Wednesday, April 27, 2011

The Coolest People on Earth Theory

As a social student/graduate, I've heard time and again from my professors at UP Manila that: "ang teoryang walang praktika ay walang saysay" (English translation: theory without practice is useless). I do recognize the importance of theory in society and, to an extent, social control. But before theory is practiced, it has to be carefully thought out.

Like Barney Stinson who always comes up with theories, and Sheldon and the gang who're always talking about real scientific theories, I'll give theory-making a try.

Theory: Once you meet The Coolest People on Earth, which is, as you know, subjective, you'll always have the thought that, whatever you do with other people it wouldn't amount to the fun, the familiarity and the feel of being with The Coolest People on Earth. So, meeting The Coolest People on Earth is both good and bad; there's a sense of ambiguity--much like Schroedinger's Cat.*

Illustration: If you're a party person, imagine yourself let's say... partying with the The Coolest Person--like let's say Tim Yap or someone who you think is the coolest (take note: not just cool butcoolest)--and then the next night you party with someone else who's not The Coolest Person. You'll come in, thinking, "ah, this is not going to be as epic as last night's" because you've experienced what partying with The Coolest Person feels like. Get it?

Real-Life Example (aka my experience): Having met, liked, loved, hated, loved again, and traveled with my Undergrad friends/blockmates/"barkada" I know what being with The Coolest People on Earth feel like. No matter what I do, whoever I meet, I know that nothing will compare to the fun, familiarity and over-all good vibe-feeling I get when I'm with The Coolest People on Earth. That sometimes, since I know that nothing will ever compare to these people, I come in into a group, a friendship, comparing this new group to The Coolest People on Earth. Of course, the new group loses because of the memories, inside-jokes and experiences I've shared with former.

In a way, this hinders me to make an effort to be really close to these new set of people I'm with/exposed to. But to look at it from another view, it gives me some sort of perspective. Where to put things, what to prioritize. Yes, I recognize the fact that I do need to make the extra effort and try to get to know and enjoy these new people's company more/better. But I also know for a fact that it will always come back to The Coolest People on Earth, who not only saw and was with me during my best moments but also have seen and tolerated me at my worst. 

Note: Each person may have a different set of The Coolest People on Earth. What I consider my Coolest maybe your Worst, or vice versa. But I guess that's the beauty of this concept. It's not encompassing, it's not true in all instances (one set of The Coolest People on Earth will not be such to each and every person on this planet) but you know it's true, it works.



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Tuesday, April 26, 2011

The Greatest Book Ever Written

Books give me ideas. Ideas that are great; ideas that aren't; ideas that may seem crap to you but seem to be the smartest thing to me. This is why I read, voraciously.

I don't always take books, statements, lines, for what they are. I always, like nine out of eleven times, turn them into something that matters to ME. Sometimes, often times, the words, the statements, the lines would be entirely different from what it is originally used to mean. Talk about screwing communication, language.

But this is what works for me.

I've read the Catcher in the Rye, hoping to be have Aristotle's bathtub-Eureka moment I experienced when I read On the Road. But no, I didn't turn into a psychotic serial killer or a possible Pope assasinator. Having read Fight Club, and after taking in the nouvelle cuisine of anarchy that the book offered, I admit I thought of becoming Joe's Smirking Revenge but I remember the sense in life and the belief I have in life, in the world, in everyone. There lies in each soul a glimmer of hope, a tinge of goodness that is waiting to be ignited into one, big, warm ball of kindness that would light the almost-dying light in other people's soul. It's a never ending cycle that awaits to be started by one's glimmer of hope, tinge of goodness.

See how books stimulate me to think... To rediscover the ideas I thought I have lost or were covered by other seemingly important but are useless pieces of information pretending to be knowledge.

One of my greatest fears is that: if I don't read my mind, my ideas, would be only as great as the last book I've read. And you and I know the last book one has read isn't, almost always, nine out of eleven times, not the greatest book ever written. There remains that one book, that one story, that one group of words, that IS the greatest book ever written, waiting for your eyes, your thoughts. It is my quest to keep looking for the Greatest Book Ever Written, and keep hoping never to find it.




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Monday, April 25, 2011

Quintet 2: Holy Week Playlist

Quintet is a monthly music review of any five songs I happen to come across/stumble upon, or were recommended, any how, any time. Suggestions from readers are most welcome because music deserves to be shared. Let me be your convert or critic.


This second edition of Quintet features five songs I came across in different ways, and listened to during the Holy Week break. Some were recommended by friends, one I discovered while watching a movie, and one I liked when the biggest crush of my life announced his engagement on TV.


In the Beginning by K'naan
On the night of 420, I had the irresistible desire to watch Harold and Kumar: Escape from Guatanamo Bay. It turned out to be a good decision because I discovered the song In the Beginning by K'naan. It was used as a background song when Harold, Kumar and their respective love interests were touring Amsterdam. First impression: The song was so catchy it made me want to go to Amsterdam. Second, more lasting impression: It has a legitimate, sensible message.

Verdict: It's a cross between Where's the Love? by the Black Eyed Peas and Jah is Mighty by Bob Marley. It's perfect for both 'chill' 420-like moments and for road trips. I liked the song so much I even made my own video of it. More on this later.


Bent by Matchbox Twenty
One of the ways I discover good songs to listen to is through the music video links posted by my friends on Facebook. It gives variety and a sense of randomness. This song is one of those Facebook discoveries. I thought I didn't know the song but when the chorus came on, I realized that I knew the song, and I'm part of the Matchbox Twenty generation. I sang to Unwell back in high school, and even during the depressing/emo moments of undergrad.

Verdict: This song has Matchbox Twenty written all over it, and Matchbox Twenty songs are always perfect for the lip-sync-ing and air-guitaring individuals.


Dogs Days are Over by Florence and the Machine
I've heard the song and of the song title; I've heard of the band (TIME said they're one of the emerging British indie bands). It never came to mind that these two are related. Me and The Coolest People in the World laugh at song title because it reminded us of our silly nickname for the lax days of undergrad: Doggy-doggy. So now that we've graduated from undergrad and most of us are working, the song title is perfect.

Verdict: This is what Laura Marling would sound like if she hang out/jammed with... let's say, K'naan or even Sara Bareilles.


Tadhana by Up Dharma Down
Like Bent this song is a Facebook discovery. Up Dharma Down's Oo made quite an impression on me (it was on 'repeat' for two weeks on my iPod) so I decided to give this one a try. It was the same slow melody, almost the same message/topic (sad, painful love) but this seemed to be a lot sadder than and has more drama compared to Oo.

Verdict: This is perfect for times when you feel like drowning yourself or drowning out the world with sad love songs. The analogies could mean anything, depending on how you see--no, hear it. 


Beautiful Days by Kyla
Being a Kyla fan, I knew of the song way back in high school/early college. I simply thought that it was nothing more than a nice love song and an ideal sleep-inducer, like Nina's Someday and Juris Fernandez' Di Lang Ikaw. But when Kyla sang it to Rich Alvarez, my most favorite basketball player of all time and ultimate crush (as you can see from this webpage's sidebar), I appreciated it in a different light--a loving, sincere and almost wistful light.


Verdict: The song makes you want to have someone to sing it to. Fortunately, before I shed any tears or look at the guy next to me, the song ended and K'naan's In the Beginning snapped me out of it. Good thing my phone's on shuffle.


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You may want to read Quintet 1.


Monday, April 18, 2011

The New Coffee Shop

Confession: I used to go to The Gym. Not because I enjoy it but because I fear that my genes or my lifestyle will get the better of me one of these days. Same reason why I don't smoke--It's not because I super care about the environment but because I know it'll become the death of me.

Anyway, the gym thing did not work well for me because:

1. Most gyms, or at least the one I used to go to, are full of men. Yeah, we hear countless women complain about their figures, their flaws and flabs but it is the men who are actually concerned about their health and their figures...or physique (or whatever sounds manly to you. haha). Some women thrive in an atmosphere reeking of testosterone but I don't.

2. I beefed up not toned down. Contrary to popular belief that gyms, or doing the exercises, lifts, etc that the gym trainers tell you to, will make you lose weight or be slimmer, gyms are perfect for people who wants to beef up. Those people who're born skinny as a stick are ideal gym-goers. Those who're born fat, or has big bone structure, should maintain a proper diet first before going to the gym to tone down.

3. Gyms are the new coffee shops. People go there not because they want coffee or really want to work out but because they want to socialize or be sosyal. Bleh.

and some other petty reasons. So I kissed gym-going goodbye and took up sports instead.


Recently, I've become a big fan of the Thought Catalog. The articles are funny, witty, and downright true. One of the more relate-able ones is this, an article on People You Tend to Find at the Gym. Fortunately (or maybe unfortunately) for me, I only met four out of the ten people the author listed. To this list, I want to add, from my brief gym-going experience:

11. The Cool Soccer Mom who wants to be fit, stay healthy and keep her husband from cheating, or get/seduce him back.
12. The Recently Retired Man/Woman who's looking for ways to spend his/her pension money and stay healthy.
13.  The Woman Who is this near to getting surgical treatments but is either: )1) still saving up for the big Operation or having second thoughts.

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Saturday, April 16, 2011

Petals, "Ostia" and Ice Cream

JAMMAMELA
For our English 30 (English for the Professions) class, a classmate (a second year student from FoodTech) created a brochure for her home-made gumamela jam. My law blockmate liked it, and even asked for a second (and third) serving but I didn't share his enthusiasm for the jam because I can't shrug off the reality that it is a flower; that I'm eating petals.

THE BIGGEST HAW FLAKES I'VE EVER SEEN
It's the size of, and looks like, a slice of Argentina meat loaf but it is a haw flake. Haw flakes, or ostia as I used to call it, reminds me of my childhood. (aww, drama) I ate half a pack because I missed eating it.

YES, I'M AN ICE CREAM JUNKIE.
The best, only, and most favorite Comfort Food ever. I eat it when I feel like celebrating, sulking, or, simply, passing time. My thighs reminds me of all the 800ml tubs of Selecta and Nestle ice cream I greedily consumed in the past.




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Saturday, April 9, 2011

The Battle of the Cup Noodles


The Protagonists (l-r): Nissin Cup Noodles (Beef), Tekki Shomen (Beef Overload), Lucky Me Supreme (Bulalo)


Tekki Shomen Beef Overload




The Lowdown: It comes in a slightly bigger cup for only P19(?), and is sleek-looking. The velvet/dark pink/red-violet color makes it different from the usual yellow, blue, brown and green cups, cup noodles usually come in. The flat noodles is a nice variety from the usual round(?) noodle types. The condiments, especially the white one that comes in the transparent pink plastic looks really unhealthy. The powder, which gives it the 'beef flavor' is looks like ash. Ugh. Makes you think twice whether to eat it or not. Fortunately, once the noodles are cooked, the ash-like powder losses it ash-like quality.


What is that gray thing? It looks like ash.


The Verdict: It's ideal for those who want to save a few pesos or those who believe in giving all brands in the market a fair chance. It's not called a free market for nothing, right?


