Webb camp wants NBI personnel cited in contempt

(Updated 2:52 a.m. Dec. 3) The lawyers for convict Hubert Webb have asked the Supreme Court to cite in contempt at least 10 National Bureau of Investigation (NBI) personnel for allegedly “willfully" losing a piece of evidence that could prove his innocence in the Vizconde massacre case. In a 60-page petition filed Thursday, counsels for Webb, son of former Senator Freddie Webb, also scored the NBI for having presented “bogus" eyewitness Jessica Alfaro as the lead witness to the murders of Estrellita Vizconde and her daughters Carmela and Jennifer in June 1991. Named respondents were:

• NBI Director Magtanggol Gatdula,
• Former NBI director Nestor Mantaring,
• Former NBI director Carlos Caabay,
• Dr. Renato Bautista,
• Dr. Prospero Cabanayan,
• Lawyer Floresto Arizala,
• Lawyer Reynaldo Esmeralda,
• Lawyer Arturo Figueras,
• Lawyer Pedro Rivera, and
• Lawyer John Herra.

In January 2000, the Paranaque Regional Trial Court Branch 274 convicted Webb and eight others for the killings, with Webb and five others sentenced to life imprisonment. The Court of Appeals affirmed the lower court’s ruling, prompting Webb to bring his case to the Supreme Court. In April this year, the Supreme Court granted Webb’s request for a DNA analysis and directed the NBI to produce the semen specimen found in Carmela Vizconde’s body, who was allegedly raped before her murder. But the NBI said it no longer had the specimen, which was submitted to the Parañaque RTC at the trial stage. However, records of the trial court showed that the NBI had submitted only photos of the DNA samples and not the specimen. Last October 19, the Supreme Court dispensed with the conduct of a DNA analysis because the NBI could no longer produce the specimen, and declared the case ready for resolution. Missing specimen But the Webb camp accused the NBI of willfully suppressing the evidence, saying that in 1997, NBI doctor Renato Bautista certified that the NBI still had custody of the semen specimen. He said Bautista’s certification disputes the bureau’s claim that Cabanayan left the specimen with the Paranaque court in 1996. “For the NBI to say now that the semen specimen, which was entrusted to their custody, is not with them anymore, is but the latest in a string of concerted acts of the NBI to pin the blame for the Vizconde massacre on petitioner [Webb] and his co-accused," said the petition. Jessica Alfaro Webb likewise questioned the NBI for presenting Alfaro as its star witness even as she supposedly did not have direct knowledge of how the Vizconde massacre was carried out. "Alfaro was a bogus eyewitness and the NBI knew this," said the petition. Webb said NBI Anti-Kidnapping, Hijacking, and Robbery Group head Artemio Sacaguing testified that Alfaro had informed him that she knew somebody who witnessed the Vizconde killings. “When Alfaro was unable to produce this alleged eyewitness, she volunteered herself to act out the role of an eyewitness and told Atty. Sacaguing, ‘Sir, papapelan ko yan, papapelan ko na lang yan (Sir, I will just play the role),’" said the petition. Alfaro stands by testimony In a report by GMA News’ Sandra Aguinaldo on “24 Oras", however, Alfaro maintained her testimony remains as the strongest evidence against Webb, since she is an eyewitness. "Malakas ang ebidensya laban kay Hubert dahil eyewitness ako," Alfaro told Lauro Vizconde, Estrellita’s husband, in a text message. (The evidence against Hubert is strong because I'm an eyewitness.)
Alfaro was then the girlfriend of Peter Estrada, one of the convicts. She testified that she was part of Webb’s group when they went to the Vizconde family’s house when the massacre happened. "Nagtestigo din si Mila Gaviola, ang maid nila Webb na nilabhan niya ang duguan na T-shirt ni Hubert ‘nung umaga pagkatapos ng massacre," Alfaro's message further read. (The Webbs' maid also testified that she washed Hubert's blood-stained T-shirt that morning after the massacre.) "May dalawa pang security guard ng subdivision na nagtestigo na si Hubert ay nakita nila ng gabi ng massacre papasok sa entrance gate ng subdivision," it added. (Two security guards also testified that they saw Hubert entering the subdivision's entrance gate on the night of the massacre.) Lauro said other witnesses supported the testimonies of Alfaro and the others. "Credible statement ‘yan ‘pagkat naipaliwanag nila sa korte [That's a credible statement because they explained it during the trial]," he said citing the testimony of another witness who claimed that she served juice to Hubert and his other companions the morning after the crime. ‘Ample’ papers supporting Webb alibi Webb’s camp, on the other hand, presented a video footage, his passport, and two certifications from the US Immigration and Naturalization Service, showing that Webb entered the United States on March 9, 1991 and left on October 26, 1992 The massacre happened on June 29, 1991. Webb’s lawyer said they likewise presented 40 witnesses to support his client’s plea. "There's even a document from Mr. [Robert] Hefner of the FBI [Federal Bureau of Investigation] detailing the particular times that Hubert Webb had transactions in the US, pati ‘yung mga resibo, may pictures, meron pang driver's license [complete with receipts, pictures, and there's even a driver's license]," said lawyer Demetrio Custodio in the same report. The Court of Appeals, however, upheld in 1997 the conviction of Webb and eight others. "As far as evidentiary weight is concerned, positive identification prevails," the court said. Majority of the defense witnesses were unable to categorically state that Webb was indeed in the US on the day of the massacre, it added. "Sa ating batas, totoo na [In our law, it's true that] alibi is the weakest defense. Kaya nga ang alibi ni [That's why the alibi of] Hubert Webb is amply supported by official certifications," Demetrio explained. - With Jerrie M. Abella/KBK/JV/MRT, GMANews.TV