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[52] On June 14, 2011, Hubert Webb filed a P180,000 compensation claim for "unlawful conviction" for the Vizconde massacre. The Vizconde massacre, dubbed the crime of the 20th century, was my defining moment as a columnist and defender of the oppressed and those. Jennifer woke up and, seeing Webb violating her sister, jumped on him and bit him. The Asian Human Rights Commission (AHRC) wishes to draw the attention of the Supreme Court (SC) of the Philippines to its recent decision on two well-known cases tried in the lower courts; the conviction in the Vizconde Massacre case was overturned while that of the Abadilla murder case was affirmed. Pitong, an electrician who since 1982, already knew the Webb family claimed he saw a laundry woman wash a bloodied T-shirt on the morning of the crime. Yes, but what can I do (?). [23] On November 26, 2010, Lauro Vizconde voiced his concern to media about the purported lobbying of Senior Associate Justice Antonio Carpio for the reversal of the guilty verdict. Another accused, Joey Filart also fled to the United States. [2] Lauro Vizconde, Estrellita's husband and the father of Carmela and Jennifer, was in the United States on business when the murders took place. ), Moreover, Judge Tolentino also denied Webb's request to subject semen samples to DNA testing on the belief that the samples may no longer be intact. In the Vizconde case, the SC does not accept conjecture as the basis of its decision. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. But the grieving father couldn't distinguish the truth from the lies. The 3 sets of suspects are: the Barroso Akyat-Bahay gang; the group of construction workers with engineer Danilo Agwas tagged as mastermind; SPO3 Angel Viaje, PO3 Rodolfo Colado, Ruben Pineda; and, the group of Hubert Webb. Let the love of God prevail. due to "overwhelming evidence that showed Webb and the other accused had conspired to rape Carmela and, in the process, kill her and the rest of the family." This has resulted in the revelation by the National Bureau of Investigation (NBI) that they no longer had the specimens as these were remanded to the Paraaque courts. Like Alejo, Herbas also at first instance identified Joel de Jesus as one of the gunmen during a police line-up but later withdraw his statement in open court. Herbas had testified for the defence instead of the prosecution when the Abadilla did not fulfil his promise to give him (Herbas) exactly the same salary he was receiving and when he was told that he would no longer be presented as witness because the testimony of Alejo would be sufficient. All rights are reserved. The court noted the inconsistency between Alfaro's testimony of Webb being Carmela's boyfriend, who had no reason in breaking the glass panel of the house's front door to enter the house; Alfaro said that Webb "picked up some stone and, out of the blue, hurled it at the glass-paneled front door". De Lima also said seven new witnesses claimed they saw Webb in the country during the months of April, May and June 1991. They cannot be the bases of conviction as they cannot substitute for the constitutional requirement of proof of guilt beyond reasonable doubt. This was a case that was solved nine years after the murders and then unsolved 10 years later. "[29], The court held that security guard Normal E. White, Jr.'s testimony was unreliable. [60] De Lima believed Dong Villadolid is the same person as Dong Ventura, one of the co-accused who fled to the US following the massacre. In open court, he already said there were six, not four assailants; that it was two other gunmen, not one of the four present close to the car who pointed the gun at him; and he was not nervous but rather had the opportunity to see the faces of all the assailants facing him all at the same time. June 14, 1993 - Vizconde Massacre solved; 'brains,' three others fall Police finish investigation of the Vizconde case with the arrest of the suspected mastermind and three other suspects,. But to Judge Amelita Tolentino of the Paranaque Regional Trial Court, the truth was the account of star witness Jessica Alfaro. By providing an email address. But Justice Conchita Carpio Morales, who concurred with the decision, wrote strongly against basing judgement on conjectures: Facts decide cases. [17], On January 6, 2000, Judge Tolentino rendered her decision, finding Hubert Webb, Peter Estrada, Hospicio Fernandez, Michael Gatchalian, Antonio Lejano II and Miguel Rodriguez guilty beyond reasonable doubt of the crime of rape with homicide. It is time to heal the past. Eleazar, a strict disciplinarian, is probably the only PNP chief who is loved and respected by the citizenry. The case of the Vizconde Massacre took another direction only after four years, when Jessica Alfaro surfaced and became the case's star witness. Nos. But her parents did not allow her to go. Am