Lucky Me Supreme Bulalo




The Lowdown: Growing up on Lucky Me noodles and pancit canton (and later on, Curly Spaghetti and Sopas), I was quite biased in favor of this brand. Like Colgate and Coffeemate, Lucky Me has brand/name-recall in its favor. Aside from that, the taste is familiar to the taste of the noodles we are accustomed to. The one we equate with rainy days and bouts with sickness. The fork that comes in the cup puts the 'instant' in instant noodles. Like Tekki Shomen, Lucky Me has this white, unhealthy looking condiment. It makes you think about not putting it in but because you know it'll change the taste, you'll mix it in, still.

What is that white thing? MSG? Haha


The Verdict: It is ideal for those who're on-the-go (no need for a fork) and for those who believe that, 'Why fix it if it ain't broke?'


Nissin Cup Noodles 'Beef'




The Lowdown: It comes in a plastic cup, unlike the other two which came in pseudo-paper cups, which makes me wonder about the environment a few seconds after opening it. Unlike the other two brands, the condiments or ingredients are already mixed in with the noodles, all one has to do is pour on the hot water and wait. This takes out my doubt with the white sticky condiment that is present in both Tekki Shomen and Lucky Me. The noodle strands are, somewhat, a cross-breed of flat and round noodles. One not-so good thing, however, is its easily tear-able lid. Let's say, in the 5 times that I've eaten Nissin, the lid gets torn in half about 4 times.    

The Verdict: I like Nissin because it's a cross-breed between the Tekki Shomen and the Lucky Me. The things that I loved about the two brands are combined in Nissin (the flat noodles and the familiar Lucky Me taste) and the things that I hate are removed (the white sticky-looking condiment). One thing is missing to make it complete: the fork.


WINNER: NISSIN CUP NOODLES (BEEF)

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Note: This review does not intend to convince people that instant noodles are the smartest thing ever invented (because it isn't) or that it is a healthy food choice (because it isn't). This only serves to enlighten people on what these cup noodles offer for those who're always on-the-go or doesn't know how to cook.

Still, nothing beats the real thing:

Masuki's original mami

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Twisted 8 1/2: A visual personal music player

I treasure friends who impart: (1) seemingly weird but turns out to be useful information, (2) quirky ideas, and (3) uncommon but highly logical insights. Also, I tend to like/love friends who give sensible gifts. I will take a friend who gives me something I didn't think I needed until I was given one over a friend who gets me something really expensive.

For my birthday last year, I received, albeit belatedly, two really sensible gifts. A key ring and a book. Both signify the maturity that characterized that particular year of my existence. I never thought that a key ring would be helpful but when I was given one by a friend, it turned out to be one of my most used belongings.

No matter how crappy or lame other people think giving books-as-gifts is, I adamantly maintain the position that: Giving books as gifts is cool, or hot. 

As a kid, when I was starting to get into reading, I always had this thought that whoever gave me my first book--after I realized reading is an interest, a passion--would be the coolest person for me. It turned out, I was right. It was my mother who gave me my first set of books; and she is, by far, the coolest best person in the world.

Yes, it was given that I received a Three Little Pigs storybook when I was kid, and I read the 1993 Guinness Book of World Records, and the Science Library that came with it, quite extensively, it was not until I was in grade school when I engaged in reading as an interest. When my mom realized that her second daughter is a nerd/book-whore, she gave me three John Grisham books: The Firm, The Pelican Brief and A Time To Kill. Of course, her choice of books was influenced by my growing interest in becoming a lawyer. (I believe it was in Grade Five when I realized that the logic-ness of being a lawyer outweighs the coolness of being an astronaut or a journalist or a painter.)

After the Grisham books, I mostly bought or borrowed all the books I read. My mom's boss is one of those very few (if not the only person) who gives me books as gifts. So when my friend gave me Twisted 8 1/2 by Jessica Zafra as a birthday gift, her coolness, in my mental Coolness Rank, definitely went higher. 
My copy of Twisted 8 1/2,
one of the coolest gifts ever
The book, as I told my friend when I thanked her after reading it (three months after she gave it to me), is a very light read. You can read it almost anywhere, any time. It being black and slim sends the message to people who'd see you reading it that, "Stay away; I'm reading serious stuff." Most books do that anyway.

Despite the slimness or the brevity of the book, it was able to make my mind churn; make me think. It made me, despite the noise of Metro Manila, hear myself think. It was like a visual personal music player. Paraphrasing Zafra: "It created a force field around me, it shut out the world that is trying to swallow me whole, and defined, however tenuously, a space that is mine." A space I call my mind.

The book was relateable and lovable because Zafra wrote about the things I'm equally passionate about: Reading, Books, Music, Photography and Writing. I was able to relate to Technology, which was the main topic of her essays/articles and of which I'm not so much a fan of, because she correlated it to the aforementioned topics.

Bottomline, the book is worth having, especially for people who are turned on by prose, reality, and an occasional amount of trivia.

To end, I will quote two sentences from the book: Books are repository of human experience. They tell us what being human is all about.


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Wednesday, April 6, 2011

Things I Have Wanted to Do But Don't Have the Time For (Summer 2011)

Because I'm overwhelmed with how much free time I'm going to have this summer (8 weekends = 16 days, approximately fifty evenings) and with the possibility that I won't be able to enjoy all these in June, when classes start, I decided to make a list of Things I Have Wanted to Do But Don't Have the Time For. All of these I wish to accomplish during summer.

1. Play basketball or badminton...or try out a new sport... Be fit, in general.

2. Lose weight, any 'weight' would be nice.

Photo from JessicaRulesTheUniverse.com
3. Read more. Finish reading all the books I bought during the school year and those I bought and never get to read. Twisted 8 1/2 by Jessica Zafra, Naked Lunch by William Burroughs, Our Town by Thornton Wilder, Life Universe and Everything, So Long and Thanks for all the Fish and Mostly Harmless by Douglas Adams, et al.

4. Rediscover painting. This long-forgotten passion/frustration has recently captured my interest when I saw the paintings on the wall of my Law blockmate's flat. Seeing his own work on canvas reignited (naks) my desire to make and display my own work.

5. Travel. Although I won't be travelling to Palawan, or even Tagaytay, with my Law blockmates because of The India Fund, I will be travelling with my family to my father's hometown in Pangasinan to celebrate his 50-something-th birthday. My childhood memories are filled with epic road trips to Dasol Pangasinan, and this trip will reminisce those.



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Monday, April 4, 2011

5 Lessons Learned as a Student

Lessons Learned from the Week I Became a Full-Time Student
(aka The Week I Took a Leave from Work to Study for the Finals Week)

1: The things you are deprived of, you value more.

2: Life's simple joys is, simply, to be enjoyed.

3: Always keep in mind Murphy's Law but not to keep it in heart. 

4: Love is not a feeling, it's an ability. -Dan in Real Life

5: The hours of sleep you missed can be negated, although momentarily, by the right amount of coffee you take.



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Thursday, March 24, 2011

Quintet 1: Music to my ears

Quintet is a monthly music review of any five songs I happen to come across/stumble upon, or were recommended, any how, any time. Suggestions from readers are most welcome because music deserves to be shared. Let me be your convert or critic.


Jo Ann's Life Essentials:

1. Glasses
2. Good book to read
3. Money
4. Hanky
5. Skyflakes and Gatorade (grape)
6. Earphones
7. Doublemints
8. Hair brush
and so on...

I call this list "Life essentials" because, basically, without these things (and a few more unlisted things) I wouldn't be able to live life or even move through life. My glasses and books make me see the world clearly--literally and figuratively; money gives me the opportunity to enjoy the simple and even extravagant joys of life; my hanky keeps my tears, sweat and other stuff in check; Skyflakes and Gatorade, my hairbrush and Doublemints keep my stomach, hair and breath and  in check, respectively.

As for my earphones... they serve a bigger, greater purpose other than signalling people who try to talk to me to step back because I'm busy or can't hear them... my earphones keep my sanity in check. Music has always been, and will always be, a personal interest and stress reliever. Often times, people would see me around work or Malcolm Hall wearing earphones (unless of course I'm talking to someone). I do this to zone the noise out. Noise that is both auditory and metaphorical. 

This week, I have spent my early mornings (well, most of the day, actually) listening to music recommended by family and friends.

Sunday - Man in the Mirror (cover)
Monday - Be There by Howie Day
Tuesday - Chasing Pavements by Adele
Wednesday - I Know Places by Lykke Li
Thursday - Ashes and Wine by A Fine Frenzy

Although I'm familiar with A Fine Frenzy and Howie Day, I Know Places and Be There are welcome additions to my playlist. Coincidentally, they both talk (or sing?) about travel (literal and figurative); choosing between staying and going. 

Listening to Chasing Pavements remind me of the "emo" days of high school, and the 'young and stupid yet happy' days of undergrad. I listen to it with a familiar wistfulness--a kind of wistfulness that is healthy to make yourself feel once in while but if abused may cause frustration. It is very timely for me to listen to it now when I'm thinking of giving up or keeping chasing pavements...the pavements of Malcolm.

Likewise, the cover of Man in the  Mirror by an unknown artist reminds me of the videoke, carefree days with undergrad block mates. I remember the Michael Jackson "phase" I had. I listened to Michael Jackson songs and nothing else. Moreover, it reminds me of the death (and the life) of the legend. 

Ashes and Wine, recommended by my elder sister, is, hands down, My Depressing  Song of the Week. Rebecca Black's Friday is a close second. 

To conclude, I was told by a teacher-blockmate that I am an auditory learner. I learn by listening to things or reciting things over and over again. Does this mean I have to forego listening to music next week, which is my 'Final Exams' week, and switch to listening to codals etc.? Perfect.


  


Thursday, March 17, 2011

Sunday, March 13, 2011

The India Fund

Order to Self No. 1
An order creating the India (or Any Southeast Asian Country) Fund, and other purposes thereof

A photo of the Taj Mahal from http://www.state.gov/r/pa/ie/bgn/3454.htm

Whereas, being a graduate of BA Social Sciences (Area Studies) which deals with History, Politics and Culture of Southeast Asian countries (and some European and West Asian countries as well), I have learned to love travelling;

Whereas, this love for travelling has become more than an interest but a passion--a shared passion with my undergrad blockmates and friends;

Whereas, these blockmates and friends, who I refer to as The Coolest People on Earth, have traveled with me to Ilocos, Sagada, Batanes, Nueva Ecija, Cavite, Cebu and Bohol;

Whereas, despite graduation, different work and school schedules, we still share the same passion, the same love, for travelling;

Whereas, we, as a group, have committed to taking many more trips together as soon as possible, and we have decided on going out of the country;

Whereas, since we have become part of the employed class, we have to fund our trips ourselves;

Whereas, I have prepared to undertake the first step towards the goal of travelling, which is getting a passport, I now focus on the next immediate task at hand which is planning where to get the funds;

Whereas, in this light, I am creating, for my own benefit, the India (or Any Southeast Asian Country) Fund. This Fund will be used mainly for my expenses in travelling to India (or Any Southeast Asian Country) by the third or fourth quarter of this year, 2011;

Whereas, to ensure compliance to this Order, I am enjoined to publish updates regarding the implementation of this Order;

Whereas, I am hereby compelling myself to save every peso I can, take the least (if not, none) taxi rides, eat less (expensive) meals, spend less on books etc, and basically, practice other austerity measures as much as the situation permits me. Obtaining other financial resources is also encouraged.

