Side note: Thank you to No Name for providing the links. Saved me time from searching. :)
MANILA, Philippines - The Supreme Court (SC) has set aside its earlier resolution granting the request of Hubert Webb, one of the principal accused in the killing of Estrellita, Carmela and Anna Marie Jennifer Vizconde, on June 30, 1991, for a deoxyribonucleic acid (DNA) testing and analysis of the semen specimen taken from the cadaver of Carmela, who was raped prior to her murder.
The Vizcondes were killed at their residence in BF Homes, Parañaque.
In an En Banc Resolution dated October 19, 2010, the Court granted the Motion for Reconsideration of the solicitor-general to its April 20, 2010 Resolution which granted Webb's request for DNA testing.
The High Court said "it is evident that the [National Bureau of Investigation] NBI could no longer produce the semen specimen/vaginal smears taken from the cadaver of Carmela Vizconde y Nicolas. Consequently, the DNA analysis ordered by this Court upon the request of appellant Webb, can no longer be done".
The NBI formally informed the Court on April 27, 2010 that the semen specimen/vaginal smears and all original documents including autopsy and laboratory reports, and photographs are no longer in the custody of the NBI as these were submitted as evidence to the Parañaque City Regional Trial Court (RTC) Branch 274.
The RTC, meanwhile, claimed on May 21, 2010 that there was no showing of actual receipt of the mentioned evidence.
"The Court may now proceed to resolve the issues raised in the petition/appeal on the basis of existing evidence which have been formally offered by the parties and/or made part of the records," the Resolution said.
The Court said Webb's arguments and that of the other accussed-appellants Hospicio Fernandez and Antonio Lejano, who commented to the Motion for Reconsideration of the solicitor-general, will be considered in its decision.
On January 6, 2000, Parañaque RTC Branch 274 Presiding Judge Amelita Tolentino rendered her decision, sentencing Hubert Webb, Peter Estrada, Hospicio Fernandez, Michael Gatchalian, Antonio Lejano II and Miguel Rodriguez to life imprisonment.
This decision was affirmed by the appellate court on December 16, 2004.
Webb and his co-accused elevated the matter of their conviction before the Supreme Court.
Written by: By Ina Reformina, ABS-CBN News
Posted at 10/27/2010 4:15 PM
source
No comments:
Post a Comment