Friday, January 21, 2011
Dear Secretary De Lima,
I am most concerned by recent directives coming from your good office, in line with the reinvestigation of the Vizconde case, of which I was a co-accused. I, with six others, were exonerated by the Supreme Court on December 14, 2010, after being wrongfully imprisoned for 15 years. The happiness and magnanimity I felt upon my vindication was short-lived. I thought my nightmare has ended. I had hoped to be integrated slowly back into society, but sadly and alarmingly, I am being dragged into the same nightmare again.
It takes many years of blood, sweat, and tears to build a good life, and only one malicious accusation to shatter a life to pieces. You cannot imagine the agony and disbelief I felt when I was adjudged guilty by the lower courts for a crime I did not commit. Everyday was a struggle to keep my sanity intact, and keep the hurt and despair at bay. I believed that justice will eventually come my way, even after I was burnt twice, for my faith in God and my family was even more steadfast. My family has suffered immensely for many years from this unceasing persecution and character assassination. We have lost so much. I have lost my youth and my dreams. My name is all I have now.
As an advocate of human rights, I implore you to consider all the evidence we presented that unmistakably proves my innocence. I should not have to go through this again. Fifteen years ago, I should have been guaranteed the right to due process and the presumption of innocence, both of which were flagrantly disregarded and denied me during the trial. Article 10 of the Universal Declaration of Human Rights clearly states that “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” In any criminal trial except self-defense, the burden of proof rests on the prosecution. It is not the burden of the defense to prove a man innocent. The Supreme Court acting on my appeal, has decided that the prosecution has failed to establish guilt beyond reasonable doubt. Since I should have been presumed innocent to begin with, my innocence should therefore stand and remain secure on my acquittal. Why then, have so many people reverted to that guilty presumption when they mention my name?
Mr. Vizconde and his supporters have been engaging in machinations, insinuations, and the flagrant distortions of facts by focusing doggedly and too aggressively in trying to pin the blame on me, instead of looking for the real killers. I cannot be tried for the same offense because it would violate the principle of Double Jeopardy, but they can cast doubts on my innocence and destroy any chance I have of living a peaceful and normal life. It is unfair because I cannot confront in court these accusers and the new witnesses that are materializing from out of the blue after almost 2 decades. I am being condemned by the public on mere speculations and conjectures, and sometimes, my facial expressions and reactions. They welcome neither fact nor evidence if it would absolve me.
Though it is getting to be emotionally taxing, I have always tried to keep my composure and face my accusers with dignity and courage. For I know the truth, even if others hide from it or ignore it. And there is nothing so clear and simple as the truth. I was 8000 miles away when that heinous crime happened. Normally, before criminal charges would even be considered, the whereabouts of a suspect at the time of the crime, known as an alibi, should be verified. If it checks out, then investigators would move on to other leads and suspects. This is what the former NBI directors Epimaco Velasco and Alfredo Lim had the good judgment to do, but Mariano Mison failed to do. It is not as if I did not have mounds of evidence, testimonial and documentary. I had both Philippine and US immigration records, airline records, passport, check payments while working in California, my US driver's license, videos, purchase receipts, and 95 credible and upstanding witnesses to back up my alibi. On the other hand, there is not a shred of physical evidence that would link me to this crime, just one incredible and inconsistent testimonial evidence from Jessica Alfaro, whom the Supreme Court has ascertained to be an NBI informant and a drug addict. All the NBI needed to do was check out my alibi, for the law of physics would dictate that I could not possibly be in two places simultaneously. It was as simple as that. When the NBI and DOJ headed by Teofisto Guingona asked help from the US government to investigate and verify, they did so and issued a note verbale lending credence to my alibi. How can this certification from the US government, signed by then Secretary of State Madeleine Albright, be tampered when they themselves requested it? Going against ethical standards, this document was hidden from my defense lawyers and the public. This act trampled over my rights and obstructed justice. Withholding evidence could also be applied when the prosecution tried to suppress the existence of Alfaro's first sworn statement dated April 28, 1995. Justice Sereno, in a separate concurring opinion dated December 14, 2010 thus stated, "Some examples of prosecutorial misconduct would be the intimidation of defense witnesses, the obstruction of defense lawyers’ access to prosecution witnesses, the coercion of confession from the accused, the issuance of prejudicial comments about the accused, the mishandling and/or withholding of evidence, and the failure to preserve evidence." The very same people sworn to protect the innocent and uphold the law, were the very ones who violated them.