This will take effectively upon publication in this blog site.




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Monday, March 7, 2011

Floating

Time does not cure anything. Simply, it is a cloak that deceives us. It is a placebo that leads us to think, to believe, to feel that we are well, when in fact we are anything but. We think time has helped us be better, grow better. But no, time is a magician, an illusionist. When time itself reveals to us--transports us back in time whilst staying and being in the present--that we have not changed an inch, an iota; we weep, we grieve for "all the time lost".

Time and again (pun definitely intended) we are faced by the harsh reality of the present and the indifference and impossibility of the past...and the uncertainty and wickedness of the future. We are stuck, floating floating and floating between the waves of past, present and future. Getting a whiff, sip, and taste of the past, present and future but not committing entirely to one. We give each--the past, present and future--a taste, a glimpse, a whiff of our whole being. A version of us. Little truths that if taken alone mean nothing, but if collected will mean a lot. We are afraid to choose one, for in choosing we not only opt to give our whole self but we gamble, we risk. We give up the familiarity we gained from floating from one to the other for something uncertain but promises to be something better.

Will we let these promises lure us into stopping and come down from our joyous, relaxed and comfortable floating? Or will we be firm in maintaining that floating is best thing for us, that we have once in our life stopped floating but it almost caused us not to be able to fly again?

We are unstoppable forces floating from the past, present and future waiting to encounter our own immovable objects to stop our fancy flight and make us realize that 'hey, floating is not the best/only thing we can do.'



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Thursday, March 3, 2011

Why I Think Ted WILL and SHOULD Meet The Mother Soon

Robin, Lily, Ted and Barney helped Marshall deal with the death of his father
("Last Words" How I Met Your Mother)


WILL
2030 - Ted tells children that the story of how he met their mother; the boy, Luke appears to be thirteen years old and Leia appears to be fifteen.

2021 -  Ted tells Wendy the Waitress that he has two kids and is married to a wonderful woman. ("Garbage Island").

2015 - Since the first born, Leia, seems to be fifteen in 2030, it is logical to assume she is born this year. Knowing how Ted is so ready to be a father, it is safe to assume that he and the Mother only waited a year to have kids, and were married in...

2014 - Knowing Ted and judging by his past relationships, it is safe to assume that they would be together for two years before tying the knot, which means by...

2012 - Ted and the Mother become a couple, and judging by how Ted wins women over with great romantic gestures, he will meet the Mother in...

late 2011 or early 2012. 


SHOULD
Aside from the above argument being chronologically sound, I add another argument that Ted should meet the Mother soon, for the simple reason that... if the show is stretched beyond season seven, it will take its toll on the story. The plot will suffer because of the desire to lengthen the show, and milk it for what it's worth. As of now, critics are saying that the show has gone past its prime (season two being the best, they say), and is going farther and farther from the central plot (a father telling his kids how he met their mother). Although the show's concept (backward narration) is new and original, this is also the show's greatest limitation. While making the story and script, the writers have to take in mind:

1. What has been already said, to keep the continuity going

2. What this will all lead to. Ted meets the Mother in a manner that solidifies what has been said not only about Ted but also about his friends as well.

3. That in developing Ted's character, his friends' characters have to grow as well. That in creating a fitting ending for Ted's story they have to create an end--actual or constructive--for the other characters as well. 

The season could end now, while it's on its sixth, but since the other characters' stories have to be ended as well, so as to make a 'full story', I believe it will and should end in Season 7 with Barney and Robin's wedding (or and I believe this is a remote possibility, Robin's wedding to some other guy, or Barney's wedding to some other girl).

Thursday, February 24, 2011

Sweeter the Second Time Around

....or Why the La Salle Women's Volleyball Team will Win the 73rd UAAP Women's Volleyball Championship



La Salle fans and critics have "marveled" at how the UST Tigresses managed to sweep the defending champions in last season's Finals. It was heartbreaking not only for the volleyball players themselves but also for their fans and supporters who taught, with the Lady Spikers' skills and almost-impeccable timing, that they were going all the way. They never lost a game in the eliminations until they met the roaring Tigresses who people said, "peaked  at the right time." That loss was the start of the Lady Spikers' spiral down to defeat.

This season, the 73rd of the UAAP, almost the same line-up that lost to UST in the 72nd season have come back to play. Except for the three players who graduated (Kaye Martinez, Camille Cerveza, Regine Diego), the line-up was intact. La Salle also recruited good players to include in their 14-woman roster.


FIVE REASONS WHY LA SALLE WILL BE CHAMPS THIS SEASON:

Mika Esperanza. The advent of this gem of a setter shows a bright future ahead for the Lady Spikers--not only for this year but in the coming years ahead. In all the years that I have been a volleyball fan, I noticed that the La Salle offense (and even defense) relies heavily on the strength of their setter. We all know what Chi Saet did for La Salle in the late 1990s/early 2000s. After her, La Salle struggled to find an equally competent player to take Saet's place. But this year, they have successfully recruited Mika Esperanza of De La Salle-Lipa. For a rookie, Esperanza have shown composure and leadership on court by deciding well, and giving efficient sets. I will be surprised if she will not win the Rookie of the Year Award this season. (Note: La Salle rookies have won this award in the past two years, Melissa Gohing and Joanne Siy.)

Improved team offense and defense. Good sets translate to better scoring. Compared to the team last year, the line-up this year has stepped up in terms of scoring. Abigail Maraño and Michelle Gumabao have both improved on their game, and are now part of the scoring threats of the team. Their improvement, and involvement in offense lessened the pressure and attention (aka defense) given to veteran-graduating players Steph Mercado and Jacq Alarca. The players have gradually realized and adapted their roles in the team.

The players' improvement on offense is also evident in defense. The consistent and efficient blocking, and the remarkable improvement in floor defense (especially in Game 1 of the Finals against UST) make up for the deterioration of their libero's play this season. I guess she's suffering from Junior jinx (as opposed to sophomore jinx).

Luck. In some cases, skills and talent alone are not enough to win games and championships. Luck definitely plays a factor, although coaches do not want to heavily rely on this. This season La Salle had the breaks of the game going for them--most of the time. Also, they were lucky to have no injuries on their key players. More importantly, they were lucky (read: fortunate) to have just one game nullified in light of the controversy involving their players.

Cruz' leadership-by-example. Not to disregard or make less of Mercado's leadership as team captain last year, Cha Cruz's ascent as the captain this season translated to the improvement, versatility and consistency of her game. Whenever the team is down (in morale or in score) or the other team is threatening to make a comeback, she would step up and score to stave off the other team's rally. During the games, she is the first to cheer for a scored point and the first to move on and forget about a botched play. She keeps focused on court, and plays with smarts--evident of a true leader.

Experience. Losing the championship last year (in a sweep manner, no less) made the team this year tougher and consequently better. The players now know how to handle pressure and not back down to the challenge and criticisms the crowd throws at them. Before the Lady Spikers reached the Finals this season, they experienced two or three five-setter matches, all of which they won. In contrast to last year, when they lost the five-setter matches they had against UST, making the team vulnerable to pressure. They didn't have 'veterans' to turn to last season; whereas this season, Alarca, Mercado and Cruz step up during big games. As a whole, the Lady Spikers have developed the toughness of a Mich Datuin, the smarts of a Chi Saet, and the skills of a Des Hernandez. The question that remains to be answered is this: Will they have the heart of an Illa Santos?



Tuesday, February 8, 2011

A precious morning

If death was a person I will both fear and love it. I fear encountering it now--when I consider myself too young to have made an impression on the world, and the people I have met; when I consider myself not to have achieved relevant things; when I consider myself not to have attained the degree of happiness and satisfaction that I envisioned to have; and when I consider myself to have lived through the twenty one years of my life instead of living these twenty one years to the fullest. I would love to face it when I'm ready. But as of now, I don't exactly know when that time be or what will make me feel that the time is right, but I do know that death is something I fear, as of the moment.

February will always be a special month for me for two simple reasons: on February 1990, the person who has influenced and touched my life more than anyone could (with the exception of my mother) was born *hint* *hint*; and on the 12th of February 2010, I received the news that I got into UP Law, which I consider to be the first step towards realizing my goals in life.

Today, February 8 2011, the Philippines woke up to experience the truth about life: It is precious, live it fully. First, our incumbent president, President Noynoy Aquino was born on this day, several years ago. Birth is always commemorated by celebrating birthdays, and declaring national heroes' birthdays as national holidays. Bonifacio Day is, in fact, the date of birth of the Filipino hero, Andres Bonifacio. Second, today, former Secretary Angelo Reyes committed suicide in front of the tomb of his mother in Loyola Heights, Marikina City. We, Filipinos, view death not with the same candor as we have dealt with birthdays. Shouldn't we be happy that a person died having lived his life to the fullest? Or do we readily assume that death of a person is an unfortunate thing? What does Rizal Day, which falls on the day our national hero Dr Jose Rizal died, imply then? 

On a less nationally relevant (and more personal) note, I went to work today, relatively earlier than usual. I rode the jeep to Philcoa at around 7:15, and rode another jeep to San Mateo, Maly at around 7:30pm. When we were near Ever Gotesco, the driver said to another close-by driver who was blocking his way, "Walang preno, walang preno. Na-loose brake ako." Knowing that the jeep was not at full speed, I did not panic, and got off the jeep as soon as the driver successfully "parked" the jeep near the side of the road. I rode another jeep, and arrived at the office safely.

Upon hearing of Angelo Reyes' death on the news that same morning, my mind drifted off to my jeep mishap. Questions started crossing my mind. "What if" this, "what if" that. But I choose not to dwell on the negative (aka near-death experience part two?) but on the positive side of today's events. 

To put things simply, I thank God for guiding the hand (and the foot?) of the driver of the jeep, and for steering the jeep to safety despite the lack of brakes. Commonwealth Ave. is a risky place to be in, without brakes, but surprisingly no one was hurt. 

Life is precious. God is doing his best to make us realize the joys of life and keep us from harm. He gave us life--a gift so precious no one should end but Him. The best we could do to show gratitude for this gift of life is to live it fully and right. 


Saturday, December 25, 2010

Another Reason to Love Saturdays

I didn't think about putting up an entry here because... well, I'm on a writing break (from work and school) and I'm "busy" with other stuff, but since Christmas, which is big for us Filipinos, falls on a Saturday, and this blog is aptly- and relatedly- titled as such, let me greet you...

MERRY CHRISTMAS, everyone! 
May we not forget the true reason for the season. 
But if you do conform to a different belief system, that's fine, too. 
Just don't be a Christian, and forget the Christ in Christmas...and Christian.
As I always say, "May you and your families have a blessed Christmas."



.

Monday, December 20, 2010

Project Monte Cristo

Eerily, in our family, unlike normal Filipino families, it is the men who cook. My dad cooks often than my mom (ergo, he thinks he cooks better. Maybe.) and my brother Jay is a wayyy better cook than Ate Jing and me. The fact that my father is an Ilokano and my brother studies cooking is, of course, a factor that works in their favor.

But if I had to pick, I'd say cooking breakfast is what I'm good at. Mainly because I'm a morning person and that breakfast cooking involves nothing more complicated than frying stuff. So with that in mind, I went on to experiment on my cooking skills--that is, if I do have them. Let's call this, Project Monte Cristo.

