Supreme Court orders DNA testing in Vizconde slay case

MANILA, Philippines - The Supreme Court (SC) ordered yesterday the reopening of the 19-year-old Vizconde massacre case and granted the request of convicted killer Hubert Webb for the forensic examination of evidence.

The Webb family were elated over the High Court’s decision.

In a resolution unanimously approved by the justices during their summer session in Baguio City, the SC granted Webb’s request for the DNA testing of the semen specimen taken from the body of rape-slay victim Carmela Vizconde.

The Court has tapped the University of the Philippines Natural Science and Research Institute (NSRI) to conduct the test with the assistance of the National Bureau of Investigation (NBI) that has maintained custody of the specimen.

Court records showed that the crime was committed on the night of June 29, 1991. Carmela’s mother Estrellita and younger sister Jennifer were also killed.

Then Parañaque Regional Trial Court judge and now Court of Appeals Justice Amelita Tolentino convicted Webb, son of former Sen. Freddie Webb, and his co-accused Antonio “Tony Boy” Lejano, Michael Gatchalian, Hospicio “Pyke” Fernandez, Peter Estrada and Miguel “Ging” Rodriguez in January 2000 and sentenced them to life imprisonment for the charges of rape with homicide.

An accessory, Gerardo Biong was also sentenced to imprisonment of 12 years.

The trial court gave credence to the testimony of eyewitness Jessica Alfaro.

The CA affirmed the conviction on Dec. 15, 2005 through a division then composed of Associate Justices Rodrigo Cosico, Regalado Maambong and Lucenito Tagle.

The case is now under review by the SC through petition for review filed by Webb seeking reversal of their conviction.

The SC ordered the camp of Webb to shoulder the expenses for the DNA 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).”

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

“Allowing Webb to utilize the latest available DNA technology does not automatically guarantee exculpatory DNA evidence, but simply to afford appellant Webb the fullest extent of his constitutional right to due process,” it stressed.

SC spokesman Midas Marquez explained that the results would be vital in the ongoing review of the Court of the decisions of the Parañaque RTC Branch 274 in 1997 and Court of Appeals in 2005 convicting Webb and his co-accused.

“These results will aid in the resolution of the Court of the pending appeal on the conviction. After this the Court will decide on the case already,” he told reporters in a press conference.

Marquez revealed that the justices have already resolved most of the arguments submitted in the petition for review of the appellants. He said forensic examination of evidence is the only remaining issue left for them to discuss.

In granting the request, the Court made this case an exception to its own rule not to touch on factual evidence presented during trial in lower courts, citing “higher interest of justice” as reason.

“The ordinary procedure under the Rule is to remand this case to the trial court for reception of DNA evidence. However, in view of the circumstances of this case and to prevent any further delay in the resolution of the issue of identity of the source of human spermatozoa extracted from the deceased Carmela Vizconde, this Court hereby resolves to immediately direct the parties to avail of the services of the UP NSRI in coordination with the NBI,” the SC resolution stated.

Former senator Webb expressed elation over the SC decision on his son’s quest for justice over the last 15 years since he started serving his sentence.

“We’re very, very ecstatic about this. Finally, after 15 years, we’re very grateful to the Supreme Court for acting on this request we asked the court,” Webb told The STAR.

Webb pointed out that the DNA test would bolster his son’s innocence and proved that he never raped or killed Carmela Vizconde and her sister and mother.     – With Marichu Villanueva