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SC Decision on the Vizconde-Webb Case
By shattered
@shattered (1728)
Philippines
November 24, 2010 2:14am CST
I just found out about the Supreme Courts decision to defer judgment on Hubert Webb's appeal for acquittal based on the evidence lost by the NBI and the ParaƱaque RTC that could prove his innocence.
I know this is a sensitive topic and some of my friends have been debating this issue.
I agree with the courts decisions to defer action. It is a very sensitive case and the court has to be certain about the decision it will have to make. It would do the Filipino people an injustice if the high court rushed their decision.
What's your take on this?
7 responses
@toniganzon (72281)
• Philippines
25 Nov 10
I agree with the Supreme Court's decision. The lower court made several errors in this case and actually I've been carefully watching over this case even in the newspaper and tv. Hubert has been denied proper justice and he was not afforded his right of day in court. I think the lower court judge was impartial and too emotional that she didn't even try to consider other testimonies in favor of WEbb.
I hope Webb will be set free since the lower court violated the fundamental law of the land.
2 people like this
@TheAdvocate (2392)
• Philippines
27 Nov 10
@toniganzon: The Supreme Court is actually caught between a rock and a hard place. There are allegations and insinuations that the Supreme Court is being "swayed" to acquit Hubert. If the SC acquits Hubert, people will think that they had been bribed. If they uphold the conviction, people will say they are incompetent for overlooking the glaring evidence. I agree that the trial court committed so many errors that justice was denied to both parties.
@knicnax: as shattered pointed out, such is the law. errors in procedure are grounds for dismissal. Hubert will live under a cloud of doubt for the rest of his life. I am sure people will no longer believe him. At least he has money to go abroad and live the rest of his life there if freed.
1 person likes this
@shattered (1728)
• Philippines
25 Nov 10
I agree with knicnax not only because there was error but it would be great if he were set free if he were found to be innocent and not just acquitted because there was reasonable doubt. But that's how the system works.
I also agree with toniganzon that the lower court seemed to have been swayed by the media and and not the evidence presented. However, since we don't know what transpired in court, we'll never know what should have been considered anyway, unless they give us a copy of the transcripts and I heard they are very long!
@xtedaxcvg (3189)
• Philippines
24 Nov 10
It's just sad that people who are high and mighty would get this kind of treatment from our society wherein the lower people gets prejudged right away. How would you feel if you were born from the slums of manila and then you were wrongfully accused of lets say theft. Would you get these kinds of treatment? I dont think so..
2 people like this
@shattered (1728)
• Philippines
25 Nov 10
I don't think that is accurate. Actually Hubert Webb was also prejudged by the public. The hype regarding the case wouldn't have reached fever pitch had it not been for the status of hid family.
The influential really do get special treatment in some cases. But I do hope that at the end of the day, justice will still prevail. To whoever deserves it!
1 person likes this
@TheAdvocate (2392)
• Philippines
27 Nov 10
@xtedaxcvg: Actually in this case, the high and mighty, got a taste of public opinion and went to jail. I just finished school when this case became big news. Although I heard that Hubert was the original bad boy of Paranaque, he really was just crucified by his reputation. The evidence against him was a lot of garbage. I guess it was just karma. Not that I approve of such kind of justice.
1 person likes this
@shattered (1728)
• Philippines
27 Nov 10
If the advocate is correct, then it made the Supreme Court's decision to delay its decision on the matter look better.
But I do agree fame and power can sometime be used against you especially when someone is out to get and the media rides those issues without separating fact from fiction as long as they make the ratings.
I do hope if he's guilty the motion is dismissed and if he's innocent that he be acquitted.
@TheAdvocate (2392)
• Philippines
26 Nov 10
Justice delayed is justice denied. The excuse of the high court that they need more time to study this case is just lame - they've had a lot of time to contemplate on the issues of this case. Unfortunately for Lauro Vizconde, Justice Carpio was one of the witnesses who testified in behalf of Hubert when it was still on trial. Even though he has recused himself from the case, his reputation is also on the line here. If the SC affirms the decision, it would be like saying that Carpio, the FBI, DFA and even Gary Valenciano lied on the stand. If they acquit Hubert, I am sure there would be a public outcry, and heads will certainly roll.
The Supreme Court, as the last bastion of democracy, cannot be seen to hesitate in deciding cases. It is suppose to be blind to public opinion, and yet, in this case, it is treading lightly as if trying to see where the SC reputation would be least damaged.
1 person likes this
@TheAdvocate (2392)
• Philippines
27 Nov 10
No delay is ever merited, not even by the Supreme Court. All the criminal cases that go to the Supreme Court involve the constitutional right to be deemed innocent. By delaying the case, justice is denied to both parties. Every day that an innocent person stays in jail, is another day that justice has not been served. The SC should be an example of swift justice.
1 person likes this
@shattered (1728)
• Philippines
27 Nov 10
An incorrect decision that has become final is more of an injustice than a minor delay. I agree that any postponement for the sole purpose of delaying justice should not be tolerated. However, when the "delay" is a means to ascertain certain facts and issues are threshed, then it would be justified.
@shattered (1728)
• Philippines
26 Nov 10
That would appear to be the case (SC treading lightly).
If indeed justice delayed is justice denied then there has already been an injustice, this case has dragged on for more than a decade. And since this involves the a basic constitutional right to be deemed innocent, I believe that the delay is merited.
However, I agree with your point regarding public opinion. The Court should let the truth guide its decisions not the possible public opinion about it.