I dismayed by the decision of the (Supreme Court)? The court also amended the award of damages from 100,000 pesos to 200,000 pesos, and also upheld the conviction of Biong as accessory to the crime "by abusing his public functions to conceal and destroy the physical evidence in order to prevent the discovery of the crime and by allowing the destruction of the physical evidence, Biong facilitated the escape of the principal accused. On October 1, 1996, Judge Amelita Tolentino admitted only 10 of the 142 pieces of evidence the defense presented. The Vizconde murders remained unsolved for almost four years, until eyewitness Jessica Alfaro, a self-confessed former drug addict, came forward on April 28, 1995, to shed light on the massacre. Vizconde said his quest for justice was continuing despite the end of the prescription period for the prosecution of his familys killers. 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. Alfaro said Estrellita was killed before Webb began to rape Carmela. [2][20], The court ruled that the Paraaque RTC was correct in sentencing Webb et al. [54] He was laid to rest at Manila Memorial Park Sucat on February 17. I will kill you, brandishing a shiny revolver. By continuing to browse the site, you are agreeing to our use of cookies. Nephews had posted a banner declaring Truth prevails 20 years after and demanding Final justice for the Vizconde massacre victims, in apparent reference to government probers claims that, contrary to his alibi, released murder convict Hubert Webb never left the country. It was also not true that there was no showing that he (Alejo) was actuated by improper motive to testify falsely against the accused because the defence had since been challenging his credibility during the trial. True Crime. [19], The Court of Appeals' Third Division voted 32 to deny Webb's motion for reconsideration and upheld the ruling of Judge Tolentino on December 16, 2005. Needless to say, were unpopular with the PNP and other government agencies that citizens transact business with. [2][3] Estrellita Vizconde, 49, suffered thirteen stab wounds; Carmela Vizconde, 19, suffered seventeen stab wounds and had been raped before she was killed; and Anne Marie Jennifer, 6, had nineteen stab wounds. While washing Hubert Webb's clothing, Gaviola said she noticed fresh bloodstains on his shirt. At about 4 a.m. on June 30, 1991, Gaviola woke up and entered the bedrooms to get the Webb's dirty laundry and wash it as part of her job. Only minor cases, like oral defamation and quarrel between neighbors, are handled by the barangay. Person of interest in hazing case of Adamson student found dead, Jeepney phaseout: Its more than just new vehicles, Sandiganbayan convicts ex-Pagcor chair Genuino of graft, House energy committee chair Arroyo bats for cheap electricity, LIVE UPDATES: Face-to-face classes, work suspended as transport strike looms, vivo announces PHP 1,000 price drop on vivo V25e, Kickstart summer with vivos hot smartphone deals this 3.3, Over 24,000 hectares of coral reef at risk following Mindoro oil spill, Frat members planned to burn Adamson hazing victims body police | INQToday, Joey de Leon laughs off Eat Bulaga rebranding rumors; Tito Sotto meets up with show producer Tony Tuviera, LIST: LGUs, schools suspend face-to-face classes, work as transport strike looms, NBA: Devin Booker, Suns cruise past Bulls in second half. I did that hoping to make them have second thoughts about doing so,.There is no justice in the Philippines. The court also said that if Webb was in the U.S. when the crime was committed, the Alfaro's testimony would not hold together: "Without it, the evidence against the others must necessarily fall. [139] Against positive evidence, alibi becomes most unsatisfactory. As already mentioned, the SC concluded Alfaro to be not a credible witness because she did not meet these two criteria. [65] One team uncovered Black Maria, a woman whom one witness said had told him she was with Webb's group inside the Vizconde home and saw the crime take place. Alejos testimonies in open court were also not consistent to what he had said to the police investigators immediately after the murder. I got my style of writing when I was a reporter, news writer and newsreader on radio during the pre-martial law era, and as a deskman and feature writer of the Philippines News Agency (PNA). [56][62][63][64] Dang claimed to have heard Dong Villadolid shouting at the top of his voice, saying they had raped and killed a certain Maria (presumed to be Maria Carmela Vizconde) and other persons. Ho Man Tin, Kowloon Their original conviction was capital punishment but their sentence was modified to life imprisonment when the death penalty was abolished. When she could not produce the person, Sacaguing continued to press her saying that she might as well assume the role of her informant.. 