SC okays Webb DNA test to see if it fits Vizconde rape sample

(Updated 11:15 a.m.) Veering away from its own rules, the Supreme Court (SC) has unanimously approved the petition of convicted rapist Hubert Webb to have the semen found on rape victim Carmela Vizconde examined to see if it matches his own or not. In a resolution released on Friday, the SC granted Webb’s request—made more than 10 years ago in 1997—as an exemption to its own rule not to address questions of factual evidence that were presented during the trial in lower courts. The SC has tapped the service the University of the Philippines’ Natural Science and Research Institute (UP-NSRI) to conduct the test. It will be assisted by the National Bureau of Investigation (NBI), which has custody of the specimen.
The SC resolution acknowledged that under its rules, the case should have been referred to the trial court for the reception of the DNA evidence. "However, in view of the circumstances of this case and to prevent any further delay in the resolution of the issue of identity of the source of human spermatozoa extracted from the deceased Carmela Vizconde, this Court, hereby resolves to immediately direct the parties to avail of the services of the UP–NSRI in coordination with the NBI," the court decision said. Court administrator and SC spokesman Midas Marquez explained that the court "made an exemption to the general rule" as DNA result would be crucial to high tribunal's ongoing review of the massacre case. "The court made an exemption to the general rule in determining the innocence of the accused because we want to be sure in deciding the case," he told GMANews.TV in a separate phone interview. "The court can always relax its own rules in the higher interest of justice," he added. In its decision, the SC said the result the DNA would be used in the “assessment of probative value of DNA evidence and reliability of DNA testing methodology in accordance to sections 7 and 8 of the Rule (on DNA Evidence)." “Allowing Webb to utilize the latest available DNA technology does not automatically guarantee an exculpatory DNA evidence, but simply to afford appellant Webb the fullest extent of his constitutional right to due process," it added. “Upon completion of DNA testing procedure and submission of the findings of UP-NSRI forensic experts, the latter are hereby directed to immediately transmit to this Court their official and final report, which shall also contain a concise discussion of the methodology used and other relevant data," the Court said. The expenses would have to be shouldered by the Webb family. The NBI and UP-NSRI are given 15 days to come up with a report.
'Vital' Marquez said the result of the DNA test will be the strongest argument that the magistrates will consider in resolving the Vizconde massacre. He explained that the justice have ready resolved most of the arguments raised regarding the case and the only remaining issue for them to discuss is the forensic evidence. Meanwhile, Lauro Vizconde, the victim's father, raised fears that the court is paving the way for Webb's acquittal. "It's possible. Biro mo, 20 years na yung kaso bago nila inapprove ito, bakit hindi ko masasabi yon? (Imagine, it took the case 20 years before they approve this, why wouldn’t make that conclusion?)" he told GMANews.TV in a phone interview. Vizconde dismissed the court's "excuse" as "delaying tactics" and called on them to make a ruling. "Kung i-a-acquit nila, acquit na nila, hindi yung dine-delay pa nila (If they are going to acquit him, then they should just go ahead, instead of making all these delays)." He also said that he found it "dubious" why the court allowed Webb's petition when SC's task was "just to review the records of the case." He also said that he has proposed to subject Webb's semen to DNA testing during the trial in the 1990's but Webb refused. "Sabi nila against them at hindi sila pwede pilitin. Bakit ngayon bigla pwede na (They were against it then, and they cannot be compelled. Why now, suddenly, they allow it)?" Dante Jimenez of the Volunteers Against Crime and Corruption (VACC) - of which Lauro became a member after Webb's conviction - expressed worries that some evidence might have already lost their integrity over time. "Baka may evidence na ma-manipulate. How sure are we that the evidence are secured," Jimenez told GMANews.TV in a separate interview. Jimenez suspected that Associate Justice Antonio Carpio might have had a hand in Friday's "mysterious decision." "We think he [Carpio] is involved in this kind of manipulation," Jimenez said, adding that the magistrate could be wanting to redeem his credibility regarding the case. Carpio had taken the witness stand during the Vizconde massacre trial, wherein he claimed speaking over the phone to Hubert's father Freddie Webb on June 29, 1991, or a day before the killings. Carpio said Freddie told him his son was with him in the US at that time. However, Parañaque Regional Trial Court Judge Amelita Tolentino would later rule in favor of the Vizcondes and sentence Webb to life imprisonment. Tolentino's ruling was later even affirmed by the Court of Appeals. Jimenez said that revisiting the case would not only open up a possible reversal of the ruling, but also take a fresh toll on Lauro. "The bodies will have to be exhumed [for the re-examination]. And this will just bring back pain and memories for Lauro. This will be bad for him. He's getting depressed," Jimenez said. —Aie Balagtas See and Mark D. Merueñas/JV, GMANews.TV