In a vote 7-4-4 earlier by the Supreme Court, acquitted Hubert Jeffrey Webb, Antonio Lejano, Michael Gatchalian, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada and Gerardo Biong in the Vizconde massacre case in 1991.A supreme court spokesman and Court Adminisrator Atty. Jose Midas Marquez said that the Court acquitted the seven accused as the prosecution failed to prove their guilt beyond reasonable doubt.
The Paranaque Regional Trial Court Branch 274 convicted Webb and others for killing three members of the Vizconde family in January of 2000. After five years the Court of Appeals upheld the conviction. Then Webb brought the case to the Supreme Court. He asked that the semen found on Carmela Vizconde's body be tested. It was found that the semen sample was lost. Webb's party insists that the semen sample would have proven Webb's innocence.
The basis for the acquittal was said to be the following:
- The Court took into consideration the inconsistencies in the testimony of Jessica Alfaro, who was an agent of the National Bureau of Investigation (NBI), but she was not an eyewitness.
- The SC also took into consideration the argument of Webb that he was in the United States during the commission of the crime.
-The SC did not take into consideration the DNA test.
-The SC did not take into consideration the DNA test.
Those who voted for the acquittal of the 7 suspects:
Associate Justices Roberto Abad, Conchita Carpio-Morales, Diosdado Peralta, Lucas Bersamin, Jose Perez, Jose Catral Mendoza and Maria Lourdes Sereno.
Those who Dissented:
Chief Justice Renato Corona, and Associate Justices Martin Villarama, Jr.; Teresita Leonardo-de Castro and Arturo Brion.
Those who did not participate in the voting:
Associate Justices Antonio Carpio (he testified during the trial of the cas)
Antonio Eduardo Nachura (he was the Solicitor General at the time of the commission of the crime)
Mariano del Castillo (one of the accused is a client of the law firm of his wife)
Presbitero Velasco, Jr. (close relationship to a party in the case)
Source: www.spot.ph ; www.mb.com.ph
Source: www.spot.ph ; www.mb.com.ph