24, Rule 134, R. Therefore, the SCs rejection of Villamaras opinion demonstrates a fundamental contradiction to its September 7 decision on the Abadilla case. The majority of the justices also rejected as conjecture the argument of one of the dissenting justices, Martin Villarama Jr., that it would not have been impossible during the interregnum for Webb to travel back to the country and again fly to the US several times considering that the travel time on board an airline from the Philippines to San Francisco, and from San Francisco to the Philippines takes only about twelve (12) to fourteen (14) hours. Youd be surprised who the people are behind the call for his extension; some of them are top politicians. The SC also held that it was possible for Alfaro to know the details about the Vizconde killings because she had prior access to the details that the investigators knew of the case. Webb's travel documents and other paper trail of his stay in the US are unreliable proof of his absence in the Philippines at the time of the commission of the crime charged. At the end of February, the Bureau of Fire Protection held a parade featuring some of its trucks and equipment as well as new regular personnel: women firefighters. Webb wanted Alfaro, the then-girlfriend of one of the accused men, Peter Estrada, to join them because Estrellita Vizconde only allowed her daughter to go out and entertain female visitors. The AHRC is deeply concerned by the contradiction in the application of jurisprudence by the SC in these cases, particularly its ruling on positive identification, the credibility of witness and its appreciation of forensic evidence. When the accused appealed the decision, the Court of Appeals (CA) affirmed the judgement of conviction by the RTC. Theyre projecting Digong as a feeble old man still seeking power. It defended the attack on Alejos credibility, for example, his inconsistencies on the number of gunmen, arguing that this had already been explained by Alejo during cross-examination by correcting his earlier statement and that the affidavits, being ex-parte, are almost always incomplete and often inaccurate, but do not really detract from the credibility of witnesses. Abadilla Case Petition for Review on Certiorario:http://campaigns.ahrchk.net/abadilla5/docs/A5-FinalAppealPetition.pdf Sources from the Department of Justice said Webb, who was acquitted by the Supreme Court last December, 2010, was in the country during and after the crime happened in . She admitted to knowing Webb and company but denied knowledge of the Vizconde massacre, NBI Death Investigation Division head Romulo Asis said. LIKE me to support Mr. Vizconde Includes gruesome real photos from the crime scene. [22], On October 8, 2010, Webb filed an urgent motion for acquittal. Guillermo Lorenzo Guilor Eleazar, recently appointed chief of the Philippine National Police (PNP), bows out on Nov. 13 this year when he reaches the mandatory retirement age of 56. 127262 Hubert Webb, et al. 121234 Hubert Webb et al. April 28, 1995 Jessica Alfaro presents herself as a witness and accuses Hubert Webb. 1. However, keep in mind not to be vindictive. Defence of Alibi: In Vizconde case not admissible, in Abadilla case court acted on conjectures. Ateneo law professor Alan Paguia: "The order of release is questionable as it appears to be undemocratic. [56] According to De Lima, all the new witnesses passed the polygraph test. Lorenzo delos Santos was acquitted due to lack of evidence, but the RTC, the CA and the SC ignored that fact that the same positive identification it invoked in convicting the Abadilla Five came from exactly the same testimonies that have been used to acquit Delos Santos. It was based on the rule of the minority and not the majority as they (the SC justices) had enunciated in Fortich v. On August 11, 1999, the Regional Trial Court of Quezon City acquitted two of them and convicted the five others, now collectively known as the Abadilla Five. [9] They were acquitted by a trial judge in September 1993 for insufficient evidence.[9]. Connections Followed by The Untold Story: Vizconde Massacre II - May the Lord Be with Us! Secondly, the SC affirmed the CAs assertion that Alejo was a credible witness ignoring the questions to his credibility by arguing that: positive and unequivocal declaration is sufficient to support a conviction for murder against appellants. By her account, after a drug session with the group, Webb allegedly had hatched his plan to rape Carmela Vizconde. Indeed, the testimony of a single witness, when positive and credible, is sufficient to support a conviction even for murder. Who does forget the heart-crushing 1991 Visconde massacre, with Jessica Alfaro standing as the star witness, whistle-blowing the details how these young men before, coming from our society's influential families, killed Mang Lauro's wife and his two daughters. The SCs decision in acquitting all the accused in the Vizconde case has fundamental