Hubert Webb asks SC for acquittal, release from prison

Hubert Webb, who was among those convicted in the highly-celebrated Vizconde massacre case, has asked the Supreme Court to acquit him and order his immediate release from the New Bilibid Prison. In a 28-page motion submitted on Thursday, Webb, through his lawyers, said his constitutional right to due process was violated because of the National Bureau of Investigation's failure to produce the DNA sample that could be instrumental in determining who was responsible for the gruesome members of the Vizconde family in 1991. Webb allegedly raped Carmela Vizconde before she was killed in her family's Parañaque home. Her mother, Estrellita, and sister, Jennifer, were also killed. Webb was among the nine people convicted by Paranaque Regional Trial Court Branch 274 Presiding Judge Amelita Tolentino in October 2000 for the killings. The Court of Appeals upheld the conviction in December 2005. Webb then elevated the case to the Supreme Court and asked that a DNA analysis be conducted on a semen sample or vaginal smears taken from the body of victim Carmela Vizconde. In April this year, the court granted Webb's request and directed the NBI to produce the semen specimen or vaginal smears taken from Carmela's body and conduct a DNA analysis. The NBI said the specimen is no longer with it because it was submitted to the Parañaque RTC when the case was still on trial. However, records of the trial court showed that what the NBI submitted were photos of the samples instead. Thus, last Oct. 19, 2010, the Supreme Court said it will no longer require the conduct of a DNA analysis because the NBI can no longer produce the specimen. It also said the case is already ready for resolution.

For his part, Lauro Vizconde, husband and father of the victims, said he is elated by the court's decision to set aside its earlier order for a DNA test. "They (Supreme Court justices) just did the right thing after denying Webb's motion for the DNA examination," Lauro said in an interview on GMA News' Unang Balita. Webb's arguments But in his motion filed on Thursday, Webb criticized the NBI for its alleged negligence or willful suppresion. "The State’s failure to produce the semen sample for DNA analysis — whether it be through negligence or willful suppression — denied appellant Webb his constitutional right to due process of law," said the motion. He also criticized the Parañaque lower court, which denied his motion for a DNA test when the case was still on trial 13 years ago. "He requested the trial court to order a DNA analysis, the result of which could have excluded him as the source of the semen from Carmela’s body. In disallowing the DNA examination, the trial court denied him the singular piece of evidence that could have definitively established his innocence," said the motion. Webb likewise said the court should not have admitted the testimony of Jessica Alfaro, who claimed it was Webb who raped Carmela. Webb said Alfaro is supposedly a tainted witness. Based on these arguments, Webb said, the Supreme Court should then reverse his conviction and order his release from the New Bilibid Prison in Muntinlupa City. — RSJ/KBK, GMANews.TV