Judge Tolentino set the tone for my conviction when she threw away the 132 documentary evidence I had, denied the motion for deposition of witnesses residing in the United States, and denied my request for the DNA test and polygraph test. Ignoring potentially exculpatory evidence, cast doubts on her impartiality, The prosecution opposing potentially inculpatory evidence, defied logical reasoning. Losing the semen sample, violating my right to due process again, was the last of a series of acts that clearly show a pattern to incriminate me. My innocence would shine like a beacon if people would only accept the fact that I was a victim of injustice too.
The Supreme Court already found Jessica Alfaro to be incredible and her testimony to be riddled with holes. She cannot change her testimony. If she adds further embellishments, then her repute as a fabricator would be sealed even more. Having said that, I welcome any course of action that would help clear my name, and since you have included me in this reinvestigation, when I have already been acquitted, it is only fair that you include all my accusers also. I am determined to know the reasons behind these tenacious efforts to incriminate me.
The past two governments did not seem interested in real justice for this gruesome crime. This new government and your outstanding reputation as a lawyer gives me hope that I can live normally and freely. My lawyers and I, are making ourselves available to you and only you, should you have any questions that need clarification. May I humbly request the following from you? It will help clear my name, and the government will waste no more time and utilize fewer resources in finding the real perpetrators of the crime.
1. We have submitted numerous documents to show I was in the USA. A re-examination and an authentication of these documents will speed up the investigation. The Supreme Court has confirmed the veracity of these documents. Maybe a few phone calls to proper authorities can reconfirm and authenticate these documents.
2. In the spirit of fairness, if you have agents working in the USA looking for Filart, Ventura, and Alfaro, they might as well interview the following people to support the authenticity of these documents as well as my whereabouts. [–list of people]
3. Please take a look at Jessica Alfaro’s two conflicting affidavits, and investigate why she has two affidavits. There are court records also of her cross examination by our lawyers.
I hope you would report to the press and media the results of your investigation of my three concerns above. It is very frustrating and distressing that the name Hubert Webb is still being reviled as a killer and a rapist. I understand the clamor for heads to roll for this horrific crime, but why should it be my head again? It would be more prudent to look at other suspects. I hope you find probable cause to make an arrest before the period of prescription expires in 5 1/2 months. I am one with the entire nation in praying that justice and truth for the Vizconde victims be fully realized.
Hoping for the best and may God bless you.
Hubert Jeffrey P. Webb
Tuesday, December 28, 2010
I was barely 6 when the infamous Vizconde massacre happened, back then pictures of the victims weren't censored so the vision of them got stuck in my young mind. I was 10 when Jessica Alfaro surfaced with her testimony and pointing at Hubert Webb as the mastermind together with his "gang", as young as I was my gut feeling said there is something strange about her so I wasn't convinced with her story. I was even mobbed by some classmates for siding with the Webbs in one of our Araling Panlipunan debates. I was 15 when the guilty verdict was given by Judge Amelita Tolentino, I was puzzled when people were rejoicing with the verdict but something in me keeps on saying that there is something wrong.
Thank heavens for the world wide web and Facebook that I was given the chance to search for the truth. By joining the group I was able to answer if not all then most of my questions about the case. These are the major factors that solidified my instinct that Hubert Webb is innocent (take note I didn't say not guilty but innocent) :
First. Law of Physics says it all. One cannot be in two places at once. Hubert was in the USA when the gruesome killings happened so it is impossible for him to be at the Philippines on the same day. Every document needed were presented to prove his alibi but the prosecution discredited it by merely saying that the Webbs are so powerful & rich that they can fabricate & falsify the said documents, heck even Judge Tolentino herself said those. They even attempted to hide the note verbal that was issued by the US Government and signed by Madelaine Albright, the Secretary of State. The procurement of the said document was never informed to the Webbs.
Okay, for the sake of argument that Hubert did came back to the Philippines to perform the crime and come back to the US right after. let us see how will be considering the time difference of US & Philippines.
