Deconstructing Public Opinion: Is Hubert Webb guilty? (2nd in Series of 3; UPDATED)

Much can still be learned as we anticipate the results of the Supreme Court deliberation on the Vizconde case and Hubert Webb’s motion for acquittal later this November.

More than ten years ago, we saw how print and broadcast media had been effective in shaping public views which in turn, played an influential role in yielding the results of the trial. Back then, most people relied on what media fed and on what went around as hearsays.

But times have changed. Documents and other important information are now available on the Internet. It just takes a couple of keywords, links and clicks to access them. Hence, the discerning public can now make better-informed opinions.

Now, as we take on the hefty task of deconstructing the old public mindset, it is important to begin with the right frame of mind: Hubert Webb is innocent until proven guilty.

Then, let us challenge our frame of mind by applying logic on hard facts. Such that:

1. IF HUBERT WEBB IS GUILTY, then he must be in the scene of the crime when the Vizconde killings happened.

	[A] Prosecution Hubert Webb is Guilty	[B] Defense Hubert Webb is Innocent
Material Evidences Supporting Column [A. B]	None	1. record of departure including ticket, ticket receipt,(with accompanying testimony from raja tours owner Bibay Nolasco), airline manifest (with accompanying testimony from a northwest airline official), passport with departure stamp from the Bureau of Immigration 2. record of entry which includes an F.B.I. report, a note verbal issued by the U.S. government signed by Secretary of State Madeline Albright stating that Hubert Webb was in the U.S. Testified to by no less than both Foreign Affairs Secretary Domingo Siazon and Consul General Leo Herrera Lim (certification from US Immigration and naturalization service signed (w seal) by Madelaine Albright, Warren Christopher and Atty. General Janet Reno verified proofs/documents by US state secretary (Albright) and FBI (Bob Heafner) 3. records of his stay which include: Videos - one in Disneyland (testified to by a complete stranger who saw Freddie Webb and decided to take his video, with Hubert seen on the background). Another at Lake Tahoe where he was seen playing in the snow. And lastly, another video at a cousins wedding ceremony. Records of employment in the form of several encashed checks in his name Hubert Jeffrrey Webb before and after the crime. California Drivers License aquired during his stay, certified by the Department of Motor Vehicles California. 4. records of his departure from the U.S. which includes again the certification from the U.S. stating his date of departure, airline manifest testified by an authority from Philippine Airlines and passport showing entry into the Philippines. These only prove he was in the United States four months prior and fifteen months after the massacre occured. Hubert has only one record of going to the U.S. He left Manila on March 1991 and arrived back to the Philippines October 1992.
Statements / Testimonies Supporting Column [A. B]	1. Jessica Alfaro (eye witness) - positively identified Hubert Webb and others as perpetrators 2. Nerissa Rosales and Mila Gaviola* (former housemaids of the Webbs) - one testified that she washed Hubert Webb's shirt with blood stains on stomach and chest areas 3. Carlos Cristobal - doubted if Hubert Webb was the same person who was his co-passenger 4. Lolita Birrer (former live-in partner of Policeman Gerardo Biong) - claimed that Biong helped Hubert Webb and others clean up the crime scene 5. Normal White and Justo Cabanacan (BF Homes security guards) - Cabanacan testified that he flagged down the vehicle of Hubert Webb because it did not have the local village sticker around the last week of May or the first week of June 1991; did not ask for ID nor logged Hubert Webb as visitor since he was the son of then Cong. Freddie Webb, a well-known man 6. Lauro Vizconde - testified that in one of his phone conversations with Carmela when he was still in the USA, Carmela mentioned to him that she had turned down a suitor whom she called "Bagyo," who is a son of a politician in Paranaque and comes from an affluent family. (Carmela never mentioned the identity of the suitor.)	1. Atty. Artemio Sacaguing (NBI) - testified that Alfaro was supposed to bring someone who witnessed the Vizconde killings (as relayed by NBI agent Cresencio "Jun" Nombres) but instead volunteered herself as eyewitness when she could not produce the witness 2. Judge Antonio Carpio (not yet in SC at time of trial) - testified that he had a phone conversation with Sen. Freddie Webb on June 29, 1991 where the latter mentioned that he and his wife were looking for a job for Hubert Webb 3. Rafael Jose, Paolo Santos and Joselito Escobar (friends) - relate despedida party organized for Hubert Webb on March 8, 1991 4. Miguel Munoz (security personnel of former Senator Freddie Webb) - testified that he accompanied Hubert Webb and parents at the airport on March 9, 1991 5. Cristina Magpusao (secretary of Webbs) - testified that she gave money to Hubert Webb for his terminal fee on March 1991 6. Victoria Ventoso (former housemaid of Webbs) - testified that Hubert Webb left for the US sometime in March 1991 and had not come back at the time she left the household in May 1992 7. Gloria Webb (Hubert Webb's aunt), Christopher Esguerra (Gloria's grandson) and Dorothy Wheelock - testified that Hubert Webb was in the States; accompanied Hubert Webb in Lake Tahoe on April 1991) 8. Gary Valenciano (performing artist) - testified that he was introduced to Hubert Webb at the Rodriguez residence in Orlando, Florida, USA in Novermber 1991
Remarks	1. Alfaro, along with housemaids and security guard, is said to have emerged as witnesses only 4 years after the crime. 2. Alfaro has 2 affidavits dated April 28 and May 22, 1995, which contradict on the ff. items: a. knowing Carmela prior to the date of the killings; b. seeing the dead bodies; c. seeing the alleged rape of Carmela d. how Webb, Lejano and Ventura entered the house e. if Alfaro entered the house 3. Court and DOJ Panel ruled that misdescription and inconsistencies did not erode Alfaro’s credibility. 4. DOJ Panel rules that alibi cannot prevail over the positive identification made by a prosecution witness. … claim of alibi is mainly supported by friends and relatives. 5. As per CA, time and space as requisites of acquittal are not supported by clear and convincing evidence; dates of departure and arrival in passport does not fully entail that Hubert Webb is not in the Philippines on June 30, 1991. 6. US Immigration and Naturalization Service (INS) certifications, dated August 10 and 31, 1995, respectively, were given little weight by both RTC and CA because of the purported omissions or oversights of certain Phil. or US Officials: (a) Aug 10 cert stated that there was no entry/exit of Hubert Webb on June 29, 1991; (b) Aug 31 cert stated Hubert Webb entered USA on 09 March 1991 and departed only on 26 October 1992. Testimony of Sec. Domingo Siazon, Jr. was deemed to prove the physical receipt and transmittal of docs. but not their content. (See Col B Row 2 #2)	1. Judge Tolentino admitted only 10 out of 142 evidences offered by Hubert Webb. 2. As per Fritz Webb, brother of Hubert Webb, the NBI presented 2 housemaids (and 2 security guards) but only 1 housemaid showed up during the trial. (Addendum as per CA 2005, only White testified.) 3. Defense questioned Alfaro's credibility on the ff. grounds: a. Contents of Alfaro’s first affidavit; b. Alfaro’s motive in testifying against Hubert Webb et. Al. – Alfaro allegedly admitted that brother Patrick Alfaro was a drug addict and was arrested once by the NBI for illegal possession of drugs and that he is presently in the United States c. Educational attainment – cross-examination showed that Alfaro lied in her direct testimony 4. Alfaro was said to be a former NBI asset who was quoted by then NBI Head Agent Artemio Sacaguing saying, “Sir, papapelan ko yan…" 5. Housemaids agency owner’s records show that the maids were no longer with the Webbs when the killings happened on June 30, 1991. 6. Re: INS certifications. Justice Dacudao, in his dissenting opinion, believes that omission was adequately explained by defense; oversight because the rules on protocol and standard procedure were not religiously observed by Phil and US officials. 7. None of the evidences presented by Hubert Webb were proven false or refuted by the Prosecution.