contradictions to its earlier decision affirming the guilty verdict of the accused in the Abadilla case. [18], In her decision, Tolentino described the testimony of defense witnesses as full of inconsistencies and biased. Subscribe to INQUIRER PLUS to get access to The Philippine Daily Inquirer & other 70+ titles, share up to 5 gadgets, listen to the news, download as early as 4am & share articles on social media. Among the defense witnesses was Artemio Sacaguing, a former, now deceased NBI official who testified that Alfaro was an NBI asset who only volunteered to assume the role of the eyewitness when she could not produce the actual witness to the Vizconde killings. Kaya laban lang tayo. The Vizconde massacre made headlines in the Philippines in the '90s and started a trend in filmmaking. It was Alejo who had positively identified Joel and Lorenzo (delos Santos) during a police line-up. Carpio testified for the defense during the trial. Justo Cabanacan, the security supervisor of the gated community, said that he saw Webb enter the gated community, although he did not record Webb entering in his log book. Even if we were denied justice, I consoled them that at least people already know what really happened, he said. You are just a few clicks away from making De Lima said they could still go after Filart and Ventura, as well as the Villadolid brothers, since the prescriptive period of 20 years for homicide does not apply to them because they were abroad. Night of June 2930, 1991 Estrellita, Carmela and Jennifer Vizconde were killed in their Paraaque home; Carmela was found to have been raped. The 47-year-old Estrellita had 13 stab wounds. Hell never return to the Philippines, said the Thai tourist whose cash was filched by Manila airport security personnel. The Vizconde murder case, colloquially known as the Vizconde massacre, was the multiple homicide of members of the Vizconde family on June 30, 1991 at their residence at 80 Vinzons Street, BF Homes, Paraaque, Metro Manila, Philippines. But feeling uneasy, she decided to go up to the stockroom near Hubert's room to see what he was doing. Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. My program is the originalsumbungan ng bayan sa radyo(roughly, citizens complaint center on radio). It held that the acquittal of their co-accused does not necessarily benefit the appellants. Executive M/Sgt. The Jessica Alfaro Story in 1995 was meanwhile focused on the star witness, portrayed by Alice Dixson. "[29] In general, the court said that Alfaro's story "lacks sense or suffers from inherent inconsistencies. [citation needed] (The Philippine Rules of Evidence require official attestation of the authenticity of any public document presented in evidence; as per Sec. No acquittal has been made as to the two accused, Filart and Ventura, who remain at-large. Movie producers and directors rode the wave of public outcry by creating true-to-life films based on such heinous crimes. Rey and Jerry claimed they saw Webb playing basketball between the months of June and July 1991 during a league in BF Homes. The court considered the accused's "lack of interest in having such test done" in which they concluded that the state "cannot be deemed put on reasonable notice that it would be required to produce the semen specimen at some future time".[29]. Like Herbas, court records had also shown that Alejo has been receiving money and free accommodation from the Abadillas. She added that suspect Miguel Rodriguez warned her to "shut up or you're gonna get killed" in the same disco on April 8, 1995, prompting her to voluntarily submit herself to the National Bureau of Investigation (NBI) for protection. Remember that death is the ultimate equalizer. Democrito Barcenas, former Integrated Bar of the Philippines Cebu City president and regional coordinator of the Free Legal Assistance Group (FLAG): I think that most of the justices are right in their decision. Estrellita, Carmela and Jennifer Vizconde. No. It is said that being elected president is a gift from God. [2] Two of the accused remain fugitives from the law: Joey Filart and Artemio Ventura. Im still hoping for a miracle to happen. Both the SC and the CA affirmed the RTCs sentence of guilty verdict without applying the test on the credibility of a witness as they did in Vizconde case. 132577 People of the Philippines vs. Hubert Jeffrey P. Webb, 1999, G.R. Villarama noted that the alleged Passport, Passenger Manifest of United Airlines Flight and United Airline ticket of accused Webb offered in evidence were mere photocopies of an alleged original, which were never presented. No. Among those present were former Vice President Teofisto Guingona; Arsenio Boy Evangelista, father of carjack victim Venson Evangelista; Dacer-Corbito witness Cezar Mancao and his lawyer Ferdinand Topacio; and members of the Volunteers Against Crime and Corruption (VACC). TRUTH OUT, HEALING