Mt. Pinatubo erupted on June 15, 1991. If we can all recall, the ash fall lasted quite awhile and many airline flights were cancelled. And let's say, for the sake of argument, there were no ash fall that time and Hubert did not buy the Cannodale bike (with a lifetime warranty may I just add) on June 30, 1991. According to his work ledger, his last day of work for the month of June was on the 28th of June, 1991, a Friday. Daylight Saving Time is used in the US on June. And on Pacific Daylight Saving Time, the Philippines is ahead of California by 15 hours. Let's say Hubert got off work at 5 pm, Pacific Daylight Saving Time on June 28, 1991, which would be 8 am, June 29, 1991 in the Philippines. He then goes straight to the airport and the plane leaves at 8 pm Daylight Saving time. If he takes a Philippine Airlines flight, it would be approximately 16 hours with a stop in Guam. (And if you take China Airlines, for example, the total duration could be 17 hours, with a one hour layover time). Let's use the 16-hour flight. By the time his plane arrives in Manila, it would have been 3 am already on June 30, 1991, Manila time. The crime would have already been committed at tapos na makipag-session si JA with her imaginary friends at the Alabang parking lot.
I know most of the people say that an alibi is the weakest form of defense but let me tell everyone for the nth time that an alibi that is backed up with solid evidences such as documents, videos and eye witness accounts by morally upright people is enough to say that someone is innocent. But why did it took 15 years for them to decide if indeed Hubert was in the USA when it all happened? I must say conspiracy between Mison, Tolentino, Guingona, Cayetano and all the others who pulled the strings as this puppet show manipulated the minds and emotions of the people.
Second. DNA. I know that this wasn't the basis of the Supreme Court for the acquittal and not an actual DNA test was performed but still this is an important factor on the case.
Semen sample was taken from the body of Carmela Vizconde and it is under the custody & safe keeping of NBI. Unlikely to what other people know, the Webbs requested for a DNA test back in 1997 but was surprisingly objected by the prosecution saying that the sample weren't preserved well and more surprising is the judge sustained the objection adding that the DNA test will just complicate the case and the result is irrelevant that even if it is not Hubert's sperm it doesn't mean he did not kill the Vizcondes.
But let us keep in mind, would a guilty person in his right mind offer his DNA sample? If you are the real perpetrator and a semen sample is available then wouldn't you do anything to avoid the dreaded DNA test? And as for the prosecution, in the aim of wanting to know the true criminals isn't something as solid as a DNA result a major factor for the quest for truth?
Now that the NBI conviniently lost the said semen sample then more suspicions are surfacing. Did they purposely lose the specimen since the Supreme Court ordered for the DNA testing and they know for sure that it is not Hubert's? Who were the ones who didn't want the DNA test to happen? Surely it is not the Webbs.
Third. Jessica Alfaro's loopholes. Her character alone is already questionable. How much more if she made two sworn affidavits, completely different from each other. How could one believe such crooked and unrealistic witness. And if you are indeed a close friend of the accused will it take you 40 minutes to identify them inside a courtroom?
These are some examples of the inconsistencies of the affidavits she swore on:
(from http://www.facebook.com/group.php?gid=115489978501905#!/topic.php?uid=115489978501905&topic=105 )
On whether Alfaro knew Carmela before the incident in question
First Affidavit: She had NOT met Carmela before June 29, 1991.
Second Affidavit: "I met her in a party sometime in February, 1991."
On whether Alfaro saw the dead bodies
First Affidavit: She did not see the three dead persons on that night. She just said "on the following day I read in the newspaper that there were three persons who were killed . . ."
Second Affidavit: "I peeped through the first door on the left. I saw two bodies on top of the bed, bloodied, and in the floor, I saw Hubert on top of Carmela."
On the alleged rape of Carmela Vizconde
First Affidavit: She did not see the act of rape.
Second Affidavit: She saw Hubert Webb "with bare buttocks, on top of Carmela and pumping, her mouth gagged and she was moaning and I saw tears on her eyes."
On how Webb, Lejano, and Ventura entered the Vizconde house
First Affidavit: "by jumping over the fence, which was only a little more than a meter high."
Second Affidavit: They "entered the gate which was already open."
On whether Alfaro entered the Vizconde house
First Affidavit: She never entered the house.
Second Affidavit: "I proceeded to the iron grill gate leading to the dirty kitchen."
She had nothing to lose and a whole lot to gain when she testified against Hubert et al. She gained publicity, money, movie deal, celebrity status, freedom for her drug convicted brother and even a husband since she married her former NBI escort. Her ulterior motives are so clear and it is such a wonder why the prosecution, Tolentino and the Court of Appeals believed in her.
To be honest there are a lot more things that will convince someone that Hubert is innocent. Prominent and morally upright people that attests to his innocence. People that has everything to lose & nothing to gain believed in him because it is the truth.