I first encountered this sandwich during lunch with a blockmate from law school at the Congress cafeteria. It tasted good, and looked easy to make. Then and there, I decided I would "cook" something like it, sometime. Unlike normal/aspiring cooks, I didn't search for a "recipe" to follow. I just knew of the recipe by looking at the sandwich I was eating.

My masterpiece. haha
Recipe According To Me:
Ingredients:
Bread (preferably Gardenia)
Ham (Argentina meat/beef loaf would do)
Cheese (Eden cheese tastes just fine)
Eggs
That's it. Ok fine, add salt and pepper to taste.

Preparation:
1. Buy all the ingredients.
2. Fry meat/beef loaf.
3. Cut the bread in half.
4. Put slices of meat/beef loaf in between the cut bread slices.
5. Add cheese (and mayo, if needed).
6. Douse sandwich in beaten eggs.
7. Fry.
8. Serve!

Assessment: My sister and her roommate Mishele ate it with gusto so I guess Project Monte Cristo was a success. But I could use more practice (and patience) when it comes to frying.





This is how it was supposed to look like.


Stay tuned for more cooking sh*t. :)

.

Thursday, December 16, 2010

Main Decision, Lejano vs. People (2010)

For those who want to read the text of the decision of the Supreme Court (Lejano vs. People GR No. 176389) which caused the release of Hubert Webb and company after fifteen years in prison, here is the Decision penned by Justice Abad:



DECISION


ABAD, J.:

Brief Background

On June 30, 1991 Estrellita Vizconde and her daughters Carmela, nineteen years old, and Jennifer, seven, were brutally slain at their home in Parañaque City. Following an intense investigation, the police arrested a group of suspects, some of whom gave detailed confessions.  But the trial court smelled a frame-up and eventually ordered them discharged.  Thus, the identities of the real perpetrators remained a mystery especially to the public whose interests were aroused by the gripping details of what everybody referred to as the Vizconde massacre.
 Four years later in 1995, the National Bureau of Investigation or NBI announced that it had solved the crime.  It presented star-witness Jessica M. Alfaro, one of its informers, who claimed that she witnessed the crime.  She pointed to accused Hubert Jeffrey P. Webb, Antonio “Tony Boy” Lejano, Artemio “Dong” Ventura, Michael A. Gatchalian, Hospicio “Pyke” Fernandez, Peter Estrada, Miguel “Ging” Rodriguez, and Joey Filart as the culprits.  She also tagged accused police officer, Gerardo Biong, as an accessory after the fact.  Relying primarily on Alfaro's testimony, on August 10, 1995 the public prosecutors filed an information for rape with homicide against Webb, et al.[1]
 The Regional Trial Court of Parañaque City, Branch 274, presided over by Judge Amelita G. Tolentino, tried only seven of the accused since Artemio Ventura and Joey Filart remained at large.[2]  The prosecution presented Alfaro as its main witness with the others corroborating her testimony.  These included the medico-legal officer who autopsied the bodies of the victims, the security guards of Pitong Daan Subdivision, the former laundrywoman of the Webb’s household, police officer Biong’s former girlfriend, and Lauro G. Vizconde, Estrellita’s husband.
 For their part, some of the accused testified, denying any part in the crime and saying they were elsewhere when it took place.  Webb’s alibi appeared the strongest since he claimed that he was then across the ocean in the United States of America.  He presented the testimonies of witnesses as well as documentary and object evidence to prove this.  In addition, the defense presented witnesses to show Alfaro's bad reputation for truth and the incredible nature of her testimony.
 But impressed by Alfaro’s detailed narration of the crime and the events surrounding it, the trial court found a credible witness in her.  It noted her categorical, straightforward, spontaneous, and frank testimony, undamaged by grueling cross-examinations.  The trial court remained unfazed by significant discrepancies between Alfaro’s April 28 and May 22, 1995 affidavits, accepting her explanation that she at first wanted to protect her former boyfriend, accused Estrada, and a relative, accused Gatchalian; that no lawyer assisted her; that she did not trust the investigators who helped her prepare her first affidavit; and that she felt unsure if she would get the support and security she needed once she disclosed all about the Vizconde killings.
 In contrast, the trial court thought little of the denials and alibis that Webb, Lejano, Rodriguez, and Gatchalian set up for their defense.  They paled, according to the court, compared to Alfaro’s testimony that other witnesses and the physical evidence corroborated.  Thus, on January 4, 2000, after four years of arduous hearings, the trial court rendered judgment, finding all the accused guilty as charged and imposing on Webb, Lejano, Gatchalian, Fernandez, Estrada, and Rodriguez the penalty of reclusion perpetua and on Biong, an indeterminate prison term of eleven years, four months, and one day to twelve years.  The trial court also awarded damages to Lauro Vizconde.[3]
 On appeal, the Court of Appeals affirmed the trial court’s decision, modifying the penalty imposed on Biong to six years minimum and twelve years maximum and increasing the award of damages to Lauro Vizconde.[4]  The appellate court did not agree that the accused were tried by publicity or that the trial judge was biased.  It found sufficient evidence of conspiracy that rendered Rodriguez, Gatchalian, Fernandez, and Estrada equally guilty with those who had a part in raping and killing Carmela and in executing her mother and sister. 
 On motion for reconsideration by the accused, the Court of Appeals' Special Division of five members voted three against two to deny the motion,[5] hence, the present appeal.
 On April 20, 2010, as a result of its initial deliberation in this case, the Court issued a Resolution granting the request of Webb to submit for DNA analysis the semen specimen taken from Carmela’s cadaver, which specimen was then believed still under the safekeeping of the NBI.  The Court granted the request pursuant to section 4 of the Rule on DNA Evidence[6] to give the accused and the prosecution access to scientific evidence that they might want to avail themselves of, leading to a correct decision in the case. 
 Unfortunately, on April 27, 2010 the NBI informed the Court that it no longer has custody of the specimen, the same having been turned over to the trial court. The trial record shows, however, that the specimen was not among the object evidence that the prosecution offered in evidence in the case. 
 This outcome prompted accused Webb to file an urgent motion to acquit on the ground that the government’s failure to preserve such vital evidence has resulted in the denial of his right to due process.

Issues Presented

Accused Webb’s motion to acquit presents a threshold issue: whether or not the Court should acquit him outright, given the government’s failure to produce the semen specimen that the NBI found on Carmela’s cadaver, thus depriving him of evidence that would prove his innocence.
 In the main, all the accused raise the central issue of whether or not Webb, acting in conspiracy with Lejano, Gatchalian, Fernandez, Estrada, Rodriguez, Ventura, and Filart, raped and killed Carmela and put to death her mother and sister.  But, ultimately, the controlling issues are:
 1.      Whether or not Alfaro’s testimony as eyewitness, describing the crime and identifying Webb, Lejano, Gatchalian, Fernandez, Estrada, Rodriguez, and two others as the persons who committed it, is entitled to belief; and

2.      Whether or not Webb presented sufficient evidence to prove his alibi and rebut Alfaro’s testimony that he led the others in committing the crime.

The issue respecting accused Biong is whether or not he acted to cover up the crime after its commission.

The Right to Acquittal
Due to Loss of DNA Evidence

Webb claims, citing Brady v. Maryland,[7] that he is entitled to outright acquittal on the ground of violation of his right to due process given the State’s failure to produce on order of the Court either by negligence or willful suppression the semen specimen taken from Carmela.
The medical evidence clearly established that Carmela was raped and, consistent with this, semen specimen was found in her.  It is true that Alfaro identified Webb in her testimony as Carmela’s rapist and killer but serious questions had been raised about her credibility.  At the very least, there exists a possibility that Alfaro had lied.  On the other hand, the semen specimen taken from Carmela cannot possibly lie.  It cannot be coached or allured by a promise of reward or financial support. No two persons have the same DNA fingerprint, with the exception of identical twins.[8]  If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela.  It is that simple.  Thus, the Court would have been able to determine that Alfaro committed perjury in saying that he did.
Still, Webb is not entitled to acquittal for the failure of the State to produce the semen specimen at this late stage.  For one thing, the ruling in Brady v. Maryland[9] that he cites has long be overtaken by the decision in Arizona v. Youngblood,[10]  where the U.S. Supreme Court held that due process does not require the State to preserve the semen specimen although it might be useful to the accused unless the latter is able to show bad faith on the part of the prosecution or the police.  Here, the State presented a medical expert who testified on the existence of the specimen and Webb in fact sought to have the same subjected to DNA test. 
 For, another, when Webb raised the DNA issue, the rule governing DNA evidence did not yet exist, the country did not yet have the technology for conducting the test, and no Philippine precedent had as yet recognized its admissibility as evidence.  Consequently, the idea of keeping the specimen secure even after the trial court rejected the motion for DNA testing did not come up.  Indeed, neither Webb nor his co-accused brought up the matter of preserving the specimen in the meantime. 
 Parenthetically, after the trial court denied Webb’s application for DNA testing, he allowed the proceeding to move on when he had on at least two occasions gone up to the Court of Appeals or the Supreme Court to challenge alleged arbitrary actions taken against him and the other accused.[11]  They raised the DNA issue before the Court of Appeals but merely as an error committed by the trial court in rendering its decision in the case.  None of the accused filed a motion with the appeals court to have the DNA test done pending adjudication of their appeal.  This, even when the Supreme Court had in the meantime passed the rules allowing such test.  Considering the accused’s lack of interest in having such test done, the State cannot be deemed put on reasonable notice that it would be required to produce the semen specimen at some future time.
 Now, to the merit of the case.

Alfaro’s Story

Based on the prosecution’s version, culled from the decisions of the trial court and the Court of Appeals, on June 29, 1991 at around 8:30 in the evening, Jessica Alfaro drove her Mitsubishi Lancer, with boyfriend Peter Estrada as passenger, to the Ayala Alabang Commercial Center parking lot to buy shabu from Artemio “Dong” Ventura.  There, Ventura introduced her to his friends: Hubert Jeffrey P. Webb, Antonio “Tony Boy” Lejano, Miguel “Ging” Rodriguez, Hospicio “Pyke” Fernandez, Michael Gatchalian, and Joey Filart.  Alfaro recalled frequently seeing them at a shabu house in Parañaque in January 1991, except Ventura whom she had known earlier in December 1990. 

