 |
| A diagram found on Facebook, apparently owned by the late Miguel "Juan" Del Gallego y Ripoll |
The arrest of the suspects on September 15, 1997
The documentary presented the eight suspects. During a Q & A session, we have both Director Michael Collins and Marty Syjuco. Marty Syjuco admitted that he was the brother of Miguel Syjuco, husband to Mrs. Mimi Larrañaga-Syjuco. Mrs. Syjuco is Paco's older sister and they have one brother, Imanol. The parents are both Manuel Larrañaga (a Spanish citizen) and Mrs. Margarita Gonzales-Larrañaga (who I think is a first-degree cousin of the late Emilio Osmeña, a presidential aspirant at that time). Collins did answer about Davidson's case referred to as "Rusia".
There were attempts to find Davidson. Both the director and producer hired a private detective. It was their biggest frustration. Davidson would've held a huge key to the case. Later, it seems Davidson has been found after many years but his location remains unknown. Some Facebook account called "Dave Fong" was found and could be Davidson himself. I'm unsure but the profile owner looks like Davidson. The makers of the documentary believe that Davidson was also another fall guy. The documentary revealed that Davidson was unqualified to be a state witness. Davidson was also tortured into telling a lie according to the documentary. Screenshots of the affidavit were made known as well. A certain Rebecca Manlabao Escoto publicly posted some photos of who could be Davidson himself.
The former NBI director, Florencio O. Villarin, confessed that Paco got into a fight in a parking lot. Yet, the same person also revealed that Paco wasn't among the many drug users on the list of the NBI. True, Paco did have his offenses but should we falsely accuse anybody of what they didn't commit?
 |
| Fashion Pulis |
The Calvento Files episode which aired during the trial
Niño Muhlach was asked to portray Paco. Years later (in 2018), Nino apologized to Paco for the negative portrayal that happened in 1997. I wondered why in the world did Nino apologize to Paco? I finally remembered the episode from The Calvento Files. I could only remember Gina Alajar as Mrs. Chiong, Ruben Austria as Mr. Chiong, and Angelica Panganiban as the youngest sister Debbie. I realized that Paco was played by Nino--who is fat and good-looking.
What was the whole basis anyway? The narration of Davidson himself? The documentary rightfully brought up the episode. A short clip could be seen where Davidson's testimony was played. Nino did a good job portraying a villainous Paco. One must question the motive behind the showing of the episode anyway? I watched it and I was incensed by it. I thought everything was getting clearer. What I didn't realize years later would bite me back. It was the fact that Paco was really in Quezon City during the night of the crime. The judge ignored all that evidence. The investigation program was likely only after ratings during that time. The whole thing was likely done to more views instead of spreading the truth!
A deleted scene featuring a certain Dogan Gurkan can be found on Michael Collins' Youtube channel. I was wondering why the scene wasn't put into the film? I guess it was taking up the intended time. What was amazing was that looking back at some old clips, Villarin interviewed the owner of the boarding house in Guadalupe. The place was too small to house 10 people (eight suspects plus the two girls) to have a gang rape party. Gurkan was also denied the right to testify. Gurkan did say that there could be other culprits, he could tell that Davidson was lying and that he sympathized with the Chiongs. I sympathize with them too but I'm not happy with how innocent people got wrongly tagged.
The courtroom was a circus of gossip over facts that started on August 12, 1998
Mrs. Syjuco herself was practically not too pleased with how the trial went. Fortunately, she's got her brother-in-law in this. It may seem biased but there were also other witnesses. One of the witnesses was Raymond Alvin Garcia, the current vice mayor of Cebu City. Just listening to the witnesses' stories makes me feel angry. Mrs. Syjuco even described the judge to be very unbecoming. Footage of the late Judge Martin Ocampo falling asleep was there. What kind of judge falls asleep during an important trial? The judge would simply just dismiss evidence, the witnesses for Paco because they were "too many", said that the identity of the body was no longer important, had some lawyers sent to jail when they questioned him, and said the pictures were probably edited. Even worse, witnesses presented the negatives which the judge also ignored. What kind of judge refuses to analyze evidence before giving his judgment? We might as well call him a judgmental judge, right?
This is where things get tough. What happened to that right in the Philippine Constitution? It was already bad enough that The Calvento Files was aired during the trial. The whole dramatization was mostly based on what Davidson told the court. One reason I think why there's the right to be proven innocent until proven guilty is this. I believe it has to do with a crime that happened and you may never know who did it. Sometimes, a criminal accusation can be based on fabrication or half-truths. A crime can happen and be a perfect opportunity to frame somebody. I believe that public opinion was already formed based on the narration of an unqualified state witness. The episode filled me with so much rage back then. I was already calling for the deaths of those dubbed the Cebu Seven. I never realized that an innocent man was charged with a crime he never committed.
The right to be assumed innocent until proven guilty was ignored. I believe that it's because the wrong person may have been caught. I could remember Paco's asking for help. Paco mentioned that he felt sorry for the Chiong family while confessing that he had nothing to do with the crime. Come on, there were 45 witnesses from Manila whom Ocampo eventually dismissed. There was photographic evidence that wasn't tampered with. The judge assumed the seven were guilty even when the wrong people may have been caught. That's why the Larrañagas were distraught when the Supreme Court of the Philippines later put Paco and the others (except one who was a minor in 1997) on death row.
