SC nixes Vizconde's 2nd appeal, says Webb's acquittal is final

Saying its acquittal of the suspects in the 1991 Vizconde massacre is already final, the Supreme Court has denied Lauro Vizconde's second attempt to have the high court's ruling reversed. In a resolution issued last Tuesday (Feb. 15), the court en banc (full court) said Vizconde's second motion for reconsideration is a "prohibited pleading" under Section 2, Rule 52 of the Rules of Civil Procedure. The SC also denied Vizconde's motion seeking the inhibition of Associate Justices Roberto Abad and Conchita Carpio-Morales. The high tribunal added that Vizconde's motion for inhibition is junked "in view of the finality" of its Dec. 14, 2010 decision that acquitted Hubert Webb, son of former Sen. Freddie Webb, and six of his co-accused. GMA News Online is still trying to contact Vizconde as of posting time. Vizconde had wanted Abad and Carpio-Morales to inhibit themselves from the case's deliberations because of their ties with Associate Justice Antonio Carpio, whom Vizconde accused of lobbying for Webb's acquittal. Carpio had once testified in favor of Webb when the massacre case was still on trial at the Paranaque Regional Trial Court Branch 274. Carpio, who was still in private practice back then, testified that Webb was in the United States when Vizconde's wife and two daughters were killed in June 1991. Carpio is among the four SC justices who inhibited from the case. Contempt threat vs Vizconde, lawyer The SC's resolution last Feb. 15 also contained its strong admonition of Vizconde and his lawyer, Ferdinand Topacio, for their allegations against Carpio. They also claimed that the votes of the SC justices had been bought in exchange for Webb's acquittal. The court had already ordered Vizconde and Topacio to substantiate their claims, but they refused to identify who their sources were. Last Feb. 15, the high court then admonished Vizconde for making such claims. "Mr. Vizconde's statements to the media are extremely serious. He accuses the Court of being crooked and corrupt. Yet, when called to substantiate his accusations, all he can say is that it would not be proper 'at this time' to reveal to the Court the identities of his unimpeachable informants," said the SC. "Mr. Vizconde is being unfair to the Court whom he charges with acquitting Webb and the others for money. There is no better time for him to present proof of his accusations than today...Putting off a fight is the excuse of cowards or those who have nothing to show and refuse to admit they had been wrong," it added. The Supreme Court likewise castigated Topacio for supposedly allowing Vizconde to release "his damning statements, which they were not prepared to substantiate." "As an officer of the Court, Atty. Topacio had a bounden duty to uphold its dignity and authority, not promote distrust in its administration of justice. He ought not to unnecessarily destroy the people's high esteem and regard for the courts," said the SC. The court then gave Topacio 10 days to explain why he should not be cited in contempt for telling the Philippine Daily Inquirer that three members of the judiciary were privy to Carpio's alleged efforts to lobby for Webb's acquittal. Dante Jimenez cited in contempt, fined P100,000 Also in the SC's Feb. 15 resolution, the court cited in contempt former Volunteers Against Crime and Corruption (VACC) chairman Dante Jimenez for his utterances immediately after Webb's acquittal was announced. "[The Court] finds Dante Jimenez guilty of contempt of court for badmouthing members of the Court and imposes on him the penalty of P100,000," the SC said. Last Dec. 14, Jimenez, Vizconde's sympathizer, held a press conference and hurled tirades against SC justices using thinly-veiled obscene language. "Kayo mga justices, mga PI kayo! Pinatay ninyo ang criminal justice system," Jimenez had shouted angrily in front of media. (You justices, you SOBs! You killed the criminal justice system.) The Supreme Court said Vizconde behaved even better than Jimenez when they learned Webb and the six others had been acquitted. "Parenthetically, Mr. Vizconde behaved better than Mr. Jimenez. Mr. Vizconde did not express his anger like a slut," said the high court. Rule 71 of the Rules of Civil Procedure gives courts the power to cite in direct or indirect contempt people or parties to a case. Section 3 (d) of the rule states that "any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice" constitutes indirect contempt. — RSJ, GMA News