2. IF HUBERT WEBB IS GUILTY, then his DNA should match the semen samples found in the scene of the crime.

But apparently, the semen specimen cannot be located.

Here are the events that took place:

• October 1997 - Hubert Webb requested DNA testing of semen specimen
• November 25, 1997 – RTC Judge Tolentino denied Hubert Webb’s motion for DNA Testing
- Reason was “the proposed DNA examination would not serve the ends of justice but only lead to the complication and confusion of the case”
• April 20, 2010 – SC granted Hubert Webb’s request for DNA testing
• NBI claimed that semen specimen is no longer in its custody – claiming that the specimen was handed to trial court
• Trial court denied NBI claim
• October 2010 – Hubert Webb files an urgent motion for acquittal on the ground that he has been denied “the fullest extent of his constitutional right to due process” because the State can no longer produce the semen specimen that was in its custody.

Is Hubert Webb guilty? The decision is left on the discretion of the reader.

* * *

Deconstructing public opinion is a giant task that ironically requires a simple process. Similarly, the Vizconde-cum-Hubert Webb case should not have been as complicated as it had been if everyone remained true to the essence of the quest for justice for the Vizcondes.

Hopefully, with all these details at hand, the public will be in a better position to make opinions. At the same time, further research on the case - from both sides - is encouraged. May vigilance encourage the SC to come up with a fair and reasonable decision.

Do you think Hubert Webb is innocent? Then “Like” the Justice for Hubert Webb page on Facebook.
Why are we tackling Hubert Webb on Beyond Lipstick and High Heels? Read On Vizconde Massacre, Hubert Webb and the Quest for True Justice (1st in Series of 3).

Also read The Blind Lady: Face-to-Face with Hubert Webb in Bilibid (Last in Series of 3).

Need to know more?

1. Cheche Lazaro: Dalawang Mukha ng Hustisya, Part 4 of 8, Probe TV.

2. Copy of Urgent Motion to Acquit Hubert Jeffrey Webb.

3. Court of Appeals Decision, 2005.

4. Court of Appeals Special Division of Five Resolution, 2007.

5. Court of Appeals Dissenting Opinion (Justice Renato Dacudao).

6. Court of Appeals Dissenting Opinion (Justice Lucenito Tagle).

7. FAQs on "The Hubert Webb Case"

8. Jonathan M. Hicap: Questions Linger on Vizconde Case, The Manila Times 17 Jan 2005.

9. Jonathan M. Hicap: Hubert's main defense: 'I was in California,' The Manila Times 17 Jan 2005.

10. Photos and clippings.

11. Philippine Jurisprudence.

a. G.R. No. 121234 August 23, 1995

b. G.R. No. 127262 July 24, 1997

c. G.R. No. 132577 August 17, 1999

d. G.R. No. 142262 August 29, 2006

12 Stuart Santiago: Revisiting Hubert Webb.

13. Transcripts and Highlights.

14. Urgent Motion to Acquit Hubert Webb, submitted to Supreme Court


Latest Update: 09 Dec 2010