@knicnax (2233)
• Philippines
25 Nov 10
I agree with SC. Not that I'm defending Webb here, but seriously, we're just letting our gut feeling decide for us. We still are not sure who did it. Though we all feel strongly that Webb did it. We have to let the process push through. By deferring the appeal, Webb wasn't condemned, and the Vizonde's weren't either. It's just that the SC believes that there could be more evidences that could close this case. We all want the case to be closed, but this isn't a CSI show where the stars can pinpoint the criminal in an hour or two. This isn't a show wherein the justices can rush to decisions dictated by the script writer. This is a real case, with a real cold blooded murderer involved. Rushing things wouldn't help at all
1 person likes this
@shattered (1728)
• Philippines
25 Nov 10
I agree.
As stated above, It would be good to know the truth if he was indeed innocent, I want him free. If he is indeed guilty, than the decision should be upheld.
@TheAdvocate (2392)
• Philippines
27 Nov 10
@ knicnax: I don't think that trial courts are allowed to decide cases based on gut. There has to be evidence. The trial court may have erroneously considered evidence, but it is still evidence. Public opinion has no place in a decision. The trial court convicted the Alfaros based on the testimony of Alfaro, and that is evidence, even if the public agreed with it.
I agree that we need to let justice take its course; after all, the SC is the last stop in this process. I disagree that the deferment did not harm anyone. It did harm both parties because justice delayed is justice denied. Hubert is still in prison and Vizconde is still not sure that this is the end of his calvary.
1 person likes this
@romzz05 (572)
• Philippines
25 Nov 10
I'm confused about this DNA issue with the Vizconde case. One of the alibi before of hubert that he is in the US during is strong enough evidence to not put him in the scene of the crime if its true. The court didn't find it credible and maybe found information that he really is in the country. Now this DNA specimen for some reason magically disappeared after they asked for it to be tested. Is DNA testing not available during the trial and they have to wait this long asking for it? I doubt if the court will give them a hard time with the test since DNA is a very viable evidence that doesnt lie. Are the Webb's trying to put reasonable doubt on the case thats why they ask for the testing even though they know the evidence is no longer there? They should have asked for it 10 years ago. There are witnesses and if the court believed them I would DNA or no DNA.
1 person likes this
@shattered (1728)
• Philippines
25 Nov 10
I believe at the time of the trial, there was still no guideline on the admissibility of DNA testing. Remember that the case was filed 10-15 Years ago.
Yes, their primary defense was "alibi." Though a weak defense, it has is merit to prove reasonable doubt. You have to understand that proof of innocence is not necessary, defendant only has to establish reasonable doubt.
The question of the missing DNA really has two aspects, First, why ask for it now when it is missing? Second, now that the DNA testing is admissible in court why can't I get it to prove my innocence.
@shattered (1728)
• Philippines
25 Nov 10
It would have been devastating to the family of the victims if it were televised. Not making it public was one of the decisions of the lower court that I agree with.
I also agre with you that the reports seem to be conflicting. That's why I find it hard to decide on this with finality. A part of me want to believe that Hubert is guilty in order to close this case for good. But I have to admit that a part of me hopes that he is not.
At the end of the day I would still like to believe in the goodness of humanity.
@romzz05 (572)
• Philippines
25 Nov 10
I would assume that Alibi was shattered already. I wished the trial was televised before. I just thought the DNA testing will not prove innocence it will just re-open the case. I think it was talked about during the trial and it was the Vizconde's who want it tested and the Webbs were the one not too keen on the test. But I'm not sure I keep hearing different stories.
1 person likes this
@visavis (5934)
• Philippines
24 Nov 10
Yes I agree with you but my concern is might be even the decision will defer will end up of nothing because those acused are very powerful.. And besides due to lost of evidence I think they must known first whose mistakes of being lost such evidence people or concern will think may be intentional to lost or that is old tactics... see you around
1 person likes this
@TheAdvocate (2392)
• Philippines
27 Nov 10
@visavis: The issue of lost evidence should not affect the case as this is already on appeal, meaning, the SC can only appreciate evidence that was entered during trial. new trials are rarely granted except for very compelling reason. The problem however in this case is that although Hubert asked to be tested at that time, the lower court for some reason, refused to allow it. Doesn't it sound fishy?
@shattered: Yes, DNA was an issue in the lower court. I don't know about the guidelines, but I remember that at that time, no lab in the country was equipped to test for DNA. Nevertheless, law enforcement and the court are responsible for the safekeeping of evidence. I just don't know how the negligence of the government will impact the case.
1 person likes this
@shattered (1728)
• Philippines
27 Nov 10
Wow the fact that DNA testing was denied by the lower court makes Webb's case stronger. I did know that.
It is evidence that could lead to an outright acquittal of the accused and should have been allowed by the court, even if it had to be tested in the US.
Result of the DNA test is new evidence that would merit the reopening of the case. I guess this is the reason why the Webbs really want that DNA tested.
At the very least the custodian of the evidence should be tried and convicted. However, the ramifications would be something to look out for.
@shattered (1728)
• Philippines
25 Nov 10
I do agree that this may have been part of the strategy.
I don't know for certain whether DNA testing was an issue in the lower court. I just know that the guidelines for DNA testing were not yet issued at the time the case was filed.
Well, I still have some hope left in our justice system, somewhat! I hope they won't let me down.
@shattered (1728)
• Philippines
25 Nov 10
I agree there should be no double standard, that the reason why I somewhat agree with the SC's decision to delay in order for justice to be served.