The High Court denied for lack of merit Vizconde’s motion that it reconsider its Dec.14, 2010 decision overturning the guilty verdict of a Parañaque City court in January 2000 against Webb, Hospicio Fernandez, Antonio Lejano, Michael Gatchalian, Peter Estrada, Miguel Rodriguez and Gerardo Biong for rape with homicide.

In full-court session, the magistrates maintained their 7-4 voting in favor of the accused. Again, four justices abstained.

The SC, said its spokesman Midas Marquez, cannot reverse itself because of the rule on double jeopardy.

The camp of Vizconde had insisted that the case should be an exception to the rule, citing the SC’s handling of the Aquino-Galman double murder case.

But Marquez explained that the Vizconde massacre case was different from the Aquino-Galman case. “The Court held that there was a sham trial in that (Aquino-Galman) case. In this (Vizconde) case, there was no allegation to that effect,” he said.

The High Court also junked the motion filed by a group led by former Vice President Teofisto Guingona Jr. in support of Vizconde.

Marquez said that in the double jeopardy rule, an acquittal of an accused in a criminal case is final except in very exceptional case like mistrial or grave abuse of discretion.

Vizconde, in his 84-page appeal, said the High Court “decided the case in a manner that resulted in the miscarriage of justice” and that it “committed grave abuse in its treatment of the evidence and the prosecution witnesses.”

“The judgment is a tainted judgment and is an exception to the double jeopardy rule. The highly questionable and suspicious evidence for the defense taints with serious doubts the validity of the decision acquitting the accused,” his lawyers from the Public Attorney’s Office (PAO) argued.

The camp of Webb, for its part, said the motion for reconsideration had no legal standing and that PAO lawyers had no authority to prosecute the case.

The SC also reprimanded Vizconde for alleging that Senior Justice Antonio Carpio had persuaded his colleagues to acquit Webb.

“The justices are very interested and they found these accusations very serious. If there is proof, then the Court will act on it. If none, then that issue should be closed and terminated,” Marquez said.

He said the justices had given Vizconde enough time to substantiate his claim.

The High Court also issued a show cause order against Dante Jimenez of the Volunteers Against Crime and Corruption for badmouthing the justices on national television.

Webb’s father, former senator Freddie Webb, lauded the new SC ruling.

“We’re happy, of course. This ruling closes the issue once and for all. We believe it is just right the Supreme Court justices stood by their decision,” he told The STAR over the phone.

The “Justice for Hubert Webb” Facebook community also issued a statement praising the High Court.

Webb’s Facebook supporters, reportedly numbering more than 8,000, have also expressed belief Vizconde should be cited for contempt if he fails to prove his allegation against Justice Carpio.

In its statement, the group called Vizconde’s accusing Carpio “a selfish effort to sow doubt in the minds of our countrymen as to the justness of a decision, which he finds unfavorable to him.”

“While freedom of speech is a constitutional right, hurling these baseless accusations of partiality and corruption against members of the highest court of the land is disrespectful and unpatriotic,” the group’s statement read.

“We demand that Mr. Vizconde back up his claims either by naming the three judiciary members, or by going ahead and filing the case against Justice Antonio Carpio once and for all. Otherwise, he should just keep quiet. If he continues on this course, the Supreme Court ought to find him in contempt,” it said.

They also voiced approval of the SC’s show cause order against Jimenez.

“He should also be held accountable for resorting to language that speaks of poor upbringing and lack of proper education in expressing his disdain over the Supreme Court’s decision,” the group said. “The question remains, should this be left unpunished?”

Last Friday, the SC dared Vizconde to prove his allegation and file an impeachment complaint against Carpio if he could find any evidence against the magistrate.

Vizconde had threatened to file an impeachment case against Carpio for “betrayal of public trust and graft and corruption.”

“This is not the first time. The last time that allegation was hurled, we already told them to substantiate and they have not done anything to substantiate – they have not even mentioned anyone. So it’s useless to argue about these issues,” the SC official stressed.

The SC official said that if Vizconde and his supporters failed to come up with evidence and prove their allegations, they should just shut up.

“If they don’t have any evidence and all will be just hearsay, then I think it’s their responsibility to keep quiet first until they have substantial evidence to prove their allegations,” he stressed.

Carpio is reportedly a close friend of the Webb family. He testified for the defense during the trial of the case.

Edu Punay, Philippine Star