What's even more amusing (and frustrating) is to read about the seven suspects who couldn't have committed the crime. The following information was put in the "infallible" Supreme Court E-Library which was information most likely not paid attention to by the judge himself (and not included in the documentary):
Larrañaga, through his witnesses, sought to establish that on July 16, 1997, he was in Quezon City taking his mid-term examinations at the Center for Culinary Arts. In the evening of that day until 3:00 o'clock in the morning of July 17, 1997, he was with his friends at the R & R Bar and Restaurant, same city. Fifteen witnesses testified that they were either with Larrañaga or saw him in Quezon City at the time the crimes were committed. His friends, Lourdes Montalvan,[39] Charmaine Flores,[40] Richard Antonio,[41] Jheanessa Fonacier,[42] Maharlika Shulze,[43] Sebastian Seno,[44] Francisco Jarque,[45] Raymond Garcia,[46] Cristina Del Gallego,[47] Mona Lisa Del Gallego,[48] Paolo Celso[49] and Paolo Manguerra[50] testified that they were with him at the R & R Bar on the night of July 16, 1997. The celebration was a "despedida" for him as he was leaving the next day for Cebu and a "bienvenida" for another friend. Larrañaga's classmate Carmina Esguerra[51] testified that he was in school on July 16, 1997 taking his mid-term examinations. His teacher Rowena Bautista,[52] on the other hand, testified that he attended her lecture in Applied Mathematics. Also, some of his neighbors at the Loyola Heights Condominium, Quezon City, including the security guard, Salvador Boton, testified that he was in his condo unit in the evening of July 16, 1997. Representatives of the four airline companies plying the route of Manila-Cebu-Manila presented proofs showing that the name Francisco Juan Larrañaga does not appear in the list of pre-flight and post-flight manifests from July 15, 1997 to about noontime of July 17, 1997.
Meanwhile, James Anthony Uy testified that on July 16, 1997, he and his brother James Andrew were at home in Cebu City because it was their father's 50th birthday and they were celebrating the occasion with a small party which ended at 11:30 in the evening.[53] He only left his house the next day, July 17, 1997 at about 7:00 o'clock in the morning to go to school.[54] The boys' mother, Marlyn Uy, corroborated his testimony and declared that when she woke up at 2:00 o'clock in the morning to check on her sons, she found them sleeping in their bedrooms. They went to school the next day at about 7:00 o'clock in the morning.[55]
Clotilde Soterol testified for Alberto and Ariel. She narrated that on July 16, 1997, at around 7:00 o'clock in the evening, Alberto brought the white Toyota van with Plate No. GGC-491 to her shop to have its aircon repaired. Alberto was accompanied by his wife Gina Caño, co-appellant Ariel, and spouses Catalina and Simplicio Paghinayan, owners of the vehicle. Since her (Clotildes') husband was not yet around, Alberto just left the vehicle and promised to return the next morning. Her husband arrived at 8:30 in the evening and started to repair the aircon at 9:00 o'clock of the same evening. He finished the work at 10:00 o'clock the following morning. At 11:00 o'clock, Alberto and his wife Gina, Ariel and Catalina returned to the shop to retrieve the vehicle.[56] Alberto,[57] Gina[58] and Catalina[59] corroborated Clotilde's testimony.
To lend support to Josman's alibi, Michael Dizon recounted, that on July 16, 1997, at about 8:00 o'clock in the evening, he and several friends were at Josman's house in Cebu. They ate their dinner there and afterwards drank "Blue Label." They stayed at Josman's house until 11:00 o'clock in the evening. Thereafter, they proceeded to BAI Disco where they drank beer and socialized with old friends. They stayed there until 1:30 in the morning of July 17, 1997. Thereafter, they transferred to DTM Bar. They went home together at about 3:00 o'clock in the morning. Their friend, Jonas Dy Pico, dropped Josman at his house.[60]
Any good judge would examine every piece of evidence. Instead, as the documentary set it, the judge made his own rules. That's probably why there was a case of graft against him. Did the judge blow off all of these to make it look like he was incorruptible? Josman, whose family is among the owners of Southwestern University, would naturally have such connections. Yet, why couldn't the judge try to contrast Davidson's testimony against those of the suspects? A suspect is still a suspect and somebody else may have committed the crime. Either the judge was stupid, was bought, or as I concluded the conversation, "He was both stupid and bought." This really makes your blood boil, right?
What about the conflicting stories between Paco and the school?
Regarding Paco’s and the Teacher’s Conflicting Stories... When Paco gave his written affidavit about July 16, I believe it was months after July 16. He was yanked from his home and brought to a precinct. In shock, in disbelief, harassed and pressured he was demanded to write what he was supposed to be doing on a particular normal day that happened months before. Because it was for a high-profile case he was not released and was only allowed to talk to lawyers and family members. They also had no idea what he was doing on July 16. So he had to rely on his own memory. Mind you he had no access to records or to people who were with him during that time. He couldn’t ask anybody or even check his schedule or notes if he had any. Let me ask you... without checking your smartphone, given his same condition of an accused in jail... would you be able to recall exactly what you were doing just last June 16, 2018... which was a month ago? Given it was an ordinary day? Can you get all your details exactly correct?
When his teacher later on testified in court about July 16... I believe more than a year had passed already. The teacher, who had access to her written schedules and her calendar, the chance to ask students and colleagues and the capacity to check class records... may be more accurate in her recollection. That is understandable.
But if both Paco and his teacher both had precisely identical testimonies... what would that mean? Either both had perfect memory of an ordinary day that happened a long time before... or one of them altered their story to fit the other. No, that didn’t happen.
A bit of common sense, please. Paco's mind may have been under so much stress after he was wrongfully arrested. Any stress can cause mistakes in memory recollection. Paco had no records whatsoever. It was with the teachers. It was already a month ago and his mind was under so much stress. The teachers were the ones who had the records. The teachers would be the ones who'd have the records such as the logbook and attendance sheet. I'm amazed that this certain Florence Dueñas Lagcao still rejects the evidence. I had a headache reading her statement. Jourdan himself gave some common sense test in regards to Paco's innocence of the said crime.
