunction.
- To annul the warrant of arrest
- Enjoin respondents from conducting further proceedings
- Dismiss criminal case or include Jessica Alforo as one of the accused
Petitioners contend:
(1) respondent Judges committed GAD when it failed to conduct a preliminary examination before issuing
warrants of arrest against them;
(2) DOJ Panel also commited GAD in holding that there is probable cause to charge them with the crime of
rape with homicide;
(3) they were denied due process during their preliminary investigation; and
(4) the DOJ Panel unlawfully intruded into judicial prerogative when it failed to charge Jessica Alfaro in the
Information as an accused.

ISSUES with HOLDING:

1. W/N respondent Judges committed GAD when it failed to conduct a preliminary examination before
issuing warrants of arrest against them – NO.
Petitioners:
- Jessica Alfaro’s sworn statement is inherently weak & uncorroborated because of
o material inconsistencies between her April 28, 1995 and May 22, 1995 sworn statements.
 w/n she has met Carmela before
 w/n she saw the dead bodies
 w/n she saw the act of rape
 w/n she entered the Visconde house
o her misdescription of petitioner Webb’s hair as semi-blonde.
- They also criticize the procedure followed by the DOJ Panel when it did not examine witnesses to clarify the
alleged incredulities & inconsistencies in the sworn statements of witnesses for the NBI.
Supreme Court:
- Purpose of preliminary investigation: “determine whether there is a sufficient ground to engender a well-
grounded belief that a crime has been committed and that the respondent is probably guilty thereof, and
should be held for trial”
- Despite the alleged inconsistencies, DOJ Panel ruled that these did not erode the credibility of Alfaro. In
addition, the DOJ Panel evaluated OTHER supporting sworn statements of Nerissa Rosales and Mila Gaviola,
former housemaids of the Webbs, Carlos J. Cristobal, a passenger in United Airlines Flight No. 808 and Lolita
Birrer, a paramour of Gerardo Biong.
- A finding of probable cause merely binds over the suspect to stand trial. It is not a pronouncement of guilt.
- The decision to call witnesses for clarificatory questions is addressed to the sound discretion of the
investigator and the investigator alone. If the evidence on hand already yields a probable cause, the
investigator need not hold a clarificatory hearing.

2. W/N respondent Judges committed GAD when it failed to conduct a preliminary examination before issuing
warrants of arrest against them – NO.
Petitioners
- it was impossible to conduct a “searching examination of witnesses and evaluation of the documents” on
the part of said judges.
 o warrants were issued in only a matter of few hours
o judges failed to issue orders of arrest
o records were incomplete and insufficient from which to base a finding of probable cause
o even Gerardo Biong as a mere accessory had a “NO BAIL” recommendation by the DOJ Panel
Supreme Court
- With respect to warrants of arrest, section 6 of Rule 112 simply provides that “upon filing of an information,
the Regional Trial Court may issue a warrant for the arrest of the accused.” In contrast, the procedure to be
followed in issuing search warrants is more defined, as indicated in sec 3 (Requisites for issuing search
warrant), 4 (examination of complainant) 5 (issuance of search warrant) of Rule 126.
- There is also no law or rule requiring the issuance of an Order of Arrest prior to a warrant of arrest.
- The sufficiency of the review process cannot be measured by merely counting minutes and hours
o before issuing warrants of arrest, judges merely determine personally the probability, not the certainty
of guilt of an accused. In doing so, judges do not conduct a de novo hearing to determine the existence
of probable cause. They just personally review the initial determination of the prosecutor finding a
probable cause to see if it is supported by substantial evidence.

3. _________
4. _________

DISPOSITIVE PORTION
IN VIEW WHEREOF, the petitions are dismissed for lack of showing of grave abuse of discretion on the part of
the respondents. Costs against petitioners.

CONCURRING OPINION:

DICTA:

ELEMENTS OF CRIME: