Vizconde once again appeals SC acquittal of Webb, 6 others

(Updated 5 p.m.) Lauro Vizconde on Monday filed a second motion for reconsideration appealing the Supreme Court's acquittal of Hubert Webb and the six other men previously convicted for the killing of Vizconde's family almost two decades ago. Vizconde had already appealed the high court's Dec. 14 acquittal of Webb and six of his co-accused. But last Jan. 18, the SC dismissed Vizconde's first motion for reconsideration. Vizconde filed the second motion for reconsideration even if Section 5, Rule 37 of the Rules of Court prevents a litigant from appealing a ruling for the second time. "No party shall be allowed a second motion for reconsideration of a judgment or final order," the rule states. Section 3, Rule 5 of the Internal Rules of Court, however, says that a second motion for reconsideration may still be admitted "in the higher interest of justice." The rule says that the second appeal may be granted upon a vote of at least two-thirds of the court en banc (full court), or 10 of the 15 justices. "There is reconsideration 'in the higher interest of justice' when the assailed decision is not only legally erroneous, but is likewise patently unjust and potentially capable of causing unwarranted and irremediable injury or damage to the parties," the rule adds. Vizconde's second appeal In his 19-page second motion for reconsideration, Vizconde asked the court to recall its Jan. 18 resolution and to reconsider its Dec. 14 decision. He added that "in the higher interest of justice, the SC should take another look at its decision to acquit Webb because of the supposed impropriety of two SC justices: Roberto Abad and Conchita Carpio-Morales. As of posting time, GMA News Online has tried but failed to get the comment of SC spokesman and administrator Jose Midas Marquez on the matter. Vizconde said Abad and Carpio-Morales should inhibit because of their links to Associate Justice Antonio Carpio, who once testified in favor of Webb when the massacre case was still on trial at the Paranaque Regional Trial Court Branch 274. Back then, Carpio was still in private practice. Abad penned the decision acquitting Webb, which was concurred in by six other justices, including Carpio-Morales. Vizconde said Abad's son-in-law, Mark Hadrian Gamo, works for the Villaraza Cruz Marcelo and Angcangco law firm, which Carpio used to be part of. Carpio-Morales, for her part, is Carpio's cousin. "Such an association cannot be altogether ignored. At a time when the people's confidence in our judicial system constantly wavers, our courts of justice are confronted with the responsibility, nay, obligation to avert the further weakening of the nation's trust," said Vizconde. "No judge should handle a case in which he might be perceived, rightly or wrongly, to be susceptible to bias and partiality. His judgment must not be tainted by even the slightest suspicion or improbity or preconceived interest. This rule is aimed at preserving at all times the faith and confidence in courts of justice by any party to the litigation," he added. — RSJ, GMA News