Could Paco ride a plane to Cebu City on July 16, 1999, to do the crime and fly back the next day?
 |
| Photo credited to Michael Collins and Marty Syjuco |
Not even Larrañaga who claimed to be in Quezon City satisfied the required proof of physical impossibility. During the hearing, it was established that it takes only one (1) hour to travel by plane from Manila to Cebu and that there are four (4) airline companies plying the route. One of the defense witnesses admitted that there are several flights from Manila to Cebu each morning, afternoon and evening. Taking into account the mode and speed of transportation, it is therefore within the realm of possibility for Larrañaga to be in Cebu City prior to or exactly on July 16, 1997. Larrañaga's mother, Margarita Gonzales-Larrañaga, testified that his son was scheduled to take a flight from Manila to Cebu on July 17, 1997 at 7:00 o'clock in the evening, but he was able to take an earlier flight at 5:00 o'clock in the afternoon. Margarita therefore claimed that his son was in Cebu City at around 6:00 o'clock in the evening of July 17, 1997 or the day after the commission of the crime. However, while Larrañaga endeavored to prove that he went home to Cebu City from Manila only in the afternoon of July 17, 1997, he did not produce any evidence to show the last time he went to Manila from Cebu prior to such crucial date. If he has a ticket of his flight to Cebu City on July 17, 1997, certainly, he should also have a ticket of his last flight to Manila prior thereto. If it was lost, evidence to that effect should have been presented before the trial court.
A big discrepancy in a day or two should've done it but why was that ignored? I could remember the colorful description that Mrs. Solita Garduno Collas-Monsod gave in the documentary. I may not like Mrs. Monsod's stance on being so anti-reform regarding the 1987 Constitution of the Philippines. However, I will agree with her that the justice system in the Philippines is really that bad. I laughed at how she described the judge's wild imagination. It was stated by her that the judge may have thought that Paco could hire a private plane, do the dastardly deed, and fly back to Manila to take his exams as if nothing had happened. Just the mere thought of it makes it look like a thing that fantasy villains could do. However, we're talking about real life here and normal people without superpowers!
Let's think about the fact that it takes only one hour to travel by plane from Manila to Cebu. Okay, let's assume that Paco did either (1) take a private plane, or (2) ride any flight, to do the dastardly deed. Now, let's say that he took the plane and finally arrived in Cebu at a certain time. Let's say that the Chiong Eight were there to greet him at the airport. Now, let's imagine that Josman, the two Uy brothers (James Anthony and James Andrew), Alberto Caño, Ariel Balansag, Rowen Adlawan, and Davidson Rusia were there to greet him. If I'm not wrong, Davidson never mentioned anything about meeting Paco at the airport. Be prepared to get your mind blown if you think about some common sense here.
Now, Paco is in Cebu and the other culprits are greeting him. Let's say that Josman, the Uy brothers, Alberto, Ariel, Rowen, and Davidson were already greeting him. However, Paco was rather overweight during the time when the crime happened. Let's say Paco really took a flight on July 16, 1999, to do the crime. The timeframe would've already dictated it. After one hour, Paco would need to unpack all his luggage especially if he's about to do a crime. Now, let's try to connect Paco's arrival to this event as described by the Supreme Court e-Library:
That on the 16th day of July, 1997, at about 10:00 o'clock more or less in the evening, in the City of Cebu, Philippines and within the jurisdiction of this Honorable Court, the said accused, all private individuals, conniving, confederating and mutually helping with one another, with deliberate intent, did then and there willfully, unlawfully and feloniously kidnap or deprive one Marijoy Chiong, of her liberty and on the occasion thereof, and in connection, accused, with deliberate intent, did then and there have carnal knowledge of said Marijoy against her will with the use of force and intimidation and subsequent thereto and on the occasion thereof, accused with intent to kill, did then and there inflict physical injuries on said Marijoy Chiong throwing her into a deep ravine and as a consequence of which, Marijoy Chiong died.
Let's say Paco arrived via some private jet and he was greeted by the seven others who turned out to be innocent of the crime. It's a shame, really, that the directors of Give Up Tomorrow were unable to find Davidson. Who knows what Davidson would've told them. Davidson is probably living in Bohol right now though it seems he also goes to the States. Now, the time frame when Paco would arrive at 6:00 P.M. Now, it would take at least 34 minutes (or even more back then) for Paco and his group to arrive in Cebu City. Let's say it would be 7:00 P.M. (or more) since it was a rainy night when the Chiong Sisters were kidnapped. So, Paco and his men would have to stand by somewhere. Paco would need to take a rest, unpack his stuff, and more before they can proceed to Ayala Center Cebu to kidnap both Jacqueline Jimenea Chiong and Marijoy Jimenea Chiong. I'm spelling out their middle names because the names are so common! This is also to help defend my stance that neither of them is abroad and in hiding.
Let's imagine that the group is together after Paco arrives on that day. They finally go to Ayala to kidnap the girls, bring the girls to that alleged safehouse (which according to Villarin and the owner, Gurkan, was too small for a huge group), and finally do the deed. Let's say that the eight of them finally took turns in raping both of the girls. Finally, let's assume that the scene from The Calvento Files was real. Let's assume that Marijoy was thrown off the cliff. Let's assume that Jacqueline was forced to dance by this group. Now, time will lapse reaching up to maybe past 12 A.M. Now, the deed is done. Paco would now bid his fellow gang members goodbye. Paco finally rides off to take his exams like nothing happened.