BEGINS. Originally, there were seven accused charged in this case. The SCs decision affirming the guilty verdict by the Regional Trial Court (RTC) of Quezon City on the Abadilla Five, the five men accused in the murder of police colonel Rolando Abadilla on June 13, 1996, is already the subject of a final appeal filed on October 8, 2010. a contribution to Human Rights work, Asian Human Rights Commission Besides the horror itself, the suspected perpetrators included high-society figures. No two persons have the same DNA fingerprint, with the exception of identical twins. Methinks one year would give Eleazar ample time impose his brand of discipline on one of the most undisciplined police forces in the world. Biong was released from jail on November 30, 2010, after serving his sentence. No. The lead suspect was Hubert Webb whose father, Freddie Webb was famous as an actor, former basketball player, and Paraaque congressman at the time of the murders. Alfaro, upon explaining on how the house was ransacked, (the Paraaque police had earlier blamed house robbers as suspects), said that Ventura was looking for the front-door key and the car key. [46], President Benigno Aquino III ordered the law enforcement agencies to re-investigate the case six months before the prescription period lapses. Seven justices based its decision on the following points: Webb, citing Brady v. Maryland, said "that he is entitled to outright acquittal on the ground of violation of his right to due process given the States failure to produce on order of the Court either by negligence or willful suppression the semen specimen taken from Carmela." When we die, that is when we will be given the whole truth May the Lord console you in all your afflictions, The priest said. After the Mass, VACC founding chair Dante Jimenez urged Congress to initiate impeachment proceedings against the seven Supreme Court justices who either voted to acquit Webb and coaccused or abstained from voting last December. Lauro Vizconde the husband of Estrellita and father of Carmela and Jennifer, was in the United State on business when the murders took place. One of the justices, Roberto Abad, who dissented the majority decision affirming the guilty verdict wrote: the public prosecutor chose instead to allow the Abadillas, who had an interest in Alejos testimony, to make him dependent on them for his livelihood at least for the duration of the trial of the case. Since I was introduced to The STAR readers in the front page, Ill hit the ground running. InAbadilla case: The SC admitted the positive identification of witness Freddie Alejo when it considered him a credible witness. She was the prosecutions worst possible choice for a witness. [13][14], Other prosecution witnesses were: Carlos J. Cristobal who alleged that on March 9, 1991, he was a passenger of United Airlines Flight No. Once again, the SCs applications of jurisprudence on the admissibility of forensic evidence in criminal trial have not been equally applied. The Vizconde murder case, colloquially known as the Vizconde massacre, was the multiple homicide of members of the Vizconde family on June 30, 1991 at their residence at 80 Vinzons Street, BF Homes, Paraaque, Metro Manila, Philippines.Estrellita Vizconde, 49, suffered thirteen stab wounds; Maria Carmela Vizconde, 19, suffered seventeen stab wounds and had been raped before she was killed . Justice Villarama argued that a photocopy of Webbs passport in court to support his alibi and the testimonies of witnesses, mostly his relatives and friends, could not be given merit, by cautioning his fellow justices that it can be gleaned from the fact that passports and plane tickets indicating dates of arrival and departure do not necessarily prove that the very same person actually took the flight and added that indeed, alibi cannot be sustained where it is not only without credible corroboration, but also where it does not, on its face, demonstrate the physical impossibility of the accuseds presence at the place and time of the commission of the crime. [58] George, a drug dealer, claimed he was introduced to Webb by former SPO1 Gerardo Biong sometime in April 1991 where the young Webb allegedly purchased from him 10grams of shabu worth P10,000. [47], On December 28, 2010, new witnesses have come forward accusing Hubert Webb and others of allegedly being behind the Vizconde massacre. Published July 4, 2011 7:24pm. People vs. Bello, G.R. She said that when she entered Hubert's room, she saw him wearing only his pants, awake and smoking in bed. 176389 / G.R. De Lima said it was possible that it was Black Maria who was in the Vizconde home and not Jessica Alfaro, the NBI's star witness during the trial. Credibility of a witness: In Vizconde case not credible, but credible in the Abadilla case. White, on the other hand, said he saw the three cars enter the subdivision on the night of June 29, as Alfaro had testified; White