As Alfaro smoked her shabu, Webb approached and requested her to relay a message for him to a girl, whom she later identified as Carmela Vizconde.  Alfaro agreed.  After using up their shabu, the group drove to Carmela’s house at 80 Vinzons Street, Pitong Daan Subdivision, BF Homes, Parañaque City.  Riding in her car, Alfaro and Estrada trailed Filart and Rodriguez who rode a Mazda pick-up and Webb, Lejano, Ventura, Fernandez, and Gatchalian who were on a Nissan Patrol car.
 On reaching their destination, Alfaro parked her car on Vinzons Street, alighted, and approached Carmela’s house.  Alfaro pressed the buzzer and a woman came out.  Alfaro queried her about Carmela.  Alfaro had met Carmela twice before in January 1991.  When Carmela came out, Alfaro gave her Webb’s message that he was just around.  Carmela replied, however, that she could not go out yet since she had just arrived home.  She told Alfaro to return after twenty minutes.  Alfaro relayed this to Webb who then told the group to drive back to the Ayala Alabang Commercial Center.
 The group had another shabu session at the parking lot.  After sometime, they drove back but only Alfaro proceeded to Vinzons Street where Carmela lived. The Nissan Patrol and the Mazda pick-up, with their passengers, parked somewhere along Aguirre Avenue.  Carmela was at their garden.  She approached Alfaro on seeing her and told the latter that she (Carmela) had to leave the house for a while.  Carmela requested Alfaro to return before midnight and she would leave the pedestrian gate, the iron grills that led to the kitchen, and the kitchen door unlocked.  Carmela also told Alfaro to blink her car’s headlights twice when she approached the pedestrian gate so Carmela would know that she had arrived. 
 Alfaro returned to her car but waited for Carmela to drive out of the house in her own car.  Alfaro trailed Carmela up to Aguirre Avenue where she dropped off a man whom Alfaro believed was Carmela’s boyfriend.  Alfaro looked for her group, found them, and relayed Carmela’s instructions to Webb.  They then all went back to the Ayala Alabang Commercial Center.  At the parking lot, Alfaro told the group about her talk with Carmela.  When she told Webb of Carmela’s male companion, Webb’s mood changed for the rest of the evening (“bad trip”). 
 Webb gave out free cocaine.  They all used it and some shabu, too.  After about 40 to 45 minutes, Webb decided that it was time for them to leave.  He said,“Pipilahan natin siya [Carmela] at ako ang mauuna.” Lejano said, “Ako ang susunod” and the others responded “Okay, okay.”  They all left the parking lot in a convoy of three vehicles and drove into Pitong Daan Subdivision for the third time.  They arrived at Carmela’s house shortly before midnight.
 Alfaro parked her car between Vizconde’s house and the next.  While waiting for the others to alight from their cars, Fernandez approached Alfaro with a suggestion that they blow up the transformer near the Vizconde’s residence to cause a brownout (“Pasabugin kaya natin ang transformer na ito”).  But Alfaro shrugged off the idea, telling Fernandez, “Malakas lang ang tama mo.”  When Webb, Lejano, and Ventura were already before the house, Webb told the others again that they would line up for Carmela but he would be the first.  The others replied, “O sige, dito lang kami, magbabantay lang kami.”
 Alfaro was the first to pass through the pedestrian gate that had been left open.  Webb, Lejano, and Ventura followed her.  On entering the garage, Ventura using a chair mounted the hood of the Vizcondes’ Nissan Sentra and loosened the electric bulb over it (“para daw walang ilaw”).  The small group went through the open iron grill gate and passed the dirty kitchen.  Carmela opened the aluminum screen door of the kitchen for them.  She and Webb looked each other in the eyes for a moment and, together, headed for the dining area. 
 As she lost sight of Carmela and Webb, Alfaro decided to go out.  Lejano asked her where she was going and she replied that she was going out to smoke.  As she eased her way out through the kitchen door, she saw Ventura pulling out a kitchen drawer.  Alfaro smoked a cigarette at the garden.  After about twenty minutes, she was surprised to hear a woman’s voice ask, “Sino yan?”  Alfaro immediately walked out of the garden to her car.  She found her other companions milling around it.  Estrada who sat in the car asked her, “Okay ba?”
 After sitting in the car for about ten minutes, Alfaro returned to the Vizconde house, using the same route.  The interior of the house was dark but some light filtered in from outside.  In the kitchen, Alfaro saw Ventura searching a lady’s bag that lay on the dining table.  When she asked him what he was looking for, he said: “Ikaw na nga dito, maghanap ka ng susi.”  She asked him what key he wanted and he replied: “Basta maghanap ka ng susi ng main door pati na rin ng susi ng kotse.”  When she found a bunch of keys in the bag, she tried them on the main door but none fitted the lock.  She also did not find the car key.
 Unable to open the main door, Alfaro returned to the kitchen.  While she was at a spot leading to the dining area, she heard a static noise (like a television that remained on after the station had signed off).  Out of curiosity, she approached the master’s bedroom from where the noise came, opened the door a little, and peeked inside.  The unusual sound grew even louder.  As she walked in, she saw Webb on top of Carmela while she lay with her back on the floor.  Two bloodied bodies lay on the bed.  Lejano was at the foot of the bed about to wear his jacket.  Carmela was gagged, moaning, and in tears while Webb raped her, his bare buttocks exposed. 
 Webb gave Alfaro a meaningful look and she immediately left the room.  She met Ventura at the dining area.  He told her, “Prepare an escape.  Aalis na tayo.” Shocked with what she saw, Alfaro rushed out of the house to the others who were either sitting in her car or milling on the sidewalk.  She entered her car and turned on the engine but she did not know where to go.  Webb, Lejano, and Ventura came out of the house just then.  Webb suddenly picked up a stone and threw it at the main door, breaking its glass frame. 
 As the three men approached the pedestrian gate, Webb told Ventura that he forgot his jacket in the house.  But Ventura told him that they could not get in anymore as the iron grills had already locked.  They all rode in their cars and drove away until they reached Aguirre Avenue.  As they got near an old hotel at theTropical Palace area, Alfaro noticed the Nissan Patrol slow down.  Someone threw something out of the car into the cogonal area. 
 The convoy of cars went to a large house with high walls, concrete fence, steel gate, and a long driveway at BF Executive Village.  They entered the compound and gathered at the lawn where the “blaming session” took place.  It was here that Alfaro and those who remained outside the Vizconde house learned of what happened.  The first to be killed was Carmela’s mother, then Jennifer, and finally, Carmella.  Ventura blamed Webb, telling him, “Bakit naman pati yung bata?” Webb replied that the girl woke up and on seeing him molesting Carmela, she jumped on him, bit his shoulders, and pulled his hair.  Webb got mad, grabbed the girl, pushed her to the wall, and repeatedly stabbed her.  Lejano excused himself at this point to use the telephone in the house.  Meanwhile, Webb called up someone on his cellular phone. 
 At around 2:00 in the morning, accused Gerardo Biong arrived.  Webb ordered him to go and clean up the Vizconde house and said to him, “Pera lang ang katapat nyan.”  Biong answered, “Okay lang.”  Webb spoke to his companions and told them, “We don’t know each other.  We haven’t seen each other…baka maulit yan.”  Alfaro and Estrada left and they drove to her father’s house.[12]

1.      The quality of the witness
 Was Alfaro an ordinary subdivision girl who showed up at the NBI after four years, bothered by her conscience or egged on by relatives or friends to come forward and do what was right?  No.  She was, at the time she revealed her story, working for the NBI as an “asset,” a stool pigeon, one who earned her living by fraternizing with criminals so she could squeal on them to her NBI handlers.  She had to live a life of lies to get rewards that would pay for her subsistence and vices. 
 According to Atty. Artemio Sacaguing, former head of the NBI Anti-Kidnapping, Hijacking, and Armed Robbery Task Force (AKHAR) Section, Alfaro had been hanging around at the NBI since November or December 1994 as an “asset.”  She supplied her handlers with information against drug pushers and other criminal elements.  Some of this information led to the capture of notorious drug pushers like Christopher Cruz Santos and Orlando Bacquir.  Alfaro’s tip led to the arrest of the leader of the “Martilyo gang” that killed a police officer.  Because of her talent, the task force gave her “very special treatment” and she became its “darling,” allowed the privilege of spending nights in one of the rooms at the NBI offices.
 When Alfaro seemed unproductive for sometime, however, they teased her about it and she was piqued.  One day, she unexpectedly told Sacaguing that she knew someone who had the real story behind the Vizconde massacre.  Sacaguing showed interest.  Alfaro promised to bring that someone to the NBI to tell his story. When this did not happen and Sacaguing continued to press her, she told him that she might as well assume the role of her informant.  Sacaguing testified thus:    
  
ATTY. ONGKIKO:
Q.        Atty. Sacaguing, how did Jessica Alfaro become a witness in the Vizconde murder case?  Will you tell the Honorable Court?
           
x x x x

A.        She told me.  Your Honor, that she knew somebody who related to her the circumstances, I mean, the details of the massacre of the Vizconde family.  That’s what she told me, Your Honor.

ATTY. ONGKIKO:
Q.        And what did you say?

x x x x

A.        I was quite interested and I tried to persuade her to introduce to me that man and she promised that in due time, she will bring to me the man, and together with her, we will try to convince him to act as a state witness and help us in the solution of the case.

x x x x

Q.        Atty. Sacaguing, were you able to interview this alleged witness?

WITNESS SACAGUING:
A.        No, sir.

ATTY. ONGKIKO:
Q.        Why not?

WITNESS SACAGUING:
A.        Because Jessica Alfaro was never able to comply with her promise to bring the man to me.  She told me later that she could not and the man does not like to testify.

ATTY. ONGKIKO:
Q.        All right, and what happened after that?

WITNESS SACAGUING:
A.        She told me, “easy lang kayo, Sir,” if I may quote, “easy lang Sir, huwag kayong…”

COURT:
How was that?

WITNESS SACAGUING:
A.        “Easy lang, Sir.  Sir, relax lang, Sir, papapelan ko, papapelan ko na lang ‘yan.”

x x x x

ATTY. ONGKIKO:
Q.        All right, and what was your reaction when Ms. Alfaro stated that “papapelan ko na lang yan?”

WITNESS SACAGUING:
A.        I said, “hindi puwede yan, kasi hindi ka naman eye witness.”

ATTY. ONGKIKO:
Q.        And what was the reply of Ms. Alfaro?

WITNESS SACAGUING:
A.        Hindi siya nakakibo, until she went away.
(TSN, May 28, 1996, pp. 49-50, 58, 77-79)


         Quite significantly, Alfaro never refuted Sacaguing’s above testimony.

