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

On Vizconde Massacre, Hubert Webb and the Quest for True Justice (1st in Series of 3)

As we speak of women's issues on this blog, it is impossible to miss one that has gripped the consciousness of Filipinos for years.

The Vizconde Massacre is a harrowing story of violence inflicted against women---a proof that it happens even inside one's own home in a gated community of a bustling city. The brutal killings of the Vizconde women stunned the nation and started a serious quest for justice.

But the quest proved to be a long one. The story of the Vizconde Massacre wasn't just a single story; it varied as told by a number of witnesses. It was hard to tell which made up the truth and the lies.

But to Judge Amelita Tolentino of the Paranaque Regional Trial Court, the truth was the account of star witness Jessica Alfaro. She found Hubert Webb and friends and seven other young men – all scions of wealthy and prominent clans – guilty beyond reasonable doubt hence, sentencing them to life imprisonment. (Note: According to Webb, he only knows two of the seven other accused.)

Justice, then, seemed to have been served.

* * *

Ten years later, the public has taken a revived interest on the Vizconde Massacre albeit, on a different light. Crucial details and untold stories from the trial that ran for years have surfaced. These include a denied request for DNA testing by Hubert Webb's camp, inconsistencies in eye witness accounts, an unacknowledged note verbale from the US government, and so on.

It seems that the quest now has become Justice for Hubert Webb.

* * *

I find all those details disturbing. For somebody who literally grew up with the slow development of the Vizconde Massacre case, I had to rack my brains to find out why I was bent on believing certain things at the time the Paranaque RTC trial ran from 1995 to 2000. (Of course, given my age then, my opinions were not as better-founded as now.)

It has been 15 years since the name of Hubert Webb surfaced as a prime suspect in the Vizconde Massacre. If Hubert Webb was innocent, then it means that he lost 15 years of his life by being kept in bars for a crime he did not do. Likewise, it means that justice has never been really served for the Vizcondes.

The Supreme Court should assess the case of the Vizconde Massacre with a fresh perspective. This time, they should put due consideration to the evidences presented by Webb's camp, which were mostly not accepted by the RTC and Court of Appeals.

I refuse to take a stand regarding the guilt or innocence of Hubert Webb; instead, I call for due process and a fair trial. Justice should not be about putting men behind bars just for the sake of naming perpetrators. It's easy to lose the essence of the quest for justice along the lines of power, politics and personalities.

The Vizconde Massacre remains unsolved.

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

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

It's downtime for Ces and Hillary

What could have been a good Monday for many Filipinos was bugged by one big question: where is Ces Drilon?

People then were buzzing with the question as Ces Drilon, a celebrated Filipino journalist, together with two cameramen and a history researcher, were said to be missing. Nobody can confirm the news until ABS-CBN released their statement on Monday evening. They have indeed launched a news blackout and is trying to contain the situation by not causing national panic and sensationalism. The news about Ces was even reported at the latter portion of TV Patrol and kept at a very short and objective level.

Again, unverified sources of information (as I missed the news during the past 2 days) say that the ransom is around P10 to P30 million--an amount that Ces, ABS-CBN and their supporters can easily raise. While the release of one cameraman has caused more speculations and violent reactions, still we're faced with another moral ambiguity: should ransom be paid to get the three remaining hostages safe and free or should we just follow GMA's no-ransom mandate?

It's easy to choose the latter option. Why would we support the Abu Sayyaf and encourage precedence? The government cannot just initiate making an industry out of kidnapping, right?

But if you put yourself in the shoes of the hostages and their families, you may just think otherwise. Your concern will always be their safety. (Omg, this reminds me of Gracia Burnham's story...)

The abduction of Ces and her companions is another indication of how maimed our freedom of press is. Ces, being a nationally-acclaimed journalist, was taken as a hostage by the Abu Sayyaf on the week of Independence Day! This must explain why nobody wants to celebrate Independence Day.

I'm just thinking how bad Ces' fate must be. I remember Ces being one of the journalists who witnessed the siege initiated by Sen. Trillanes. She eventually got detained and was suspected to have a link, or at least know beforehand, Trillanes' plot. I applaud her for her very sassy answer: "If I knew then I wouldn't have worn heels."

There you go, fashionista. I hope and pray that you'll be out soon without anyone having to shed millions or blood.