also testified that policeman Gerardo Biong was the first to arrive at the crime scene. Eighteen-year-old daughter Carmela was raped, and had 17 stab wounds. But, unlike the house robbers, however the court points out that "Webb and his friends did not have anything to do in a darkened garage. No. The details of how they were killed were grim. It cannot be coached or allured by a promise of reward or financial support. Estrellita, 47, had suffered thirteen stab wounds; Carmela, 18, had suffered seventeen stab wounds and had been raped before she was killed; and Jennifer, 7, had nineteen stab . It is that simple. The trial of the case having been long concluded, the requirements of the law may have been satisfied, but not the demands of justice. Alfaro said she was then having reservations when she first executed the first affidavit and held back vital information due to her natural reaction of mistrust. She said the US-based defense witnesses, most of whom are relatives or friends of the Webb family suffered from "incorrigible and selective memory syndrome". In the said stockroom, there is a small door going to Hubert's room and in that door there is a small opening where she used to see Hubert and his friends sniffing on something. Therefore, the applications of the SC on evaluating the defence of alibi of the accused have not been equally applied in these two cases. The case remained unsolved for almost four years until eyewitness, Jessica Alfaro Testified that Hubert Webb is the lead suspect and responsible of the crime committed. Secondly, in the Abadilla case the SC held that the defense of alibi is weak, but in the Vizconde case it held that not all denials and alibis should be regarded as fabricated. Six months is not enough for him to clean up the Aegean stable that is the PNP. The Supreme Court acquitted them on Dec. 14, 2010. As a host of the program that carries my surname, I and my all-female staff have handled complaints from citizens, concerning abusive or arrogant policemen and other government functionaries. On the acquittal of Lorenzo delos Santos, the accused whom Alejo had also positively identified, it ruled that his acquittal did not damage Alejos credibility; and his positive identification of the accused. On June 30, 1991, Estrellita Vizconde and her two daughters: Carmela and Jennifer, were found lifeless inside their home in Paraaque. He alleged that he could not forget Webb because Biong had allegedly threatened him, Do not cheat him. The SC identified the inconsistencies and the incredible facts in Alfaros testimony: her claim that Hubert Jeffrey Webb and Carmela Vizconde had a relationship; that Carmela had another lover whom she met just before Hubert came to her home and that she saw in open the five other accused taking turns in raping Carmela. [12] On July 24, 1997, the Supreme Court noted that Tolentino erred when she refused to admit the 132 pieces of evidence presented by the defense, although these were later admitted in court through an order issued by Tolentino.[12][16]. No. Police assets are often criminals themselves. She cited the testimony of Alex del Toro, husband of Webb's relative, who said he hired Hubert Webb as an employee at his pesticide company in California. The public and the media continue to watch as the years go by . Two of the accused have also been acquitted by the RTC on the basis of their defence of alibis. The court rejected his testimony because he was a disgruntled witness. He then hurled the little girl to a wall and started stabbing her. Webb's testimony was also contradicted by other US-based defense witnesses who said they usually saw him "going to the beach, malling, bar-hopping or playing basketball. Conjectures and suspicions are not facts, hence, they have no evidentiary value. The case was featured on a Philippine TV show Case Unclosed as its ninth episode, "Vizconde Massacre Case. I would not have ended up like this if you had not neglected me). 1. It was hard to tell which made up the truth and the lies. [8] If, on examination, the DNA of the subject specimen does not belong to Webb, then he did not rape Carmela. 187745. Firstly, like Alfaro, Alejo also received money and free accommodation from the persons who had interest in his testimony. Di naman ako puwede magtrabaho don (If that's the case, then I should have had a salary. [60], Although Webb's group can no longer be retried because of double jeopardy, De Lima said the purpose of the reinvestigation was to uncover the truth and bring closure to Lauro Vizconde.[65][66]. Lauro Vizconde on Thursday marks the 20th anniversary of the murders of his wife and two daughters at his residence in BF Homes, Paraaque City. The Vizconde Massacre was the multiple homicide of members of the Vizconde family on June 30, 1991 at their residence in BF Homes, Paraaque, Metro Manila, Philippines.

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