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
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4 comments:
"walang matigas na batas sa criminal na madulas".
the prosecution may have placed themselves in the holes where they can fall. or maybe there are mishaps, however, supreme court may bend hard laws to effect substantial justice. I think the scratched credibility of alfaro was mitigated and repaired by the prosecution as it was not totally destroyed. Supreme court as the trier of law have given and pointed out much considerations on the facts and not much consideration in law.
and the supreme court failed to discuss the liabilities of the accused being found positive on illegal drugs...
now we know that the supreme court rules the probative and evidentiary value of alibi weighs heavier than testimonial and circumstantial evidence
Very disappointing ruling... i think there's a need to improve on keeping the substantial evidence...Evidence if proven must be final regardless the lost of it ...additional penalty to any officer in charge of the evidence if lost should be studied...
now I believe a justice delayed is a justice denied... sobrang bagal ng justice system sa bansa.. paki-ammend n lng ng due process sa sa constitution... mike
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