NBI insists: We don't have Vizconde specimen

ABS-CBN News

Posted at Jul 26 2010 02:54 PM | Updated as of Jul 27 2010 11:00 PM

MANILA, Philippines - The National Bureau of Investigation on Monday maintained that it no longer has the forensic evidence that was used  in the 1991 Vizconde rape-murder case.

The Supreme Court earlier ordered the NBI to give proof that it has turned over to the Parañaque Regional Trial Court (RTC) a DNA specimen taken from rape victim Carmela Vizconde.

Specifically, the SC ordered NBI to explain the conflicting representations in its April 27, 2010 Compliance and Manifestation that the specimen was already turned over to the Parañaque RTC branch 274 as early as 1996, when in its 1997 letter, it categorically stated that "the specimen gathered is still existing and in the custody of the Bureau" as of April 23, 1997.

In response, the NBI resubmitted an affidavit from former NBI medico-legal division chief Prospero Cabanayan saying that the specimen was turned over to the Parañaque RTC. The affidavit stated the NBI had no turnover receipt of the specimen except for a small notation on an envelope.

The Parañaque clerk of court earlier denied receiving the forensic specimen from NBI. 

A Parañaque court earlier convicted Hubert Webb and 5 others for the massacre of Carmela Vizconde, her mother Estelita and younger sister Jennifer in 1991. The conviction was affirmed by the Court of Appeals in December 2005.

Last April, the Supreme Court granted Webb's request to submit for DNA analysis the specimen taken from the murder victim.