This would be rather impossible for Paco to ride off like nothing happened. Paco would still need to repack all his stuff in a hurry. Also, don't tell me Paco would have the private jet land at the site where the crime supposedly happened and then fly off like nothing happened? I doubt that Paco's family was wealthy enough to hire a private plane. Even if they were, the very idea that Paco would take a private jet to do the crime and then fly back to Manila as if nothing happened is a very colorful lie. Why do I call it colorful? I could think about many things that could've happened and will never sum up to a realistic story.
Let's say Paco really did participate in the gang rape party. I think it would take a lot of energy for Paco and his group to (1) kidnap the girls, (2) hold both girls against their will, (3) rape the girls in Guadalupe, Cebu, in that house, (4) finish the dastardly deed in Carcar which involved Marijoy's body getting flung, and (5) driving away to avoid detection. Knowing Paco was a rather obese guy back then, I could assume he would be too tired to even ride the plane back to Manila after raping the girls. The amount of energy exerted to do rape might even leave the rapist tired. If they did the rape, don't tell me that the two sisters wouldn't try to fight back. The claim that Jacqueline was running away may also defeat the argument. The group in the van chasing Jacqueline would sooner or later get tired. Let's say Rowen beat up Jacqueline until she passed out. The group would soon be expending more energy than usual.
In a rape-slay case, the eight of them would probably be covered in so much dirt and other bodily fluids. The rapist would not look tidy after the rape. If I did rape someone then I would definitely not look tidy. I wouldn't look tidy especially if my actions involved acts of violence were involved. If Paco did beat up Marijoy while raping her then he wouldn't be so tidy anymore. Let's say that the people did sexual penetration. The clothes they were would be crumpled. Even if Paco took another set of clothes after that, I think he'd be in a bigger mess that it'd take more time for him to tidy up before anybody notices that he did the dastardly crime. If Paco did all that, wouldn't it arouse suspicion in those who administered his midterm examinations if he took the plane and did the dastardly crime?
Why I feel Davidson's (most likely forced) testimony had some exaggerations
 |
| Give Up Tomorrow Facebook Page |
From the evidence of the prosecution, there is no doubt that all the appellants conspired in the commission of the crimes charged. Their concerted actions point to their joint purpose and community of intent. Well settled is the rule that in conspiracy, direct proof of a previous agreement to commit a crime is not necessary. It may be deduced from the mode and manner by which the offense was perpetrated, or inferred from the acts of the accused themselves when such point to a joint design and community of interest.[144] Otherwise stated, it may be shown by the conduct of the accused before, during, and after the commission of the crime.[145] Appellants' actions showed that they have the same objective to kidnap and detain the Chiong sisters. Rowen and Josman grabbed Marijoy and Jacqueline from the vicinity of Ayala Center. Larrañaga, James Andrew and James Anthony who were riding a red car served as back-up of Rowen and Josman. Together in a convoy, they proceeded to Fuente Osmeña to hire a van, and thereafter, to the safehouse of the "Jozman Aznar Group" in Guadalupe, Cebu where they initially molested Marijoy and Jacqueline. They headed to the South Bus Terminal where they hired the white van driven by Alberto, with Ariel as the conductor. Except for James Andrew who drove the white car, all appellants boarded the white van where they held Marijoy and Jacqueline captive. In the van, James Anthony taped their mouths and Rowen handcuffed them together. They drank and had a pot session at Tan-awan. They encircled Jacqueline and ordered her to dance, pushing her and ripping her clothes in the process. Meanwhile, Larrañaga raped Marijoy, followed by Rowen, James Anthony, Alberto, and Ariel. On other hand, Josman and James Andrew raped Jacqueline. Upon Josman's order, Rowen and Ariel led Marijoy to the cliff and pushed her. After leaving Tan-awan, they taunted Jacqueline to run for her life. And when Rusia got off from the van near Ayala Center, the appellants jointly headed back to Cebu City.
This claim that the Chiong Seven (plus Davidson) stopped by that safehouse (owned by Gurkan according to a deleted scene in Give Up Tomorrow) feels exaggerated to me. It feels like a narration from an exploitation film than it would be a narration of a real crime scene. The first exaggerated claim is that Paco could've taken a plane to Cebu City, done the dastardly deed, and then flown back to Quezon City as if nothing had happened. Gurkan did show the place where it allegedly happened. It looked too small and was most likely a student boarding house. Let's say that the safe house was also co-owned by the Aznars. That will still never change the fact that there's some exaggeration there. Why would the eight men bring the two women to a very cramped area to gang rape the ladies? As Gurkan said, even DNA testing could prove that nothing like that could've happened in his place. Gurkan mentioned that there would be other culprits, he could tell that Davidson was lying and that he felt sorry for the Chiong Family since he also has daughters.
Why in the world would they stop by Guadalupe, Cebu City, to do an initial raping then head to the South Bus Terminal to finish the dastardly deed in Carcar? It could be easy to understand if the deed happened in Guadalupe, Carcar City, instead of Guadalupe, Cebu City. Why would they stop by Guadalupe, Cebu City, before going to Carcar City to finish the dastardly deed? That's what I want to put into question. Let's say that they raped the women from this time to this time. The group would be too weak aside from the women. If the crime (initial gang rape) did happen in Guadalupe, Cebu City, then where are the witnesses to testify that the crime took place in that rather small location? I'm really feeling dizzy especially since I'm no legal analyst myself.
What further makes Davidson's testimony even more dubious? It's also this simple fact. Here's another excerpt from Sebastian, a film director:
Now let’s go to the star witness’ testimony... which as Ms. Lagcao stated, perfectly fitted the evidence provided by the police and prosecution. Here are the facts:
1. If my memory serves me right... the star witness had a criminal record and was actually in prison for a different offense when he suddenly became a state witness.
