Life goes on for Hubert after CA ruling

The decision of the Court of Appeals (CA) that affirmed the ruling of the Parañaque City regional trial court on the June 1991 Vizconde massacre came as a shock to former senator Freddie Webb, but not to his son Hubert, one of those convicted in the killings.

While the former senator expressed exasperation over the CA ruling, his son was quietly contemplating his fate behind bars at the maximum security cell at the National Penitentiary in Muntinlupa City where he is now serving a life sentence.

In an exclusive interview with The STAR yesterday, the elder Webb described how his son received the news about the CA decision calmly when they spoke over the phone later that day.

"Of course, he (Hubert) was not feeling well and feels sad about it. But he’s more concerned about us than about himself," the former senator and basketball star said.

"He (Hubert) told me he does not want anybody from (our family) to feel sad for him. Anyway, he said, we can still celebrate Christmas together there in prison," Webb said.

Hubert, now 36 years old, has been in jail for the past 10 years serving his life sentence for the infamous Vizconde massacre.

He is the fourth of the six children of the Webbs. His equally famous siblings include Pinky Webb, a familiar face on ANC cable news television, and Jason, a professional basketball player who followed in the footsteps of his father by joining the pro league.

Jason was retired by injuries and is now on the PBA television panel.

Five years after the judgment, the CA upheld the ruling of Parañaque City regional trial court Judge Amelita Tolentino imposing life sentences on Hubert, Peter Estrada, Hospicio "Pyke" Fernandez, Michael Gatchalian, Antonio "Tony Boy" Lejano and Miguel Rodriguez for the murders of Estrellita Vizconde and her daughters Carmela, 19 and Jennifer, seven.

The CA also upheld Judge Amelita Tolentino’s ruling, handed down in January 2000, in finding former Parañaque policeman Gerardo Biong guilty as an accessory in his effort to cover up the crime by destroying the evidence. Biong is also serving an 11-year prison term.

The CA decision would mean Hubert and his co-accused will continue to serve their life sentences while lawyers ponder their next move.

The elder Webb said he was more sorry for his son with this latest setback.

"This is really just a temporary setback because we believe, we still have hopes that we will eventually win our case at the Supreme Court," he said.

"I have always advised him (Hubert), forget about what you’ve lost but look at what you still have," the 62-year old former senator recalls telling his jailed son.

Webb said he was hoping the CA would consider the case. "I really had high hopes at the CA that we would win Hubert’s case. But we lost it again," he said.

Webb said he will elevate his son’s appeal to the Supreme Court (SC) though their lawyers have advised them to instead file a motion of reconsideration on the CA decision.

"It is like they (CA) took away our hopes," Webb said. "Our only solace is the Supreme Court which is the last bastion of hope for justice."

For starters, Hubert’s lawyers will re-submit for the CA’s reconsideration several "authentic" documents out of the 250 pieces of evidence they submitted to the court and present 40 more witnesses to confirm that he was in the United States when the murders took place.

The official documents include those submitted by the US State Department, the US Department of Motor Vehicles (DMV) and the US Federal Bureau of Investigation (FBI) indicating Hubert’s presence in the US when the crime was committed.

Webb cited the note verbale signed by no less than by former US State Department Secretary Madeleine Albright certifying the entry and stay of Hubert in the US during the time the crime was committed.

Webb bitterly recalled how Judge Tolentino ignored the document and insisted that Albright herself testify to validate that she, indeed, signed the document.

In lieu of Albright, defense lawyers presented former foreign affairs secretary Domingo Siazon Jr. in claiming Albright signed the certificate upon official request by the Philippine government.

Another document that was ignored, Webb said, was the FBI report signed by Robert Hefner detailing the almost day-to-day activities of Hubert during his stay in the US from the time he entered the US mainland until he left to return to Manila. Among these documents, he said, were Hubert’s paycheck slips and an official receipt for a bicycle bought by Hubert on that same day June 30,1991 with a signed customer receipt.

Former National Bureau of Investigation director Epimaco Velasco had testified that the FBI issued this report about Hubert in response to an official request by the NBI.

Webb added the DMV report on Hubert’s driver’s license issued during the same period as his stay in the US was also disregarded by the lower court.

He recalled his former lawyer/consultant, now Supreme Court Associate Justice Antonio Carpio, also testified they had a conversation in Anaheim, Los Angeles with Hubert.

Carpio testified that Webb, who was at the time still a congressman from Parañaque, called him up on June 29 as recorded in his logbook to confer about some pending bills in Congress.

"Let God punish me if I and my son Hubert were not in the US during those times," Webb said.

"These documents showed we were there. These are authentic documents. They were not altered and (there is) nothing fishy in them that they would find (anything) wrong," he said.

Webb claimed the real killers "are still out there while my son is still in jail."

He said the best years of his son’s life have been wasted through a wrongful conviction.

The former senator said they are not losing hope of setting Hubert free in their battle for truth and justice.