2.      The suspicious details
 But was it possible for Alfaro to lie with such abundant details some of which even tallied with the physical evidence at the scene of the crime?  No doubt, yes.
 Firstly, the Vizconde massacre had been reported in the media with dizzying details.   Everybody was talking about what the police found at the crime scene and there were lots of speculations about them. 
 Secondly, the police had arrested some “akyat-bahay” group in Parañaque and charged them with the crime.  The police prepared the confessions of the men they apprehended and filled these up with details that the evidence of the crime scene provided.  Alfaro’s NBI handlers who were doing their own investigation knew of these details as well.  Since Alfaro hanged out at the NBI offices and practically lived there, it was not too difficult for her to hear of these evidentiary details and gain access to the documents. 
 Not surprisingly, the confessions of some members of the Barroso “akyat bahay” gang, condemned by the Makati RTC as fabricated by the police to pin the crime on them, shows how crime investigators could make a confession ring true by matching some of its details with the physical evidence at the crime scene. Consider the following:
 a.      The Barroso gang members said that they got into Carmela’s house by breaking the glass panel of the front door using a stone wrapped in cloth to deaden the noise.  Alfaro could not use this line since the core of her story was that Webb was Carmela’s boyfriend.  Webb had no reason to smash her front door to get to see her. 
 Consequently, to explain the smashed door, Alfaro had to settle for claiming that, on the way out of the house, Webb picked up some stone and, out of the blue, hurled it at the glass-paneled front door of the Vizconde residence.  His action really made no sense.  From Alfaro’s narration, Webb appeared rational in his decisions.  It was past midnight, the house was dark, and they wanted to get away quickly to avoid detection.  Hurling a stone at that glass door and causing a tremendous noise was bizarre, like inviting the neighbors to come. 
 b.      The crime scene showed that the house had been ransacked.  The rejected confessions of the Barroso “akyat-bahay” gang members said that they tried to rob the house.  To explain this physical evidence, Alfaro claimed that at one point Ventura was pulling a kitchen drawer, and at another point, going through a handbag on the dining table.  He said he was looking for the front-door key and the car key.
 Again, this portion of Alfaro’s story appears tortured to accommodate the physical evidence of the ransacked house.  She never mentioned Ventura having taken some valuables with him when they left Carmela’s house.  And why would Ventura rummage a bag on the table for the front-door key, spilling the contents, when they had already gotten into the house.  It is a story made to fit in with the crime scene although robbery was supposedly not the reason Webb and his companions entered that house.
 c.       It is the same thing with the garage light.  The police investigators found that the bulb had been loosened to turn off the light.  The confessions of the Barroso gang claimed that one of them climbed the parked car’s hood to reach up and darken that light.  This made sense since they were going to rob the place and they needed time to work in the dark trying to open the front door.  Some passersby might look in and see what they were doing.
 Alfaro had to adjust her testimony to take into account that darkened garage light.  So she claimed that Ventura climbed the car’s hood, using a chair, to turn the light off.  But, unlike the Barroso “akyat-bahay” gang, Webb and his friends did not have anything to do in a darkened garage.  They supposedly knew in advance that Carmela left the doors to the kitchen open for them.  It did not make sense for Ventura to risk standing on the car’s hood and be seen in such an awkward position instead of going straight into the house.   
 And, thirdly, Alfaro was the NBI’s star witness, their badge of excellent investigative work.  After claiming that they had solved the crime of the decade, the NBI people had a stake in making her sound credible and, obviously, they gave her all the preparations she needed for the job of becoming a fairly good substitute witness. She was their “darling” of an asset.  And this is not pure speculation.  As pointed out above, Sacaguing of the NBI, a lawyer and a ranking official, confirmed this to be a cold fact.  Why the trial court and the Court of Appeals failed to see this is mystifying. 
 At any rate, did Alfaro at least have a fine memory for faces that had a strong effect on her, given the circumstances?  Not likely.  She named Miguel “Ging” Rodriguez as one of the culprits in the Vizconde killings.  But when the NBI found a certain Michael Rodriguez, a drug dependent from the Bicutan Rehabilitation Center, initially suspected to be Alfaro’s Miguel Rodriguez and showed him to Alfaro at the NBI office, she ran berserk, slapping and kicking Michael, exclaiming: “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.”  As it turned out, he was not Miguel Rodriguez, the accused in this case.[13] 
 Two possibilities exist: Michael was really the one Alfaro wanted to implicate to settle some score with him but it was too late to change the name she already gave or she had myopic vision, tagging the wrong people for what they did not do. 
 3.      The quality of the testimony
 There is another thing about a lying witness: her story lacks sense or suffers from inherent inconsistencies.  An understanding of the nature of things and the common behavior of people will help expose a lie.  And it has an abundant presence in this case.
 One.  In her desire to implicate Gatchalian, Fernandez, Estrada, Rodriguez, and Filart, who were supposed to be Webb’s co-principals in the crime, Alfaro made it a point to testify that Webb proposed twice to his friends the gang-rape of Carmela who had hurt him.  And twice, they (including, if one believes Alfaro, her own boyfriend Estrada) agreed in a chorus to his proposal.  But when they got to Carmela’s house, only Webb, Lejano, Ventura, and Alfaro entered the house. 
 Gatchalian, Fernandez, Estrada, and Rodriguez supposedly stayed around Alfaro’s car, which was parked on the street between Carmela’s house and the next. Some of these men sat on top of the car’s lid while others milled on the sidewalk, visible under the street light to anyone who cared to watch them, particularly to the people who were having a drinking party in a nearby house.  Obviously, the behavior of Webb’s companions out on the street did not figure in a planned gang-rape of Carmela.
  Two.  Ventura, Alfaro’s dope supplier, introduced her for the first time in her life to Webb and his friends in a parking lot by a mall.  So why would she agree to act as Webb’s messenger, using her gas, to bring his message to Carmela at her home.  More inexplicably, what motivated Alfaro to stick it out the whole night with Webb and his friends? 
 They were practically strangers to her and her boyfriend Estrada.  When it came to a point that Webb decided with his friends to gang-rape Carmela, clearly, there was nothing in it for Alfaro.  Yet, she stuck it out with them, as a police asset would, hanging in there until she had a crime to report, only she was not yet an “asset” then.  If, on the other hand, Alfaro had been too soaked in drugs to think clearly and just followed along where the group took her, how could she remember so much details that only a drug-free mind can?
 Three.  When Alfaro went to see Carmela at her house for the second time, Carmella told her that she still had to go out and that Webb and his friends should come back around midnight.  Alfaro returned to her car and waited for Carmela to drive out in her own car.  And she trailed her up to Aguirre Avenue where she supposedly dropped off a man whom she thought was Carmela’s boyfriend.  Alfaro’s trailing Carmela to spy on her unfaithfulness to Webb did not make sense since she was on limited errand.  But, as a critical witness, Alfaro had to provide a reason for Webb to freak out and decide to come with his friends and harm Carmela. 
 Four.  According to Alfaro, when they returned to Carmela’s house the third time around midnight, she led Webb, Lejano, and Ventura through the pedestrian gate that Carmela had left open.  Now, this is weird.  Webb was the gang leader who decided what they were going to do.  He decided and his friends agreed with him to go to Carmela’s house and gang-rape her.  Why would Alfaro, a woman, a stranger to Webb before that night, and obviously with no role to play in the gang-rape of Carmela, lead him and the others into her house?  It made no sense.  It would only make sense if Alfaro wanted to feign being a witness to something she did not see.
 Five.  Alfaro went out of the house to smoke at the garden.  After about twenty minutes, a woman exclaimed, “Sino yan?  On hearing this, Alfaro immediately walked out of the garden and went to her car.  Apparently, she did this because she knew they came on a sly.  Someone other than Carmela became conscious of the presence of Webb and others in the house.  Alfaro walked away because, obviously, she did not want to get involved in a potential confrontation.  This was supposedly her frame of mind: fear of getting involved in what was not her business.
 But if that were the case, how could she testify based on personal knowledge of what went on in the house?  Alfaro had to change that frame of mind to one of boldness and reckless curiosity.  So that is what she next claimed.  She went back into the house to watch as Webb raped Carmela on the floor of the master’s bedroom.  He had apparently stabbed to death Carmela’s mom and her young sister whose bloodied bodies were sprawled on the bed.  Now, Alfaro testified that she got scared (another shift to fear) for she hurriedly got out of the house after Webb supposedly gave her a meaningful look.
 Alfaro quickly went to her car, not minding Gatchalian, Fernandez, Estrada, Rodriguez, and Filart who sat on the car or milled on the sidewalk.  She did not speak to them, even to Estrada, her boyfriend.  She entered her car and turned on the engine but she testified that she did not know where to go.  This woman who a few minutes back led Webb, Lejano, and Ventura into the house, knowing that they were decided to rape and harm Carmela, was suddenly too shocked to know where to go!  This emotional pendulum swing indicates a witness who was confused with her own lies.

4.      The supposed corroborations
 Intending to provide corroboration to Alfaro’s testimony, the prosecution presented six additional witnesses: 
 Dr. Prospero A. Cabanayan, the NBI Medico-Legal Officer who autopsied the bodies of the victims, testified on the stab wounds they sustained[14] and the presence of semen in Carmela’s genitalia,[15] indicating that she had been raped. 
 Normal E. White, Jr., was the security guard on duty at Pitong Daan Subdivision from 7 p.m. of June 29 to 7 a.m. of June 30, 1991.  He got a report on the morning of June 30 that something untoward happened at the Vizconde residence.  He went there and saw the dead bodies in the master’s bedroom, the bag on the dining table, as well as the loud noise emanating from a television set.[16] 
White claimed that he noticed Gatchalian and his companions, none of whom he could identify, go in and out of Pitong Daan Subdivision.  He also saw them along Vinzons Street.  Later, they entered Pitong Daan Subdivision in a three-car convoy.  White could not, however, describe the kind of vehicles they used or recall the time when he saw the group in those two instances.  And he did not notice anything suspicious about their coming and going. 
But White’s testimony cannot be relied on.  His initial claim turned out to be inaccurate.  He actually saw Gatchalian and his group enter the Pitong Daan Subdivision only once.  They were not going in and out.  Furthermore, Alfaro testified that when the convoy of cars went back the second time in the direction of Carmela’s house, she alone entered the subdivision and passed the guardhouse without stopping.  Yet, White who supposedly manned that guardhouse did not notice her. 
Surprisingly, White failed to note Biong, a police officer, entering or exiting the subdivision on the early morning of June 30 when he supposedly “cleaned up” Vizconde residence on Webb’s orders.  What is more, White did not notice Carmela arrive with her mom before Alfaro’s first visit that night.  Carmela supposedly left with a male companion in her car at around 10:30 p.m. but White did not notice it.  He also did not notice Carmela reenter the subdivision.  White actually discredited Alfaro’s testimony about the movements of the persons involved.
 Further, while Alfaro testified that it was the Mazda pick-up driven by Filart that led the three-vehicle convoy,[17] White claimed it was the Nissan Patrol with Gatchalian on it that led the convoy since he would not have let the convoy in without ascertaining that Gatchalian, a resident, was in it.  Security guard White did not, therefore, provide corroboration to Alfaro’s testimony.  
Justo Cabanacan, the security supervisor at Pitong Daan Subdivision testified that he saw Webb around the last week of May or the first week of June 1991 to prove his presence in the Philippines when he claimed to be in the United States.  He was manning the guard house at the entrance of the subdivision of Pitong Daan when he flagged down a car driven by Webb.  Webb said that he would see Lilet Sy.  Cabanacan asked him for an ID but he pointed to his United BF Homes sticker and said that he resided there.  Cabanacan replied, however, that Pitong Daan had a local sticker. 
Cabanacan testified that, at this point, Webb introduced himself as the son of Congressman Webb.  Still, the supervisor insisted on seeing his ID.  Webb grudgingly gave it and after seeing the picture and the name on it, Cabanacan returned the same and allowed Webb to pass without being logged in as their Standard Operating Procedure required.[18] 
But Cabanacan's testimony could not be relied on.  Although it was not common for a security guard to challenge a Congressman’s son with such vehemence, Cabanacan did not log the incident on the guardhouse book.  Nor did he, contrary to prescribed procedure, record the visitor’s entry into the subdivision.  It did not make sense that Cabanacan was strict in the matter of seeing Webb’s ID but not in recording the visit.
Mila Gaviola used to work as laundry woman for the Webbs at their house at BF Homes Executive Village.  She testified that she saw Webb at his parents’ house on the morning of June 30, 1991 when she got the dirty clothes from the room that he and two brothers occupied at about 4.a.m.  She saw him again pacing the floor at 9 a.m.  At about 1 p.m., Webb left the house in t-shirt and shorts, passing through a secret door near the maid’s quarters on the way out.  Finally, she saw Webb at 4 p.m. of the same day.[19]
On cross-examination, however, Gaviola could not say what distinguished June 30, 1991 from the other days she was on service at the Webb household as to enable her to distinctly remember, four years later, what one of the Webb boys did and at what time.  She could not remember any of the details that happened in the household on the other days.  She proved to have a selective photographic memory and this only damaged her testimony.
Gaviola tried to corroborate Alfaro’'s testimony by claiming that on June 30, 1991 she noticed bloodstains on Webb's t-shirt.[20]  She did not call the attention of anybody in the household about it when it would have been a point of concern that Webb may have been hurt, hence the blood. 
Besides, Victoria Ventoso, the Webbs' housemaid from March 1989 to May 1992, and Sgt. Miguel Muñoz, the Webbs' security aide in 1991, testified that Gaviola worked for the Webbs only from January 1991 to April 1991.  Ventoso further testified that it was not Gaviola's duty to collect the clothes from the 2nd floor bedrooms, this being the work of the housemaid charged with cleaning the rooms. 
What is more, it was most unlikely for a laundrywoman who had been there for only four months to collect, as she claimed, the laundry from the rooms of her employers and their grown up children at four in the morning while they were asleep.
And it did not make sense, if Alfaro’s testimony were to be believed that Webb, who was so careful and clever that he called Biong to go to the Vizconde residence at 2 a.m. to clean up the evidence against him and his group, would bring his bloodied shirt home and put it in the hamper for laundrywoman Gaviola to collect and wash at 4 a.m. as was her supposed habit. 
Lolita De Birrer was accused Biong’s girlfriend around the time the Vizconde massacre took place.  Birrer testified that she was with Biong playing mahjong from the evening of June 29, 1991 to the early morning of June 30, when Biong got a call at around 2 a.m.  This prompted him, according to De Birrer, to leave and go to BF.  Someone sitting at the backseat of a taxi picked him up.  When Biong returned at 7 a.m. he washed off what looked like dried blood from his fingernails.  And he threw away a foul-smelling handkerchief.  She also saw Biong take out a knife with aluminum cover from his drawer and hid it in his steel cabinet.[21]
 The security guard at Pitong Daan did not notice any police investigator flashing a badge to get into the village although Biong supposedly came in at the unholy hour of two in the morning.  His departure before 7 a.m. also remained unnoticed by the subdivision guards.  Besides, if he had cleaned up the crime scene shortly after midnight, what was the point of his returning there on the following morning to dispose of some of the evidence in the presence of other police investigators and on-lookers?  In fact, why would he steal valuable items from the Vizconde residence on his return there hours later if he had the opportunity to do it earlier?
 At most, Birrer’s testimony only established Biong’s theft of certain items from the Vizconde residence and gross neglect for failing to maintain the sanctity of the crime scene by moving around and altering the effects of the crime.  Birrer’s testimony failed to connect Biong's acts to Webb and the other accused.
 Lauro Vizconde testified about how deeply he was affected by the loss of her wife and two daughters.  Carmella spoke to him of a rejected suitor she called “Bagyo,” because he was a Parañaque politician’s son.  Unfortunately, Lauro did not appear curious enough to insist on finding out who the rejected fellow was. Besides, his testimony contradicts that of Alfaro who testified that Carmela and Webb had an on-going relation.  Indeed, if Alfaro were to be believed, Carmela wanted Webb to come to her house around midnight.  She even left the kitchen door open so he could enter the house. 