2. He was held by the same authorities who had access to the evidence that was going to be used in court.
3. He perfectly corroborated all the evidences.
4. He was powerfully detailed even if the incidents he was narrating happened more than a year after.
5. He had perfect recollection of what happened even if drugs and alcohol were being used heavily at the time of the crime.
Yet there was a perfect testimony by an imperfect witness... who was granted freedom soon after.
The testimony of this man was allowed... but 40 people who were all upstanding citizens with zero criminal records, armed with pictures and official documents.... were not allowed to testify?
How can anybody perfectly recall anything one did if they were under mind-numbing substances? I remember getting drunk when I drank some beer too fast at a classmate's house. Fortunately, I was able to stop and I got sober. I said a lot of stupid stuff when I was drunk at that time. I can't even recall what I said. How much more if drugs and alcohol were used? That's why Davidson's testimony might be best considered scripted. The fact that mind-altering substances can blur the mind may also put the whole story of Jessica Alfaro of the Vizconde Massacre even more under question. How could Davidson claim to have perfect recollection? In reality, the documentary revealed Davidson was under duress at that time.
I feel it's just stupid to release Davidson after the trial. If Davidson ever did the crimes then why release him just because he was a state witness? Shouldn't Davidson at least get some imprisonment considering the heinousness of the crime he supposedly committed but never did? I felt that Ocampo's explanation when he was interviewed might provide why he did it. Ocampo said that the body was doubtful (if so, why didn't he have the body examined) but then there were both kidnapping and illegal detention. Ocampo declared double reclusion perpetua (life imprisonment) instead of the death penalty. It wouldn't make sense to release a dangerous criminal who just admitted to the crime just because he did admit it. Davidson should've, if ever, still be sentenced to jail with the other seven. Instead, Davidson was set free which makes it rather suspicious. Hopefully, Davidson can be found and tell the directors of Give Up Tomorrow what we need to hear!
There's the possibility that Davidson was arrested (and turned himself in) for a totally different crime. The public was crying for blood. It seemed like corrupt policemen decided he'd build the "evidence" they needed to "establish" the case. Davidson may have not been in in Cebu at that time either. Why didn't the other witnesses mention him, if ever? That's why I believe that Davidson was also innocent of the crime. Davidson's lies were most likely forced and scripted.
Even more evidence (and logic) could prove that the Chiong 8 were never together at all
 |
| Asian Madness Podcast |
Along with it were also other cases with some witnesses. One is such as the Uy brothers (and their little sister, now grown up, I will not mention her name out loud for privacy reasons) mention her experience on her father's 50th birthday. The claim that they had no camera at that time still feels weird. What if they did have a camera but it was broken, or if they failed to get a camera for the barbeque party? However, I believe any guests of that small party may have taken photos which Ocampo will just dismiss as he did to Paco. There could also be neighbors who could at least testify that the Uy brothers, despite whatever bad things they did, weren't participants in that horrible act of rape and murder.
In the case of Josman, I heard that he was arrested for drug possession and what might be illegal possession of firearms. I can't be sure if Josman was framed or if he was guilty. Josman was involved with his peers and the names of Michael Dizon and Jonas Dy Pico are spelled out. If anybody knew Jonas, he may have testified that he was with Josman the whole time. Okay, let's say that Josman was indeed guilty of illegal possession and drug possession. However, that will never change that he wasn't even involved in that crime. Josman shouldn't be serving time for a crime that he never did.
I wouldn't want to comment too much on Rowen, Ariel, and Alberto. I feel like Adlawan was probably not even allowed to testify due to whatever charges he had in the past. It was also there that Paco's previous case was raised. It was said Paco attempted to kidnap a high school student and I think he was identified as a first-year HRM student at the University of San Carlos (USC). However, Paco was most likely studying at the Center of Culinary Arts so it seems a case of mistaken identity. Whoever tried to kidnap the student may have been someone else. I feel, until now, the identity of the attempted kidnapping may never be known as well. Yet, it was said that Paco allegedly did it. It's a messy situation especially when people want "instant justice".
It was summer vacation when the regional trial was concluded
The documentary never failed to present the footage of that judge sleeping. On May 5, 1999, we can see the guilty verdict. The judge who was said to be incorruptible was estranged from his family. If I'm not wrong, I think Ocampo had a mistress who I speculate ended his life. Ocampo later ended his life (though some assume he was murdered) in Waterfront in Lapu Lapu City in that room where he checked in. The date was October 7, 1999. The documentary showed the bloody footage (which I believe should've been put into grayscale for censorship purposes). I believe in Dr. Raquel Barros Del Rosario-Fortun's findings that it was suicide. It's possible that Ocampo did mutilate himself a few times out of insanity. Later, the Supreme Court of the Philippines tried to elevate it to the death penalty. The case wasn't even reviewed at all! What kind of court would ever not review a case before doing anything? I think it was because Mrs. Chiong was also related by marriage to Hilario G. Davide Jr. who was long married to Virginia Jimenea Perez, a relative of Mrs. Chiong. Davide Jr. was also appointed by Estrada himself. This gets me rather suspicious right now!
Sometime after Ocampo died, it's interesting that this "incorruptible" judge wasn't so honest. If his infidelity was one thing then a graft case was another. It was interesting to find a graft case dated sometime after Ocampo died. It was revealed that he had pending graft charges in 1997. How could a judge with pending graft charges participate in the court? Graft, as an offense, is often linked to the abuse of power for personal advantage. The documentary Give Up Tomorrow didn't mention this case at all. I wonder if it was deleted because of time constraints. What if, behind the scenes, Mrs. Syjuco talked about it? What if it was because the petition was made when Ocampo took his own life? Either way, I believe this dead judge already showed his abuse of power by (1) dismissing pieces of evidence without examining them, (2) declaring the dead woman's identity irrelevant (which would be an insult to the Chiongs as well), and (3) when he refused to let the suspects speak since he was most likely assuming they were guilty.
