Showing posts with label vizconde massacre. Show all posts
Showing posts with label vizconde massacre. Show all posts

Sunday, December 19, 2010

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

November 7, 2010 – At this moment, the memory of that day seems worlds away yet, strangely unfading.

I was invited by social media maven Janette Toral, together with fellow blogger Leira Pagaspas, to a lunch interview with Hubert Webb and family at the Maximum Security Unit of the New Bilibid Prison.

Inside the walls and the bars of the prison was a sort of government housing project made of small cookie cutter blue buildings where men in orange waited for a million tomorrows inside their cells or by getting themselves busy elsewhere in the compound. A few of them chose to wait by the gate. They escorted us down to a building with a faรงade that bore a Sputnik graffiti. Hubert's place, I thought.

As we entered, I curiously watched an inmate snuggle his tiny infant while his wife looked a few feet away. We crossed the den where a TV listlessly played to an absent audience and eventually reached a makeshift cottage where the Webbs hold their Sunday lunches.

At the head of the table was former Senator Freddie Webb whose features remained handsome despite the years. On his right was his wife, Elizabeth, to whom ABS-CBN news anchor Pinky Webb sat next. Hubert, who was celebrating his 42nd birthday that day, hopped from one spot to another to welcome guests. There were at least a dozen of them; a good mix of relatives and close friends. We said hellos and were led to the other end of the table where Hubert's elder brother Fritz sat down to entertain our questions.

(At this point, it is hard to cite in verbatim the exchange that we had with Fritz, as well as the inputs that Sen. Webb gave from time to time. Allow me to skip this portion as most questions that were brought up involved clarifications and details about the Vizconde Case, which I consolidated with various materials and organized in a table. See Deconstructing Public Opinion: Is Hubert Webb guilty?)

Mrs. Webb joined us and shared a bit about her family's ordeal in the past 15 years.

Nakakaawa talaga si Hubert pero naawa din ako sa pinagdaanan ng asawa ko, ni Jason at Pinky dahil sila ang kilala ng tao, she said as she recalled Sen. Webb's broken political career and the early years of Jason and Pinky's careers in basketball and broadcast media.

Thankfully, the Webbs have somehow gotten past that part of their endless trial. The light conversations amidst the comings and goings around us were in no way reminiscent of those tumultuous years for the Webbs.

We try to keep our anger and sadness from each other. Hindi kami nagpapakitang mahina kami. Hubert's siblings have been very supportive ever since. Siguro pag natapos lahat ito saka namin mafi-feel yung pagod.

Talking to Mrs. Webb felt like talking to a friend's mother. She held no pretenses; no airs. She was warm yet she kept her poise. With a little pasintabi, I asked if she can clarify rumors about Hubert getting the special treatment in Bilibid.

I don't know if you can call this special treatment pero pag mabait ka sa tao, mabait din sila sa'yo. We go here every Sunday to bring him food, we pay for his electricity. Maybe that's why they allow us to go here and spend time together. But I don't know if this is actually special treatment.

Right now, ang gusto lang namin ay malaman ng tao yung totoo and then they decide. These details should make the thinking mind decide.

The last portion of our interview was with Hubert. Aside from the Che-che Lazaro documentary, it was my first time to see Hubert after the historic RTC verdict was rendered more than ten years ago. I silently watched this man as he spoke, trying my best to associate the famous face that I got familiar with as a child who watched the evening news and cut out newspaper clippings for school.

The Hubert Webb in my memory was sketched by the popular notion akin to a bratty politician's son who must be having a hard time adjusting from a life of luxury to a life of limits. Of this, I was corrected.

My siblings and I all rode in one car to school, Hubert explained. Yun ba ang luxury? Marunong akong mag-commute.

Hubert carried a slight inmates' accent. He had aged much at only 42. Yet, as he spoke he bore the aspirations of a man in his 20s. Coming from him, they seemed more like frustrations. Thanks to an eye witness whose credibility was in question. Thanks to a vindictive public that relied mostly on hearsays.

Ang consolation ko na lang ay yung thought na at least, dito buhay pa ako. He recalled the many prank calls and death threats that he himself got many years ago.

Pag labas ko, pa-retire na halos yung mga kaibigan ko pero ako magsisimula pa lang, he expressed with worry.

He drifted to a mindless talk of setting up a hi-tech third party forensic laboratory if he happens to get out. Madami dito ang wala talagang kasalanan, he said.

Sen. Webb emerged from the door to remind Hubert that visiting time will be over in a few minutes. Our group said goodbye to the Webbs and left Bilibid with so much thoughts in our heads. Personally, I wondered if justice had been really served by locking up men whose guilt I seriously doubted.

To this day, with Hubert Webb and others already acquitted, the Vizconde Massacre remains unsolved.

I searched and tried hard to find the words that would best summarize my thoughts that day. It took me more than a month to find them in the column of Randy David:

Each time I look at the crestfallen Lauro Vizconde, I cannot help but share the public’s sympathy for a man who could not find justice in our society. Yet when I look at the faces of Freddie and Elizabeth Webb, I get the strong sense that these are people who will not coddle a son regardless of whether he is right or wrong.

Note: Items in italics have been paraphrased.

* * *

My journey in pursuit of an informed opinion gave me a newfound preference to the Lady Justice without the blindfold.



There is something about this depiction that reminds me of the true essence of justice. The position of the scales of truth and fairness and the sword denotes the primacy of logic over punishment. Sadly, many have been quick with their judgments out of a desire to fulfill the latter.

Most importantly, the absence of blindfold implies the ability to open the self to facts - this and nothing else - which should be everyone's first step to appreciating the beauty and the huge responsibility that comes with justice.

* * *

My first two installments on the Vizconde Case and Hubert Webb had been read more than a thousand times since posted. Among the most popular keyword searches were:




A screencap of the first installment, On Vizconde Massacre, Hubert Webb and the Quest for True Justice was featured at Paparazzi on TV 5 (see 1:09) and was acknowledged by Fritz Webb on ANC Headstart.

Installment 2, Deconstructing Public Opinion: Is Hubert Webb guilty? has gone through two major changes to pave way to criticisms, which I took constructively, and to accommodate fairness and objectivity.

* * *

I suggest readers to go through the following links regarding the acquittal of Hubert Webb and others:

Supreme Court clears Webb, 6 others in Vizconde massacre (BusinessWorld Online).

Babes Romualdez. 'If it doesn't fit, you must acquit' - Babes' Eye View, The Philippine Star.
Fr. Joaquin G. Bernas, S.J. Fr. Bernas on SC decision Webb case, Philippine Daily Inquirer.
Jomar Canlas. Chronology of Events: The Vizconde Massacre, Manila Times.
Jose C. Sison. Undue media coverage - A Law Each Day (Keeps Trouble Away), The Philippine Star.
Randy David. Justice and public opinion - Public Lives, Philippine Daily Inquirer.
Winnie Monsod. Vindicated - Get Real, Philippine Daily Inquirer.
Winnie Monsod. Vizconde Massacre Analysis, QTV.

Saturday, November 13, 2010

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).


Need to know more?
11. Philippine Jurisprudence.
14. Urgent Motion to Acquit Hubert Webb, submitted to Supreme Court


Latest Update: 09 Dec 2010

Thursday, November 4, 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.