5.      The missing corroboration
 There is something truly remarkable about this case: the prosecution’s core theory that Carmela and Webb had been sweethearts, that she had been unfaithful to him, and that it was for this reason that Webb brought his friends to her house to gang-rape her is totally uncorroborated! 
 For instance, normally, if Webb, a Congressman’s son, courted the young Carmela, that would be news among her circle of friends if not around town.  But, here, none of her friends or even those who knew either of them came forward to affirm this.  And if Webb hanged around with her, trying to win her favors, he would surely be seen with her.  And this would all the more be so if they had become sweethearts, a relation that Alfaro tried to project with her testimony. 
 But, except for Alfaro, the NBI asset, no one among Carmela’s friends or her friends’ friends would testify ever hearing of such relationship or ever seeing them together in some popular hangouts in Parañaque or Makati.  Alfaro’s claim of a five-hour drama is like an alien page, rudely and unconnectedly inserted into Webb and Carmela’s life stories or like a piece of jigsaw puzzle trimmed to fit into the shape on the board but does not belong because it clashes with the surrounding pieces.  It has neither antecedent nor concomitant support in the verifiable facts of their personal histories.  It is quite unreal.
 What is more, Alfaro testified that she saw Carmela drive out of her house with a male passenger, Mr. X, whom Alfaro thought the way it looked was also Carmela’s lover.  This was the all-important reason Webb supposedly had for wanting to harm her.  Again, none of Carmela’s relatives, friends, or people who knew her ever testified about the existence of Mr.X in her life.  Nobody has come forward to testify having ever seen him with Carmela.  And despite the gruesome news about her death and how Mr. X had played a role in it, he never presented himself like anyone who had lost a special friend normally would.  Obviously, Mr. X did not exist, a mere ghost of the imagination of Alfaro, the woman who made a living informing on criminals. 


Webb’s U.S. Alibi

Among the accused, Webb presented the strongest alibi. 

a.      The travel preparations
 Webb claims that in 1991 his parents, Senator Freddie Webb and his wife, Elizabeth, sent their son to the United States (U.S.) to learn the value of independence, hard work, and money.[22]  Gloria Webb, his aunt, accompanied him.  Rajah Tours booked their flight to San Francisco via United Airlines.  Josefina Nolasco of Rajah Tours confirmed that Webb and his aunt used their plane tickets.
 Webb told his friends, including his neighbor, Jennifer Claire Cabrera, and his basketball buddy, Joselito Orendain Escobar, of his travel plans.  He even invited them to his despedida party on March 8, 1991 at Faces Disco along Makati Ave.[23]   On March 8,1991, the eve of his departure, he took girlfriend Milagros Castillo to a dinner at Bunchums at the Makati Cinema Square.  His basketball buddy Rafael Jose with Tina Calma, a blind date arranged by Webb, joined them.  They afterwards went to Faces Disco for Webb's despedida party.  Among those present were his friends Paulo Santos and Jay Ortega.[24] 

b.      The two immigration checks
 The following day, March 9, 1991, Webb left for San FranciscoCalifornia, with his Aunt Gloria on board United Airlines Flight 808.[25]  Before boarding his plane, Webb passed through the Philippine Immigration booth at the airport to have his passport cleared and stamped.  Immigration Officer, Ferdinand Sampol checked Webb’s visa, stamped, and initialed his passport, and let him pass through.[26]  He was listed on the United Airlines Flight’s Passenger Manifest.[27]
 On arrival at San Francisco, Webb went through the U.S. Immigration where his entry into that country was recorded.  Thus, the U.S. Immigration Naturalization Service, checking with its Non-immigrant Information System, confirmed Webb's entry into the U.S. on March 9, 1991.  Webb presented at the trial the INS Certification issued by the U.S. Immigration and Naturalization Service,[28] the computer-generated print-out of the US-INS indicating Webb's entry on March 9, 1991,[29] and the US-INS Certification dated August 31, 1995, authenticated by the Philippine Department of Foreign Affairs, correcting an earlier August 10, 1995 Certification.[30]

c.       Details of U.S. sojourn
 In San Francisco, Webb and his aunt Gloria were met by the latter’s daughter, Maria Teresa Keame, who brought them to Gloria’s house in Daly City,California.  During his stay with his aunt, Webb met Christopher Paul Legaspi Esguerra, Gloria’s grandson.  In April 1991, Webb, Christopher, and a certain Daphne Domingo watched the concert of Deelite Band in San Francisco.[31]  In the same month, Dorothy Wheelock and her family invited Webb to Lake Tahoe to return the Webbs’ hospitality when she was in the Philippines.[32]
 In May 1991, on invitation of another aunt, Susan Brottman, Webb moved to Anaheim HillsCalifornia.[33]  During his stay there, he occupied himself with playing basketball once or twice a week with Steven Keeler[34] and working at his cousin-in-law’s pest control company.[35]  Webb presented the company’s logbook showing the tasks he performed,[36] his paycheck,[37] his ID, and other employment papers.  On June 14, 1991 he applied for a driver's license[38] and wrote three letters to his friend Jennifer Cabrera.[39]
 On June 28, 1991, Webb’s parents visited him at Anaheim and stayed with the Brottmans.  On the same day, his father introduced Honesto Aragon to his son when he came to visit.[40]  On the following day, June 29, Webb, in the company of his father and Aragon went to RiversideCalifornia, to look for a car.   They bought an MR2 Toyota car.[41]  Later that day, a visitor at the Brottman’s, Louis Whittacker, saw Webb looking at the plates of his new car.[42]  To prove the purchase, Webb presented the Public Records of California Department of Motor Vehicle[43] and a car plate “LEW WEBB.”[44]  In using the car in the U.S., Webb even received traffic citations.[45]
 On June 30, 1991 Webb, again accompanied by his father and Aragon,[46] bought a bicycle at Orange Cycle Center.[47]  The Center issued Webb a receipt dated June 30, 1991.[48]  On July 4, 1991, Independence Day, the Webbs, the Brottmans, and the Vaca family had a lakeside picnic.[49] 
 Webb stayed with the Brottmans until mid July and rented a place for less than a month.  On August 4, 1991 he left for LongwoodFlorida, to stay with the spouses Jack and Sonja Rodriguez.[50]  There, he met Armando Rodriguez with whom he spent time, playing basketball on weekends, watching movies, and playing billiards.[51]  In November 1991, Webb met performing artist Gary Valenciano, a friend of Jack Rodriguez, who was invited for a dinner at the Rodriguez’s house.[52] He left the Rodriguez’s home in August 1992, returned to Anaheim and stayed with his aunt Imelda Pagaspas.  He stayed there until he left for the Philippines on October 26, 1992.

d.      The second immigration checks
 As with his trip going to the U.S., Webb also went through both the U.S. and Philippine immigrations on his return trip.  Thus, his departure from the U.S. was confirmed by the same certifications that confirmed his entry.[53]  Furthermore, a Diplomatic Note of the U.S. Department of State with enclosed letter from Acting Director Debora A. Farmer of the Records Operations, Office of Records of the US-INS stated that the Certification dated August 31, 1995 is a true and accurate statement.  And when he boarded his plane, the Passenger Manifest of Philippine Airlines Flight No. 103,[54] certified by Agnes Tabuena[55] confirmed his return trip. 
 When he arrived in Manila, Webb again went through the Philippine Immigration.  In fact, the arrival stamp and initial on his passport indicated his return toManila on October 27, 1992.  This was authenticated by Carmelita Alipio, the immigration officer who processed Webb’s reentry.[56]  Upon his return, in October 1992, Paolo Santos, Joselito Erondain Escobar, and Rafael Jose once again saw Webb playing basketball at the BF's Phase III basketball court.

