By Delon Porcalla (The Philippine Star) Updated December 18, 2010
MANILA, Philippines - Malacañang has given orders to several agencies to solve the 19-year-old Vizconde massacre case in six months and beat the 20-year prescriptive period for its prosecution.
In a memorandum dated Dec. 16, Executive Secretary Paquito Ochoa Jr. directed Justice Secretary Leila de Lima, Interior Secretary Jesse Robredo, Philippine National Police chief Raul Bacalzo and National Bureau of Investigation Director Magtanggol Gatdula “to conduct a thorough reinvestigation of the case, utilizing all available resources at your disposal to finally solve the same with the end-in-view of apprehending and prosecuting the authors of the crime.”
Ochoa, a lawyer, also reminded the four officials of the limited time on their hands since the government technically has only six months to indict the real culprits, after Hubert Webb and six others were acquitted by the Supreme Court (SC).
The SC, however, clarified that its decision did not automatically mean that the six were innocent, only that the prosecution failed to prove their guilt beyond reasonable doubt.
“You are likewise reminded of the applicable prescriptive period within which to file the case, considering that the crime was committed in 1991,” Ochoa said, noting that the crime took place on June 30, 1991 and that it will reach the prescriptive period in June 2011.
Article 90 of the Revised Penal Code states that crimes punishable with life imprisonment shall prescribe within 20 years from the time the crime was committed.
In a single-page order, Ochoa tasked De Lima to “evaluate, under existing laws, the possibility of granting compensation to those who may have been wrongfully accused of said crime, in the light of the SC decision.”
* It’s still Webb et al for Lauro
Despite Malacañang’s order, the camp of Lauro Vizconde remains convinced that Hubert Webb and company killed his wife and two daughters in 1991 and vowed to have their acquittal by the SC reversed.
The High Court reiterated it would no longer entertain any appeal, citing the constitutional provision against double jeopardy.
But Chief Public Attorney Persida Rueda-Acosta, who is giving Vizconde free legal assistance, said they intend to file a motion for reconsideration to convince the SC to reverse its acquittal of Webb, Hospicio Fernandez, Antonio Lejano, Michael Gatchalian, Peter Estrada, and Miguel Rodriguez for the crime of rape with homicide.
The seventh freed convict, former policeman Gerardo Biong, completed his sentence last month – or before the SC’s acquittal of the six – for destroying evidence in the case including blood stained clothing.
It was Parañaque regional trial court Branch 274 judge and now Appellate Justice Amelita Tolentino who convicted the group in January 2000.
“We will cite misapprehension of facts and grave error of appreciation committed by the Supreme Court,” Acosta said.
Acosta, a relative of the slain wife of Vizconde, served as a private prosecutor during trial of the case. She said the case should be exempted from the double jeopardy rule just like other “celebrated cases.”
“The double jeopardy rule has exceptions,” she stressed, citing as example the trial and conviction of the suspects in the assassination of former senator Benigno Aquino Jr. in 1983.
“A celebrated case ruled by the SC, wherein a person is acquitted, can still be tried and jailed for the same case,” Acosta said.
She recalled that the High Court granted the second motion for reconsideration filed by the wife of alleged gunman Rolando Galman and several taxpayers, which led to the conviction of the previously acquitted suspects in the double murder case.
The PAO chief also argued that there was “no expressed prohibition” on the filing of an appeal in the ruling of the High Tribunal.
“There was really no stopping the release of the accused from Bilibid, but the motion for reconsideration can still be availed of by the losing litigant – unless there’s expressed prohibition,” she explained.
When sought for reaction, court administrator and spokesman Jose Midas Marquez debunked Acosta’s argument.
“Existing jurisprudence states that an acquittal in a criminal case is immediately final and executory upon its promulgation, and the state may not seek its review without placing the accused in double jeopardy,” he told reporters.
“Let this (jurisprudence) not give false hopes to any aggrieved party,” he said.
Still, Marquez said the camp of Vizconde may file a motion for reconsideration, but the exercise would be futile.
The SC official earlier clarified that the ruling, which stated that the guilt of Webb and his co-accused was not established beyond reasonable doubt during trial, did not mean they were innocent.
“The Supreme Court is saying here there is not enough evidence. The prosecution was not able to prove guilt beyond reasonable doubt. The court is not saying they are innocent,” he stressed.
The SC official also added that Webb and the other accused acquitted by the High Court may seek civil damages from the government for their wrongful imprisonment for over 15 years.
“That would have to be dealt with on a separate case. They should follow the process and should first prove they were indeed wrongfully jailed,” he explained.
Voting 7-4, the SC acquitted on Tuesday Webb and the other accused based primarily on inconsistent testimonies of star witness Jessica Alfaro during the trial. – Edu Punay
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