SC acquits Webb, 6 others in viszonde massacre

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.

The dispositive portion of said decision states ( http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/176389.htm )

"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.

Will the Court send the accused to spend the rest of their lives in prison on the testimony of an NBI asset who proposed to her handlers that she take the role of the witness to the Vizconde massacre that she could not produce?

WHEREFORE, the Court REVERSES and SETS ASIDE the Decision dated December 15, 2005 and Resolution dated January 26, 2007 of the Court of Appeals in CA-G.R. CR-H.C. 00336 and ACQUITS accused-appellants Hubert Jeffrey P. Webb, Antonio Lejano, Michael A. Gatchalian, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada and Gerardo Biong of the crimes of which they were charged for failure of the prosecution to prove their guilt beyond reasonable doubt. They are ordered immediately RELEASED from detention unless they are confined for another lawful cause.

Let a copy of this Decision be furnished the Director, Bureau of Corrections, Muntinlupa City for immediate implementation. The Director of the Bureau of Corrections is DIRECTED to report the action he has taken to this Court within five days from receipt of this Decision.

SO ORDERED." 

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 NBI. "There is another thing about a lying witness: her story lacks sense or suffers from inherent inconsistencies.  An understanding of the nature of things and the common behavior of people will help expose a lie.  And it has an abundant presence in this case."

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.