VISCONDE FAILS TO SUBMIT EVIDENCE AGAINST ACCUSED JUSTICE CARPIO
[PHOTO AT LEFT- LAURO VISCONDE; RIGHT- HUBERT WEBB]
MANILA, FEBRUARY 2, 2011 (STAR) By Edu Punay and Sandy Araneta - Lauro Vizconde has refused to reveal to the Supreme Court (SC) the identity of his source who allegedly accused Senior Associate Justice Antonio Carpio of lobbying for the acquittal of Hubert Webb and six others convicted of the 1991 murder of his family. Vizconde would only tell reporters that his source is a member of the judiciary.
"It would not be proper at this time to break the seal of confidentiality under which the information regarding Mr. Justice Carpio was given to (me) by those concerned," he said.
He has not named his source upon advice of his counsel Ferdinand Topacio, Vizconde said.
Meanwhile, Topacio said they would pursue the filing of an impeachment complaint against Carpio before the House of Representatives.
Topacio said he was only quoting Vizconde in
making the allegations against Carpio to the media.
"Topacio told Vizconde that the question was no longer legal but was purely moral and ethical in its dimensions, because he and only he can and should decide as to whether or not to break the seal of confidentiality under which the information was given," they told the SC in a five-page joint compliance.
"Both undersigned reiterate their utmost respect and support for the institution of the Supreme Court, their full faith in the integrity and leadership of Mr. Chief Justice Renato Corona, and states for the record that their pronouncements regarding Mr. Justice Antonio Carpio were made in reliance with the information given to them in confidence by unimpeachable sources, and that the same were motivated by a desire
to effect genuine reforms in the judiciary, which is their duty to aid as citizens and – in the case of Topacio – a member of the Bar."
SC spokesman Midas Marquez said the compliances of Vizconde, Topacio and Volunteers Against Crime and Corruption chairman Dante Jimenez would be submitted for the SC's consideration in today's session.
"Apparently, Mr. Vizconde is not giving proof of his allegation so let's see how the court will consider that. I don't want to preempt the court," he said.
Marquez dared Vizconde's camp to proceed with their planned impeachment case against Carpio.
"That's their prerogative," he said.
"They"re free to do whatever they want to do. But impeachment undermines the integrity of the Court so we are hoping they think twice if they really will file it."
Meanwhile, Jimenez refused to apologize to the SC justices for badmouthing them on national television.
In a separate compliance, he said his words were just an "outburst" against the SC decision.
"The utterances of Dante Jimenez were expression of emotions and without malice," read his compliance.
"Dante Jimenez vehemently disagreed with the judgment of the seven Justices of the Honorable Court, and considered their judgment unjust and contrary to the established jurisprudence."
However, Jimenez appealed for the SC's "understanding and compassion."
"His utterance did not in any way mean to harbor ill-will or to spite or to malign the Honorable Court as an institution nor any individual justice of the Court," read the compliance.
"Nowhere in his utterance did Dante Jimenez threaten, impede, obstruct, embarrass, and influence the Honorable
Court in its resolution of the case. Nor did he degrade the Honorable Court, destroy public confidence in it and bring it into disrepute,
and thus be considered in contempt of court."
Upon learning of the SC ruling acquitting Webb and the six others last month, Jimenez told a press conference that the justices killed the criminal justice system and hurled invectives at them in Filipino.
EARLIER REPORT: EDITORIAL FROM 'PHILIPPINES TODAY' ONLINE
Visconde massacre Written by admin Editorial Dec 20, 2010 Editorial
After more than 15 long years of prosecution, the 1991 Visconde massacre ended up last Tuesday with Hubert Webb and his co-accused walking free. The Supreme Court, by a vote of 7 to 4, cleared Webb and his co-accussed, including a former policeman, of the murder of Lauro Vizconde's wife and two daughters at their home in Paranaque, stating that the prosecution failed to prove their guilt beyond reasonable doubt. Tuesday's SC ruling came two weeks after the policeman, Gerardo Biong, a convicted accessory in the Vizconde massacre case, was released from detention after completing his jail term. Biong was imprisoned in 1995 after he supposedly tampered with the evidence when he burned bloodied bed sheets at the crime scene. He was later convicted in 2000.
The family of Webb led by former Senator and congressman Freddie Webb and those of the co-accused were visibly happy with the decision of the High Court, saying they believe in the country's justice system, although the final judgement may have been slow. The young Hubert himself said he and his co-accused never lost faith in the system despite the difficulties they have gone through during their long period of incarceration.
The victims' surviving kin, Lauro Vizconde, and his group, the Volunteers Against Crime and Corruption (VACC), however, and many Filipinos hooked to the Internet believed otherwise and assailed the decision.
Vizconde even said that he has lost faith in the justice system, accusing justices of the Supreme Court of receiving bribe money in exchange for acquitting Hubert Webb and his co-accused who had been tagged the killers of his wife and two daughters 19 years ago. "Sigurado ako na kung hindi nagkabayaran ay hindi ako magkakaganito ang kaso ko. Pinawalang-sala ng mga magagaling nating justices. Diyan ko napatunayan na sa Korte Suprema ay ginagapang nga," Vizconde said after the Supreme Court issued its decision.
Earlier, he had accused SC Associate Justice Antonio Carpio for allegedly lobbying for the acquittal of Webb and his co-accused, something that he denied.
The big basis of the High Court's decision was the reportedly assailable testimony of Jessica Alfaro, who was an agent of the National Bureau of Investigation. Alfaro never saw the murder and never had entered the Paranaque home of the Vizcondes and could have witnessed the killing. Also, the High Court gave credence to testimoniesand evidences like immigration records that Hubert Webb, indeed, flew to and was in San Francisco, California at the time of supposed commission of the crime. "The positive identification of the offender must come from a credible witness. She is credible who can be trusted to tell the truth, usually based on past experiences with her. Her word has,to one who knows her, its weight in gold," the High Court said in its, adding the said "the witness' story of what she personally saw must be believable, not inherently contrived." The justices also stressed: "A witness who testifies about something she never saw runs into inconsistencies and makes bewildering claims.Alfaro and her testimony fail to meet the above criteria."
While many Filipinos maybe questioning the decision, many also like President Aquino himself are sympathizing with Vizconde with the turn of events. We could only wait until every cloud on the issue is cleared to render our endorsement or censure. Meantime, let's respect the decision of the court.
----------------------------------------------------------
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
All rights reserved
----------------------------------------------------------
PHILIPPINE HEADLINE NEWS ONLINE [PHNO] WEBSITE
[Non-text portions of this message have been removed]
Follow us on Twitter: http://twitter.com/phnotweet
This is the PHILIPPINE HEADLINE NEWS ONLINE (PHNO) Mailing List.
To stop receiving our news items, please send a blank e-mail addressed to: phno-unsubscribe@yahoogroups.com
Please visit our homepage at: http://www.newsflash.org/
(c) Copyright 2009. All rights reserved.
-------------------------------------------------------------
