De Lima ready to face Webb camp's disbarment raps

A day after she received a mouthful of criticisms from the camp of acquitted murder suspect Hubert Webb, Justice Secretary Leila de Lima on Thursday said she will confront the looming disbarment charges to be filed against her. In an emailed statement from Germany, De Lima said she acknowledges the Webb family's right to seek her disbarment in connection with the announcement of the results of the reinvestigation of the June 1991 Vizconde massacre. "I will face any contempt or disbarment case that will be brought against me arising from the reinvestigation of the Vizconde massacre. "I will take said cases as an opportunity to defend the reinvestigation and to clarify its objectives as a legitimate exercise to uncover the truth and bring to justice any other individuals who may have been responsible for the Vizconde massacre, but who are yet to be brought under the jurisdiction of the criminal justice system," De Lima said. De Lima, however, cried foul on the allegations that she was electioneering and subverting the rule of law by supposedly putting herself above the Supreme Court's decision to acquit Webb and his six other co-accused. "The charges of electioneering and subversion of law thrown at me by the lawyers of the Webb family... are unfair and uncalled for. While it is within the Webb family's right to file whatever contempt or disbarment case against me, the charges of electioneering and subversion of hte law are a different matter," said De Lima. In Malacañang, President Benigno III said De Lima still has his full trust and confidence in the face of the controversy. "Yes," came the President’s reply when asked if he supports De Lima. "What is her function? To serve the end of agencies and that is where the evidence is pointing. And let’s not forget that kapag wala sa territory natin iyong accused, hindi tumatakbo iyong prescription period," he said. On the Webb's family's threat of filing disbarment charges against De Lima, Aquino said: "Democracy in place, we are supposed to be governed by the rules of law. If the aggrieved party thinks that there is basis, then they can file appropriate charges in appropriate fora." Acquittal and double jeopardy De Lima headed the government's task force that conducted a reinvestigation of the Vizconde massacre. Last Tuesday, De Lima said that in the course of the probe, new witnesses have come out to testify that Webb was in the Philippines when Estrellita, Carmela, and Jennifer Vizconde were killed on June 30, 1991, exactly two decades ago. De Lima said the new witnesses' claims "shatter" Webb's defense of alibi that he was in the United States at the time of the killings. De Lima, however, said the government can no longer file charges against Webb and his six other accused because they have already been acquitted by the high court. To file murder charges against the seven men over the Vizconde killings would subject them to double jeopardy. The Supreme Court, in its Dec. 14, 2010 decision acquitting Webb, lent credence to Webb's defense instead of the positive testimony by so-called star witness Jessica Alfaro, who was found to be "incredible" and "unreliable" by the high court. De Lima's pronouncements did not sit well with Webb's family and lawyers. On Wednesday, Webb's counsel Luis Agcaoili said De Lima is guilty of contempt for contradicting the Supreme Court ruling. "We accuse De Lima of subversion of the rule of law. What she has done is not only actionable in terms of a citation for contempt by the SC but upright disbarment," Agcaoili said. But in her statement, De Lima said she is aware that Webb and his six other co-accused can no longer be charged in court for the same offense. "We can assure the Webb family and the families of those acquitted by the Supreme Court that any resolution on the reinvestigation will definitely not disregard the Supreme Court decision and the rule on double jeopardy. "We are still lawyers, after all, and we are still bound by the rule of law. And the law says that no person shall be put twice in jeopardy of punishment for the same offense," she said. De Lima defends purpose of reinvestigation In her statement, De Lima addressed the lawyer's strongly-worded statement. The embattled Justice chief said the SC's acquittal of Webb and his six other co-accused, as well as the rule on double jeopardy, do not prevent the government from pursuing other leads in the Vizconde massacre. "Both these reasons, the ruling of the Supreme Court and double jeopardy, are not a license for the Webb family to prevent a review of the evidence in the case of Hubert Webb, et al. for purposes of searching for the truth and identifying other suspects not yet brought to justice and whose prosecution is not yet barred either by prescription or double jeopardy," De Lima said. A prescriptive period sets the limit for filing charges from the time that the crime occurred. In the case of the Vizconde massacre, the government has until June 30, 2011 to file new charges because crimes like murder carry a prescriptive period of 20 years. In last Tuesday's press conference, De Lima said the prescriptive period does not apply to two possible suspects, Bing and Dong Villadolid, because the brothers are abroad and thus, the period is stalled. De Lima added that the rule on double jeopardy does not apply to Artemio Ventura and Joey Filart, Webb's co-accused who remain at large and who have not yet been arraigned and prosecuted yet. "Double jeopardy does not apply to them. And if ensuring their successful prosecution means revisiting the evidence precisely to avoid drawbacks which resulted to the Supreme Court acquittal, those acquitted cannot prevent such review and reinvestigation by invoking double jeopardy to benefit those yet to be prosecuted," De Lima said. She likewise urged Webb's lawyers "not to further fan the flames of their [Webb family's] anger and frustration. "I understand the emotional response of the Webb family to the results of the DOJ reinvestigation. The life of their family has singularly revolved around this criminal case. But that is also why counsels are hired, to temper the emotions of those who feel aggrieved, and not to further fan the flames of their anger and frustration, whether justified or not," said De Lima. "I call on the Webb family's counsels to be more circumspect in their statements, as I will, with all candor, face any case that they find appropriate to file against me. But, as to their chages and subversion of law, I humbly ask them to refrain from further imputing bad faith and ulterior motives to any of us involved in the reinvestigation...," she added. — with Amita Legaspi/RSJ, GMA News