Vizconde not giving up; seeks reversal of ruling on Webb acquittal

MANILA, Philippines (UPDATED) - Lauro Vizconde shrugged off the double jeopardy principle, as he asked the Supreme Court to reverse a decision acquitting Hubert Webb et al in the Vizconde massacre case.

The high court was also asked to thresh out the testimonies of new witnesses through oral arguments on January 25.

Through lawyer Persida Rueda-Acosta, who is also chief of the Public Attorney’s Office, Vizconde filed on Wednesday a motion for reconsideration on the December 14 ruling of the high court.

In a 7-4-4 decision, the high court has allowed Webb, the son of a former senator, and other scions of influential families free from incarceration due to the inconsistencies in the testimony of the star witness.

The acquittal ruling bars the filing of an appeal as per the doctrine of double jeopardy.

Acosta had said any appeal will not violate the rule except when there is grave error on the part of the court in terms of the appreciation of facts. Both the trial and appellate courts found guilty Webb and the others.

In a separate interview, lawyer Demetriou Custodio told ANC that the Webb camp will not move unless ordered by the Supreme Court that they file a reply to the pleading.

He expressed surprise over the filing of the MR considering the well-entrenched double jeopardy rule.

“There is a fine point in the law that allows [an appeal]…but only when they’re appealing a void judgment,” he said.

Custodio stressed: “But how can you say that the SC issued a void judgment when it has validly exercised jurisdiction over the case?”

He expressed confidence that the high court will junk the appeal at first glance.
source:http://parol.abs-cbn.com/index.aspx