Yes, I may be young when all these things happened but never will I let my age be a hindrance for me to take a stand and stay on the side of truth. I am gifted by the Lord with wisdom to discern what is right from wrong that's why I clearly can say that Hubert Webb is innocent.
I do not need to swear on someone's grave to prove that this is true. I know that when I face our Creator, I will be able to say to Him confidently that on this case, I was on the side of truth. Do I need to prove more?
by Nikki Luna
The paramount purpose of a trial is to make sure that convictions are made fairly and accurately. Court decisions should be made SOLELY on verified facts and sound testimony.
In law, there is absolutely no room for speculation.
here are the answers to the most frequently asked questions. These show that Hubert’s innocence cannot be disputed.
Q: Does Hubert really know Carmela?
A: NO, he never met her. They do not know each other. And not a single person testified against this fact aside from Alfaro.
Q: Was he ever a suitor?
A: NO, he was never Carmela’s suitor. And he went as far as saying he never met her. Hubert does not know Carmela.
Q: Does Hubert know Jessica Alfaro?
A: Definitely NOT. And again not a single person testified to the fact that he met Alfaro.
Q: Is it true that Hubert is “barkada” with the other suspects?
A: NO. The only ones he knew whom Alfaro implicated in the crime were Pyke Fernandez who was Hubert’s good friend and Miguel Rodriguez who was an acquaintance he met through basketball.
Q: Is it true that the accused are a circle of friends?
Q: Is it true that a maid actually washed a bloodied shirt?
A:No. Court records that the maid was not employed by the Webbs at the time of the Vizonde massacre. This was corroborated by the testimony of the owner of the agency from where the maid was hired.
Q: Where was Hubert On June 30, 1991?
A: Hubert was in the United States. He was in Orange Cycles, a bike store in Orange County , CA. Hubert bought a Cannondale bike from owner John Pavlisin. The bicycle is still in possession of the Webbs to this day.
Q:What evidence was presented by Hubert?
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. Dozens of eyewitness accounts all of which were excecuted by members of society all of which have much to lose had they perjured themselves in court. The more prominent ones, Entertainer Gary Valenciano and Supreme Court Justice Antonio Carpio who also testified that he knew that Hubert was in the U.S, based on his conversations with Freddie Webb who was in the U.S. right before the time of the incident.
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.
Q: How come the evidence/proofs/documents etc. were junked by the court without the necessary justification?
A:Because the judge was in cahoots with the prosecution to put 7 innocent people in jail. To be able to “solve” a crime. Completely disregarding their rights.
Q: Do the Webbs know Biong? Was he really a driver/bodyguard of the Webbs?
A:No. Not one member of the Webb family has ever met nor seen Biong prior to Jessica Alfaro’s story.
Q: Did the Webbs asked for a DNA test? When?
A:The Webbs asked for a DNA test way back in 1997. The prosecution strangely objected to the test on the grounds that the samples “maybe” contaminated. Even more strange, the judge sustained their objection. The Supreme Court recently allowed a DNA test, but the NBI and the trial court have been trading accusations on who is in possession of the DNA sample. Unfortunately, neither the NBI nor the trial court could produce the semen sample.
Q: Did the Webbs ask for a lie detector test? When?
A:Yes, as early as when Jessica came out with her story the Webbs challenged her to take a lie detector test. And Jessica Alfaro refused on the basis that this was not admissible in court. Please note that Hubert was willing to take a lie detector test at anytime to prove his innocence.
Q: Are the Webbs related to any Supreme Court judges?
A:No. Contrary to Mr. Vizconde’s claims, Elizabeth Webb is not related to Justice Carpio’s wife (who happens to be Vietnamese). Elizabeth webb is from Batangas.
Q: Are they connected to the FBI? Secretary of State? UNCIS? BI? Etc.
A: Absolutely not.
Q: What about the security guards who supposedly "saw" Hubert Webb?
A: Both security guards surfaced 4 years after the crime conveniently after jessica alfaro surfaced to corroborate her story..During the thorough investigation of the NBI n the PNP, no mention was ever made concerning the security guards. Since they were not self confessed drug addicts like Alfaro shouldn't they have reported this discovery to the authorities as soon as Hubert Webb was made a suspect as early as 1991?
Q: How long did Hubert Webb stay in the United States?
A: Hubert Webb was in the United States from March 9, 1991 to October 26, 1992