* * *


Likewise, last week (or last, last week--pardon my lost sense of time) was a downtime for Hillary Clinton. I am not really a big fan of Hillary's but the thing is, I kind of felt that my hope for a woman to finally become a US president was extinguished. Well, slightly at least.

Oh well... But she was gracious enough to have accepted defeat. She was mighty brave as well to have not given up the fight.

(Looking back, I admire this woman for her strong spirit. I would have lost face and grace if the world has known that my husband was cheating on me under our very own roof.)

Anyway, she may not have succeeded the race for the Democrats' presidential candidate. But Hillary Rodham Clinton has raised hopes for countless women. Yes, I do hope that I'll be able to witness the oath-taking of the first woman US citizen while I'm still alive and senile. :)

Get well soon Britney!

Good news to those who want to help save Britney...

Early this week, Britney was finally given the help that she needs when she was taken by an ambulance with swarms of policemen (and tailing paparazzis) to be treated for allegedly attempting to commit suicide.

Moreover, Britney's parents (who are divorced by the way), at last joined forces to help their daughter. Hail--Jamie Spear's (Brit's dad) was named her conservator and Osama Lufti (her scumbag manager con friend) was given a restraining order!

Lynne Spears (Brit's mom) intends to bring Brit home to Louisiana once she is released from the hospital. Lynne believes that Brit will never recover in LA.

As for me, my prayers are for Britney =)

Photo credit: Sony BMG

A heartache leave...I WANT!

Got this from Yahoo! News. Wouldn't it be great to have it here in the Philippines? Otherwise, I'd have to call in another sick leave to nurse my would-be broken heart...

TOKYO (Reuters) - Lovelorn staff at a Japanese marketing company can take
paid time off after a bad break-up with a partner, with more "heartache leave"
on offer as they get older.

Tokyo-based Hime & Company, which also gives staff paid time off to hit
the shops during sales season, says heartache leave allows staff to cry
themselves out and return to work refreshed.

"Not everyone needs to take maternity leave but with heartbreak, everyone
needs time off, just like when you get sick," CEO Miki Hiradate, whose company
of six women markets cosmetics and other goods targeted for women, told Reuters
by telephone.

Staff aged 24 years or younger can take one day off per year, while
those between 25 and 29 can take two days off and those older can take three
days off, the company said.

"Women in their 20s can find their next love quickly, but it's tougher
for women in their 30s, and their break-ups tend to be more serious," Hiradate
said.

Hime & Company staff can also take two mornings off twice a year as
"sales shopping leave", so they can race to stores to hunt for bargains.

"Before, women could take half-days off to go to sales, but you'd have
to hide your shopping bags in lockers by the train station," Hiradate
said.

"But with paid leave, we don't have to feel guilty about bringing our
shopping bags to work, and we can enjoy the best part about sales shopping --
talking about our purchases afterwards."
(Reporting by Chisa Fujioka)

Yahoo! News: Japanese firm offers "heartache leave" for staff

Britney Paparazzi: K.Fed Gets Sole Custody of Britney's Kids

Made for Britney supporters, not for her critics.

The latest scoop on Britney.

US Court awards sole custody of Britney's sons: Sean Preston and Jayden James to Kevin Federline. That's sad news but I guess it's just the right decision for now. Britney should really get some help.

As K.Fed's lawyer said, there are no winners here.

Britney Paparazzi

Made for Britney supporters, not for her critics.

The latest scoop on Britney.

This time, it involves the paramedics.

Britney was taken away by paramedics and police from her house in Beverly Hills after a custody fight with her former husband, Kevin Federline.

Click here to read the news.

Click here to watch the video.

Click here to view the pictures.

I think Britney really needs psychiatric help. Unlike so many people condemn her for all her attention-getting antics, I completely understand her. The divorce was hard for her. I don't see her as a bitch or as bad person. We've seen what she gave up for Kevin and her kids; for the family that she wanted to raise. As things didn't turn out the way she wanted them to be, Britney's way of coping was not as easy for other people. I'm not putting the blame on media and the paparazzi but I think it's a factor.

Britney is struggling and I believe it's a humane act for everyone to cut her some slack. It's just so sad that so many people are acting as crabs by pulling her down even more!

A twist of events: Britney chases a paparazzo.

We wouldn't know what really happened during that night but hey, it's about time that the paparazzi get a dose of their own medicine.

Click here to watch Britney's wild adventure with a paparazzo.

These are all for now, folks. Watch out for more Britney updates.