It's really facts vs. gossip. The hard evidence was there by several witnesses including those from Paco's school. There was the boarding house logbook. Some people were with Paco in the bar. There were photos that the judge could've requested for examination before dismissing them. The judge chose to listen to the gossip of the others (which may have not even been examined) instead of examining every piece of evidence presented to him. The gossip was that Paco was in Ayala. Yet, the facts have stated that Paco was in Quezon City and only went to Cebu the night after the crime. The event caused outrage from the international community. This placed the whole Philippine justice system on trial for the entire world to see. Why was the testimony of spurious witness Davidson listened to? Why were the inconsistent witnesses listened to?
The documentary called the trial is like a television series or a television drama. The late John Edmond Pamintuan Celdran aka Carlos Celdran called it a trial by publicity. Almost every day, people tuned in to listen to what Davidson had to say. Valid pieces of evidence were ignored as the documentary showed it. Later, Mrs. Chiong met with Mrs. Larrañaga at a school event. Mrs. Larrañaga knows her son is innocent of the crime that happened. Paco did admit he felt sorry for the Chiongs. Paco also admitted he didn't do the crime because he knew he never did. However, Mrs. Chiong still refuses to believe the evidence given to her as the documentary shows it.
This documentary should make you think about facts vs. gossip. A crime happened and until now, only a few may know who did the crime. Gossip really caused a case to remain unresolved. It's easy to say it can't happen to you. What if it can happen to you? What if you'll be the next to be framed for something you never committed and you rot in jail because of gossip? You may have the facts but facts are often ignored. It's all because gossip is more appealing. What's needed are facts if we're ever to give justice to any victim of injustice.
Years later, a movie called Jacqueline Comes Home came out. It was some time after Give Up Tomorrow. I felt it was a bad decision for the parents of the victims to allow VIVA Films to make the film. The ringleader was simply called "Sonny" instead of Paco. Carlo J. Caparas may have wanted to present the film without otherwise clashing with Give Up Tomorrow. I don't blame Mrs. Chiong for crying and storming out of the theater. I still feel sorry for her. However, Mrs. Chiong is still believing the lies fed to her. I pray that Mrs. Chiong discovers the truth of who exactly did the crime and does not stick to the narrative given to her. Her husband had passed away without knowing the truth.
Where are the bodies of the two sisters?
The body in the ravine at Carcar
On Friday morning the 18th of July 1997, was hot and humid on Cebu Island. The rainy season had begun, and when the showers stopped, the heat was stifling. Rudy Lasaga was walking along a ravine in Carcar, about an hour and twenty minutes south from Cebu City, when something caught his attention. The orange fabric seemed out of place at the bottom of the ravine, and when he had a closer look, he realised that he was looking at the body of a young woman.Rudy immediately informed police, who had a good idea whose body it was. Everyone in Cebu City was looking for two sisters who disappeared from a local shopping mall two nights before. Could the body belong to one of the Chiong sisters?When police arrived, they found the body, face down in the mud. The female victim was severely injured and her body showed signs of tremendous physical trauma. A handcuff dangled from one of her wrists, her orange T-shirt was pulled up, and her bra pulled down, exposing a breast. Masking tape covered her face, all the way down her neck.
The Evidence Locker also had this to say concerning the body in the ravine:
The Defence had their work cut out for them. They raised the question of whether the body found in the ravine was Marijoy at all. Marijoy’s body was actually never formally identified. Under cross-examination, Thelma Chiong admitted that she never looked at the face of the body and could not say for sure if it was Marijoy or not. Marijoy’s own brother, Dennis, even said to local media that he wasn’t sure if it was his sister, as the victim’s hair was longer than Marijoy’s. The victim was also only 5ft tall, a fair bit shorter than Marijoy, who was 5ft4.
I decided to do a Google search and found out that this may have explained the condition of the body found in the ravine. Very Well Health provides this explanation of what happens to the dead body after death:
After reaching a state of maximum rigor mortis, the muscles will begin to loosen due to continued chemical changes within the cells and internal tissue decay. The process, known as secondary flaccidity, occurs over a period of one to three days and is affected by external conditions such as temperature.5 Cold slows down the process.
During secondary flaccidity, the skin will begin to shrink, creating the illusion that hair and nails are growing. Rigor mortis will then dissipate in the opposite direction—from the fingers and toes to the face—over a period of up to 48 hours.
Once secondary flaccidity is complete, all of the muscles of the body will again be relaxed.
I Googled the stages of human decomposition. Let's say that Marijoy was slain in the late evening. Eventually, the weather gets hot contributing to the decay. These are the stages of decay according to Aftermath that may explain the condition of the body:
Stage One: Autolysis
The first stage of human decomposition is called autolysis, or self-digestion, and begins immediately after death. As soon as blood circulation and respiration stop, the body has no way of getting oxygen or removing wastes. Excess carbon dioxide causes an acidic environment, causing membranes in cells to rupture. The membranes release enzymes that begin eating the cells from the inside out.
Rigor mortis causes muscle stiffening. Small blisters filled with nutrient-rich fluid begin appearing on internal organs and the skin’s surface. The body will appear to have a sheen due to ruptured blisters, and the skin’s top layer will begin to loosen.
Stage Two: Bloat
Stage two of human decomposition consists of bloating to the body. Leaked enzymes from the first stage begin producing many gases. Due to the gases, the human body can double in size, giving it that bloated look.The sulfur-containing compounds that the bacteria release also cause skin discoloration. In addition, insect activity can be present.
