By Marlon Ramos
Philippine Daily Inquirer
First Posted 16:01:00 10/27/2010
MANILA, Philippines – The Supreme Court has reversed its decision granting the request of Hubert Webb to subject to DNA testing the semen taken from the body of rape victim Carmela Vizconde, ending legal impediments for the tribunal to finally resolve the two-decade-old case.
In an eight-page resolution, the tribunal granted the motion for reconsideration filed by the Office of the Solicitor General, which argued that the high court’s April 20 resolution granting Webb’s request violated the Rules of Court regarding DNA testing.
The high court also noted the admission of the National Bureau of Investigation that it “could no longer produce” the semen samples taken from the victim’s cadaver.
“Consequently, the DNA analysis ordered by this court upon the request of appellant can no longer be done,” the court said in the October 19 resolution, which was released on Wednesday.
“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,” it added.