SC acquits Webb, 6 others in Vizconde massacre

MANILA, Philippines – Hubert Webb and six others convicted for the highly publicized Vizconde massacre almost two decades ago walked off the national penitentiary as free men after the Supreme Court acquitted them based primarily on inconsistent testimonies of state witness Jessica Alfaro during trial.

Voting 7-4, the High Court ruled that the Paranaque regional trial court erred when it handing down in Jan. 2000 the guilty verdict on Webb, Hospicio "Pyke" Fernandez, Antonio "Tony Boy" Lejano, Michael Gatchalian, Peter Estrada, Miguel "Ging" Rodriguez and Gerardo Biong for the crime of rape with homicide.

The High Court overturned the verdict of Paranaque RTC Branch 274 Judge and now CA Justice Amelita Tolentino, which was upheld by the Court of Appeals on Dec. 15, 2005 and had sentenced the primary accused to life imprisonment.

Biong, who was convicted as accessory for destroying evidence, was released last month after serving his sentence of 12 years.

“There is no more motion for reconsideration can be filed. That would be tantamount to double jeopardy,² Court Administrator and SC spokesman Jose Midas Marquez told a press conference, citing a rule in criminal procedures prohibiting a second prosecution against the same person under the same offense after acquittal or conviction by court.

But Marquez stressed that declaring the guilt was not proven beyond reasonable doubt is not tantamount to establishing innocence of the accused.

The 38-page decision penned by Associate Justice Roberto Abad cited "reasonable and lingering doubt on the guilt of the accused" and "failure of prosecution to establish the guilt beyond reasonable doubt."

"In our criminal justice system, what is important is, not whether the court entertains doubts about the innocence of the accused since an open mind is willing to explore all possibilities, but whether it entertains a reasonable, lingering doubt as to his guilt. For, it would be a serious mistake to send an innocent man to jail where such kind of doubt hangs on to one's inner being, like a piece of meat lodged immovable between teeth," the SC stressed.

Six magistrates concurred in the ruling: Associate Justices Conchita Carpio-Morales, Diosdado Peralta, Lucas Bersamin, Jose Perez, Jose Mendoza and Ma. Lourdes Sereno.

The Court used as basis for its conclusion "inherent inconsistencies" in the testimony of Alfaro, saying she was just an asset of the National Bureau of

The four other magistrates inhibited from the case - Senior Associate Justice Antonio Carpio and Associate Justices Mariano del Castillo, Presbitero Velasco Jr. and Antonio Eduardo Nachura - due to either earlierinvolvement in the case or relation to either of the parties.

Carpio had testified during trial for Webb while Nachura had handled the case earlier when he was still solicitor general. Del Castillo opted not to take part in the voting since his wife had served as lawyer for one of the accused while Velasco is related to one of the parties in the case, according to Marquez. 

Mix reaction on the decision of Vizconde massacre case

Lauro Vizconde today broke down as he mourned the decision of the Supreme Court to acquit the convicted murderers of his wife Estrelita, and daughters Carmela and Jennifer.

While wailing, he reiterated his belief that money had hand in the acquittal. He also dared members of the High Court to help him look for the real killers "if the really believe" that Hubert and his co-accused are innocent.

"There is no justice in this country," said Vizonde.

For his part, an angry Dante Jimenez, president of the Victims Against Crime and Corruption, mocked the decision of the Supreme Court as the "second death" of the slain Vizcondes.

Emotions were likwise high in the New Bilibid Prisons in Muntrinlupa City, where the the Webbs and the families of other accused gathered to celebrate the acquittal.

Hubert said he was "very happy" that the truth finally came out after 15 years of incarceration.

He also denied that their family money was involved in his release.

"I've been here for 15 years. If that's is true why will be jailed for that long," Hubert said.

Webb and the other co-accused was released from the New Bilibid Prison around 4pm today after the release papers were delivered by Sandy Marquez of the Office of the Assistant Director of the Supreme Court. -- with reports from Aie Balagtas See and Dennis Carcamo

SC decision in Vizconde massacre case