The microorganisms and bacteria produce extremely unpleasant odors called putrefaction. These odors often alert others that a person has died, and can linger long after a body has been removed.
Stage Three: Active Decay
Fluids released through orifices indicate the beginning of active decay. Organs, muscles, and skin become liquefied. When all of the body’s soft tissue decomposes, hair, bones, cartilage, and other byproducts of decay remain. The cadaver loses the most mass during this stage.
Stage Four: Skeletonization
Because the skeleton has a decomposition rate based on the loss of organic (collagen) and inorganic components, there is no set timeframe when skeletonization occurs.
This may explain the discrepancy between 5'4 and 5 feet, if ever. I can't be certain of what happened. The hair of who may be Marijoy (and I still believe the body belonged to her) would appear longer because of the shrinking skin. The body could no longer be recognized. The Philippines has such a hot climate that would explain why the body was badly decomposed. Nobody else has even contested the cremated body. If the body belonged to somebody else then why hasn't anybody stepped forward even today?
I refuse to believe the "proof" that Marijoy is still in this world. A simple trip to St. Theresa's College (STC) will prove that Amelie Arquilliano-Chiong, wife of the elder brother Bruce, has always been born Amelie. Amelie would have scholastic records that would not match that of Marijoy. Marijoy was a Philippine Christian Gospel School (PCGS) student along with her siblings. Such records will prove such gossip to be nothing more than based on unverified information. I'm getting fed up with such fake news but I can't do anything. Hopefully, those who spread the fake news will get appropriate action against them.
Also, this was another photo used to say that Marijoy is "still alive". I don't know the name of the other sister-in-law who's also mistaken to be Marijoy. I'm just amazed at how people can be so foolish these days. The family still has the right to defend themselves from the claim.
More of the claim that could contest if ever the body was Marijoy (which I think is really here since nobody yet has ever come forward to claim the body) also wrote of this from the Evidence Locker:
During the trial, Inspector Edgardo Lenizo, a fingerprint expert, testified that fingerprints from the body found in the ravine matched those of Marijoy. He also reminded the court that the victim was wearing the same clothes Marijoy’s family saw her wearing on the day she disappeared. The Chiong family identified the body and confirmed that it was Marijoy.
To get fingerprints off a decomposing body is problematic because the bulb portion of a finger shrinks. Forensic examiners cut off the top section of each finger and placed it in a Sodium Hydroxide Solution for a couple of hours until it was closer in shape to what it would have been before death. Then they inked the fingers to obtain prints. These prints were found to match Marijoy’s voter ID card. Also, no one else came forward to claim the body, so who else could it have been?
Mrs. Chiong and Dennis, Marijoy's own brother, had their doubts. I can only assume that their denials were done out of grief. I doubt that Mrs. Chiong was acting only during the premiere of that flop film Jacqueline Come Home. Were the mistakes regarding the statistics shown? Marijoy and the body assumed to be Marijoy wore the same clothing. I can't be too sure about what happened. The fact that nobody came forward to claim the body is there. If there were, were they silenced or what? If ever the body belonged to another person, where's the family speaking right now after the Chiong parents had the body cremated some time after it was buried? Why didn't anybody from Carcar ever gets interviewed and say it was the body of their daughter? This is why I think that the body was indeed Marijoy. I believe the body belonged to Marijoy as much as Paco was in Manila. The directors of Give Up Tomorrow assert that Mrs. Chiong was indeed a grieving mother as much as Paco was innocent regarding the crime.
This would also further put the judge's integrity when he said that the dead body's identity was irrelevant. What? How could a judge dismiss such an important piece of evidence? This was also written in Evidence Locker which could tell what could've happened:
The Defence also challenged the claim that semen found on the underwear matched Paco Larrañaga’s DNA. They questioned the forensic expert, who admitted that he did not even wear gloves during testing. The question was: were they able to prove that a rape had been committed at all? A sample was taken from a stain on the victim’s underwear and studied under a microscope. Only one sperm cell was detected. Which brings the question, if only one sperm cell was found, how could they claim that gang rape occurred?
The entire post mortem examination was a shambles. None of the evidence was stored correctly: everything was stuffed into one plastic bag. The autopsy was performed after the body was embalmed, which would have destroyed vital evidence. Also, the body was cremated before fingerprint testing was complete, and no tissue samples were preserved.
Because of all the questions surrounding forensic evidence of the body and clothing, the Defence requested to have it all re-tested. The presiding judge, Martin Ocampo, ruled proof regarding the identity of the body was irrelevant. This was a massive set-back for the Defence. Forensic testing would benefit everyone involved: if the defendants were not guilty, it would prove it. But if they were, in fact, guilty, evidence would be able to prove it too. And if the body was not Marijoy – were they dealing with a murder at all?
Stating that this was no way to run a fair trial, the Defense lawyers announced their withdrawal from the case. Judge Ocampo was furious and said they were challenging his integrity. In a fit of rage, he sent the six Defence attorneys to jail for contempt of court. The judge re-assigned lawyers from the Public Offender’s office to take charge of the Defence that very same day, and the trial continued.
This is where inconsistency happened a lot. I feel this is based on half-truths. My assumption is that the body was Marijoy but the sperm found in her body wasn't Paco's at all. If there was really gang rape then why is it only one DNA was found but not the rest? The judge really decided to declare it irrelevant. I would've shouted if I were in court as a lawyer that day. The defense lawyers were so disgusted that they withdrew out of anger. Now, we see the judge really making his own rules when he sent the six defense lawyers to jail for "contempt". Maybe, I would've lost my cool and gone to jail for beating up the judge in a fit of rage and getting my license revoked, if I were a lawyer. Such an incident makes me want to shout, "Do you wonder why the Philippines doesn't improve?" Yet, we see that's what the judge did. The judge was really nothing more than an incompetent fool.
