Hubert's personal letter to De lima

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. -Hubert Jeffrey P. Webb


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.

Sincerely,

Hubert Jeffrey P. Webb