e.       Alibi versus positive identification
 The trial court and the Court of Appeals are one in rejecting as weak Webb’s alibi.  Their reason is uniform: Webb’s alibi cannot stand against Alfaro’s positive identification of him as the rapist and killer of Carmela and, apparently, the killer as well of her mother and younger sister.  Because of this, to the lower courts, Webb’s denial and alibi were fabricated.
 But not all denials and alibis should be regarded as fabricated.  Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi.  So how can such accused penetrate a mind that has been made cynical by the rule drilled into his head that a defense of alibi is a hangman’s noose in the face of a witness positively swearing, “I saw him do it.”?  Most judges believe that such assertion automatically dooms an alibi which is so easy to fabricate.  This quick stereotype thinking, however, is distressing.  For how else can the truth that the accused is really innocent have any chance of prevailing over such a stone-cast tenet? 
 There is only one way.  A judge must keep an open mind.  He must guard against slipping into hasty conclusion, often arising from a desire to quickly finish the job of deciding a case.  A positive declaration from a witness that he saw the accused commit the crime should not automatically cancel out the accused’s claim that he did not do it.  A lying witness can make as positive an identification as a truthful witness can.  The lying witness can also say as forthrightly and unequivocally, “He did it!” without blinking an eye. 
 Rather, to be acceptable, the positive identification must meet at least two criteria:
 First, the positive identification of the offender must come from a credible witness.  She is credible who can be trusted to tell the truth, usually based on past experiences with her.  Her word has, to one who knows her, its weight in gold.
 And second, the witness’ story of what she personally saw must be believable, not inherently contrived.  A witness who testifies about something she never saw runs into inconsistencies and makes bewildering claims.
 Here, as already fully discussed above, Alfaro and her testimony fail to meet the above criteria.
 She did not show up at the NBI as a spontaneous witness bothered by her conscience.  She had been hanging around that agency for sometime as a stool pigeon, one paid for mixing up with criminals and squealing on them.  Police assets are often criminals themselves.  She was the prosecution’s worst possible choice for a witness.  Indeed, her superior testified that she volunteered to play the role of a witness in the Vizconde killings when she could not produce a man she promised to the NBI.
 And, although her testimony included details, Alfaro had prior access to the details that the investigators knew of the case.  She took advantage of her familiarity with these details to include in her testimony the clearly incompatible act of Webb hurling a stone at the front door glass frames even when they were trying to slip away quietly—just so she can accommodate this crime scene feature.  She also had Ventura rummaging a bag on the dining table for a front door key that nobody needed just to explain the physical evidence of that bag and its scattered contents.  And she had Ventura climbing the car’s hood, risking being seen in such an awkward position, when they did not need to darken the garage to force open the front door—just so to explain the darkened light and foot prints on the car hood. 
 Further, her testimony was inherently incredible.  Her story that Gatchalian, Fernandez, Estrada, Rodriguez, and Filart agreed to take their turns raping Carmela is incongruent with their indifference, exemplified by remaining outside the house, milling under a street light, visible to neighbors and passersby, and showing no interest in the developments inside the house, like if it was their turn to rape Carmela.  Alfaro’s story that she agreed to serve as Webb’s messenger to Carmela, using up her gas, and staying with him till the bizarre end when they were practically strangers, also taxes incredulity.  
 To provide basis for Webb’s outrage, Alfaro said that she followed Carmela to the main road to watch her let off a lover on Aguirre Avenue.  And, inexplicably, although Alfaro had only played the role of messenger, she claimed leading Webb, Lejano, and Ventura into the house to gang-rape Carmella, as if Alfaro was establishing a reason for later on testifying on personal knowledge.   Her swing from an emotion of fear when a woman woke up to their presence in the house and of absolute courage when she nonetheless returned to become the lone witness to a grim scene is also quite inexplicable.
 Ultimately, Alfaro’s quality as a witness and her inconsistent, if not inherently unbelievable, testimony cannot be the positive identification that jurisprudence acknowledges as sufficient to jettison a denial and an alibi.

f.       A documented alibi
 To establish alibi, the accused must prove by positive, clear, and satisfactory evidence[57] that (a) he was present at another place at the time of the perpetration of the crime, and (b) that it was physically impossible for him to be at the scene of the crime.[58] 
 The courts below held that, despite his evidence, Webb was actually in Parañaque when the Vizconde killings took place; he was not in the U.S. from March 9, 1991 to October 27, 1992; and if he did leave on March 9, 1991, he actually returned before June 29, 1991, committed the crime, erased the fact of his return to the Philippines from the records of the U.S. and Philippine Immigrations, smuggled himself out of the Philippines and into the U.S., and returned the normal way on October 27, 1992.  But this ruling practically makes the death of Webb and his passage into the next life the only acceptable alibi in the Philippines.  Courts must abandon this unjust and inhuman paradigm.
 If one is cynical about the Philippine system, he could probably claim that Webb, with his father’s connections, can arrange for the local immigration to put a March 9, 1991 departure stamp on his passport and an October 27, 1992 arrival stamp on the same.  But this is pure speculation since there had been no indication that such arrangement was made.  Besides, how could Webb fix a foreign airlines’ passenger manifest, officially filed in the Philippines and at the airport in the U.S. that had his name on them?  How could Webb fix with the U.S. Immigration’s record system those two dates in its record of his travels as well as the dates when he supposedly departed in secret from the U.S. to commit the crime in the Philippines and then return there?  No one has come up with a logical and plausible answer to these questions. 
 The Court of Appeals rejected the evidence of Webb’s passport since he did not leave the original to be attached to the record.  But, while the best evidence of a document is the original, this means that the same is exhibited in court for the adverse party to examine and for the judge to see.  As Court of Appeals Justice Tagle said in his dissent,[59] the practice when a party does not want to leave an important document with the trial court is to have a photocopy of it marked as exhibit and stipulated among the parties as a faithful reproduction of the original.  Stipulations in the course of trial are binding on the parties and on the court.
 The U.S. Immigration certification and the computer print-out of Webb’s arrival in and departure from that country were authenticated by no less than the Office of the U.S. Attorney General and the State Department.  Still the Court of Appeals refused to accept these documents for the reason that Webb failed to present in court the immigration official who prepared the same.  But this was unnecessary.  Webb’s passport is a document issued by the Philippine government, which under international practice, is the official record of travels of the citizen to whom it is issued.  The entries in that passport are presumed true.[60] 
 The U.S. Immigration certification and computer print-out, the official certifications of which have been authenticated by the Philippine Department of Foreign Affairs, merely validated the arrival and departure stamps of the U.S. Immigration office on Webb’s passport.  They have the same evidentiary value.  The officers who issued these certifications need not be presented in court to testify on them.  Their trustworthiness arises from the sense of official duty and the penalty attached to a breached duty, in the routine and disinterested origin of such statement and in the publicity of the record.[61] 
 The Court of Appeals of course makes capital of the fact that an earlier certification from the U.S. Immigration office said that it had no record of Webb entering the U.S.  But that erroneous first certification was amply explained by the U.S. Government and Court of Appeals Justice Tagle stated it in his dissenting opinion, thus:

While it is true that an earlier Certification was issued by the U.S. INS on August 16, 1995 finding “no evidence of lawful admission of Webb,” this was already clarified and deemed erroneous by no less than the US INS Officials.  As explained by witness Leo Herrera-Lim, Consul and Second Secretary of the Philippine Embassy inWashington D.C., said Certification did not pass through proper diplomatic channels and was obtained in violation of the rules on protocol and standard procedure governing such request.

The initial request was merely initiated by BID Commissioner Verceles who directly communicated with the Philippine Consulate in San FranciscoUSA, bypassing the Secretary of Foreign Affairs which is the proper protocol procedure.  Mr. Steven Bucher, the acting Chief of the Records Services Board of US-INS Washington D.C. in his letter addressed to Philip Antweiler, Philippine Desk Officer, State Department, declared the earlier Certification as incorrect and erroneous as it was “not exhaustive and did not reflect all available information.”  Also, Richard L. Huff, Co-Director of the Office of Information and privacy, US Department of Justice, in response to the appeal raised by Consul General Teresita V. Marzan, explained that “the INS normally does not maintain records on individuals who are entering the country as visitors rather than as immigrants: and that a notation concerning the entry of a visitor may be made at the Nonimmigrant Information system.  Since appellant Webb entered the U.S. on a mere tourist visa, obviously, the initial search could not have produced the desired result inasmuch as the data base that was looked into contained entries of the names of IMMIGRANTS and not that of NON-IMMIGRANT visitors of the U.S..[62]


The trial court and the Court of Appeals expressed marked cynicism over the accuracy of travel documents like the passport as well as the domestic and foreign records of departures and arrivals from airports.  They claim that it would not have been impossible for Webb to secretly return to the Philippines after he supposedly left it on March 9, 1991, commit the crime, go back to the U.S., and openly return to the Philippines again on October 26, 1992.  Travel between the U.S. and thePhilippines, said the lower courts took only about twelve to fourteen hours. 
 If the Court were to subscribe to this extremely skeptical view, it might as well tear the rules of evidence out of the law books and regard suspicions, surmises, or speculations as reasons for impeaching evidence.  It is not that official records, which carry the presumption of truth of what they state, are immune to attack.  They are not.  That presumption can be overcome by evidence.  Here, however, the prosecution did not bother to present evidence to impeach the entries in Webb’s passport and the certifications of the Philippine and U.S.’ immigration services regarding his travel to the U.S. and back.  The prosecution’s rebuttal evidence is the fear of the unknown that it planted in the lower court’s minds.

7.      Effect of Webb’s alibi to others
 Webb’s documented alibi altogether impeaches Alfaro's testimony, not only with respect to him, but also with respect to Lejano, Estrada, Fernandez, Gatchalian, Rodriguez, and Biong.  For, if the Court accepts the proposition that Webb was in the U.S. when the crime took place, Alfaro’s testimony will not hold together. Webb’s participation is the anchor of Alfaro’s story.  Without it, the evidence against the others must necessarily fall.

CONCLUSION

In our criminal justice system, what is important is, not whether the court entertains doubts about the innocence of the accused since an open mind is willing to explore all possibilities, but whether it entertains a reasonable, lingering doubt as to his guilt.  For, it would be a serious mistake to send an innocent man to jail where such kind of doubt hangs on to one’s inner being, like a piece of meat lodged immovable between teeth.
 Will the Court send the accused to spend the rest of their lives in prison on the testimony of an NBI asset who proposed to her handlers that she take the role of the witness to the Vizconde massacre that she could not produce?
WHEREFORE, the Court REVERSES and SETS ASIDE the Decision dated December 15, 2005 and Resolution dated January 26, 2007 of the Court of Appeals in CA-G.R. CR-H.C. 00336 and ACQUITS accused-appellants Hubert Jeffrey P. Webb, Antonio Lejano, Michael A. Gatchalian, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada and Gerardo Biong of the crimes of which they were charged for failure of the prosecution to prove their guilt beyond reasonable doubt. They are ordered immediately RELEASED from detention unless they are confined for another lawful cause.

Let a copy of this Decision be furnished the Director, Bureau of Corrections, Muntinlupa City for immediate implementation.  The Director of the Bureau of Corrections is DIRECTED to report the action he has taken to this Court within five days from receipt of this Decision.


Lawyered!

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