Webb wants NBI penalized for losing forensic evidence

MANILA, Philippines – Hubert Webb, one of the convicts in the Vizconde massacre case, wants the National Bureau of Investigation (NBI) penalized by the Supreme Court for losing a forensic evidence that he claimed would have been the key to his acquittal.

His lawyer Demetrio Custodio Jr. said they would file today with the High Court an urgent motion to cite the NBI in contempt for failure to submit the semen sample taken from the body of victim Carmela Vizconde for the DNA testing needed to prove that his client was not among those who raped her.

In a phone interview, Custodio told The STAR that their motion would not delay the release of the ruling of the High Court on the case since “it is a completely different matter.”

He also revealed that they would also file a separate motion seeking to discredit the credibility of star witness Jessica Alfaro, whose testimony was used by the Parañaque Regional Trial Court Branch 274 in convicting him and other accused in January 2000.

Custodio said this second pleading would have an effect on the merits of the main case, but believes that it would not delay the resolution of the case.

The SC was already supposed to release the ruling last Nov. 23, but it moved to defer the release upon request of some magistrates who asked for more time before they cast their votes.

Webb had earlier argued that the failure of the government to produce the specimen is tantamount to negligence or willful suppression that warrants his acquittal in rape-slay case.

He claimed that this missing evidence could prove that he did not rape Carmela – contrary to the findings of Parañaque RTC.

“The suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material to either guilt or punishment, irrespective of the good faith or bad faith of the prosecution,” Custodio explained.

The lawyer said the High Court has even agreed to the need to afford him “fullest extent of his constitutional right to due process” when it issued resolution dated April 20, 2010 granting his request for the DNA tests.

In that ruling, the SC has tapped the UP Natural Science and Research Institute (NSRI) to conduct the DNA analysis with the assistance of National Bureau of Investigation, which has the custody of the specimen.

It ordered the camp of Webb to shoulder the expenses for the test and also to strictly observe the confidentiality of results.

It explained that results of the test would be used in the “assessment of probative value of DNA evidence and reliability of DNA testing methodology in accordance to Sections 7 and 8 of the Rule (on DNA Evidence).”

“Upon completion of DNA testing procedure and submission of the findings of UP-NSRI forensic experts, the latter are hereby directed to immediately transmit to this Court their official and final report, which shall also contain a concise discussion of the methodology used and other relevant data,” the Court explained then.

The SC, however, clarified that the favorable results of forensic examination of evidence to Webb would not automatically result to his acquittal.

Last Oct. 19, however, the Court set aside its earlier resolution upon appeal of the government. It dropped the DNA tests simply because the necessary samples could no longer be found.

The NBI claimed that the specimen, along with all documents, were already submitted to the Parañaque RTC Branch 274 that tried the case.

The RTC, on the other hand, reported to the Court that it did not receive the forensic evidence based on its records. The transcript of stenographic notes showed that what were marked as evidence during trial were only photographs of the three slides of the semen specimen – not the actual ones.