Wednesday, December 15, 2010

People vs. Webb

Criminal cases start off with the title "Republic of the Philippines vs. Person Accused", and this clearly identifies the suspected's position - the entirety of the State against one man. The State with all of its resources shall garner evidence that will substantiate the facts to convict one man of the crime alleged him.

Yet the State failed to keep one semen specimen.

The argument of the majority opinion runs in one thread - there is no existing evidence to convict Webb and his co-accused other than the testimony of Jessica Alfaro. To show how easy it was to debunk the case built on the testimony,  the defense presented evidence that destroyed her credibility leaving the case with no leg to stand on.  Add to that the US certification supporting Webb's alibi of being somewhere else.

Whether or not  Jessica Alfaro was an NBI agent (or something to that extent) should not have been material because if there had been evidence that will pin Webb's presence in the scene of the crime then the alibi would have been just an alibi.

"When you have eliminated all the impossible, whatever remains, however improbable, must be the truth" -- Sherlock Holmes (As cited in the Block's web page by mr. B. A.)
.
 x x x

What is justice now for Mr. Lauro Vizconde? What are his options?

Sue the Republic of the Philippines in the United Nations Commission of Human Rights?

While the Department of Justice Secretary  De Lima talked about reopening and re-investigating the case, what  else can it find after 19 years when most of the items have already gone missing?

x x x

Was there justice in this case at all?

Mr. Vizconde may not have gotten them sentenced to reclusion perpetua but he was instrumental to the loss of fifteen priceless and irreversible years to the lives of men who were not found guilty.

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Links to the Decision of the Supreme Court:
G.R. No. 176389 / G.R. No. 176864. December 14, 2010

Antonio Lejano Vs. People of the Philippines / People of the Philippines Vs. Hubert Jeffrey P. Webb, et al.
Concurring Opinion
Supplemental Opinion
Dissenting Opinion
Separate Concurring Opinion