I think the situation is rather a double dilemma for the judge himself. If the body wasn't Marijoy then the case would fall down automatically. It would force further investigations as to where the Chiong sisters are. Maybe, both bodies were never recovered at all. Let's say that the body was really Marijoy. Let's say with DNA testing, it's confirmed that the body was Marijoy and that there were some errors in previous data regarding the body. Let's say that it's positively Marijoy. Later, the body (which I believe was Marijoy's) was cremated, which again wasn't a good move. I feel her parents should be concerned about finding who the real perpetrators are since they desire justice. The parents had her remains transferred later to a columbarium. Back on topic, we should really think that if the body was still Marijoy, the body would still hold vital evidence. Even if the body was Marijoy, it would still prove Paco innocent because the semen sample can test negative for the DNA of any of the eight people.
This reminds me of what Crime Investigation Asia revealed regarding Hubert Jeffry Pagaspas Webb. Hubert was falsely accused of raping the late Carmela Vizconde before her death. There was a sperm sample taken from Carmela's corpse. Tolentino outright refused Hubert's request to have the sperm sample tested. What happened to the constitutional right to assume innocence before being proven guilty? Tolentino would even ignore evidence, saying, "It's not the amount of the evidence but the quality of it." That woman just shot condemned herself regarding her decisions. If Tolentino was in doubt then why not clear it all out? Instead, Tolentino jumped to conclusions. I felt Ocampo also did the same thing. Ocampo just wanted to get things "done and over with" or a sinister agenda may be behind it. Again, there's the right to speculate from realistic angles. If the sperm on Marijoy's body was tested--it would prove Paco innocent. Yet, the crowd was already very anti-Paco (which was what Miguel Syjuco, Paco's brother-in-law, mentioned in the film). The Calvento Files episode regarding the case was already shown during the trial.
I guess the judge was sticking to whatever narrative he wanted to believe. I think it's because if the sperm was tested and proven not to belong to Paco then the whole case will be dismissed. If the whole case is dismissed then the judge may lose his relevance. The documentary described it and people tuned in to it daily like a television series. It was like the afternoon soap opera. I guess the sudden shock that Paco was innocent would drop the hype. If ever, I feel that's why the body decided to rule out the identity of the body was irrelevant. He even said that the body was doubtful while he stuck to the whole kidnapping and illegal detention narrative. Well, I feel secure knowing that this idiot of a judge met a bloody end. I believe that the wounds were most likely self-inflicted in trying to end his life. The handwriting was most likely his and may not be a forgery.
Why was the body of Jacqueline never found at all?
This is where the case even further loses credibility. If Davidson was indeed an accomplice then at least he should be able to know what happened to the other body. Also, it was said that Rowen did hurt Jacqueline until she passed out. Why wasn't the information even attempted to take it from Rowen or the others who allegedly raped Jacqueline? Davidson did "confess" that he did also join in raping Jacqueline. So, why was there no further examination and investigation to find the body of the other sister? I bet whoever did the crime managed to properly get rid of evidence but failed in the other. That's a possibility that I'm also considering.
I could remember the time when two Jimenea sisters, Cheryl Salvaleon Jimenea and Mrs. Chiong, cried out, "We want death!" It was what I felt. Cheryl then claimed that she sensed the ghost of her niece, Jacqueline, was disturbing her. The screams of Cheryl were, "Jacqueline's still missing!" What really happened to the body? I'm still in the position that the body found in the ravine was really Marijoy. It looks like an inaccurate measurement was done with the alleged four-inch differences. Dennis may not be too observant if he hadn't noticed his sister's hair length before she went missing. Maybe, Marijoy tied her hair before her disappearance. Though it seems if ever, the body wasn't Marijoy (and was used by the real culprits as a distraction), the two sisters' bodies are thrown into the ocean or in any convenient place. However, I still believe that the body in the ravine belonged to Marijoy since nobody (until now) ever bothered to claim it. The cremation of the corpse later happened.
I think the possibility is that Jacqueline's body was put in a barrel full of cement and dropped somewhere. If ever Davidson was forced to tell part of the truth, Jacqueline was probably beaten unconscious by the real culprits and they decided to drown her. Nobody may have discovered anything either because witnesses have been paid to keep quiet or possibly killed. This makes you wonder if those who murdered the sisters were actually authority figures or hired goons. The unnamed drug lord may have paid people to keep quiet if they decided to dump Jacqueline into a body of water. A similar case happened where a certain Ruby Rose Barrameda was thrown into the ocean in a metal box. The body was recovered. In Jacqueline's case, her body was never recovered like some people who died without their bodies recovered. The body would be decomposed by now. People who die in brutal ways may no longer even have a corpse to bury.
Why do I call it a double miscarriage of justice?
The testimony of Davidson is already best called into question. It's not just because of his previous criminal record. I pointed out some exaggerations. How could Davidson, if he was drugged during that night, have a perfect recollection? The witnesses say they saw Paco in Ayala Center Cebu. Yet, Atty. Villarin's original interview especially with a certain Sheila Singson was different. At first, Sheila wasn't able to identify the person. Why did Sheila suddenly point at Paco when she originally said she couldn't recognize anyone during the previous investigation? So much for perfect corroboration between witnesses and Davidson! Davidson's story allowed a conviction at the cost of the truth. It doesn't serve as an injustice to Chiong 7 but also to the Chiong family. The Chiong family wants justice. However, justice can't be achieved by punishing the wrong people while the real murderers are still not uncovered. Right now, neither the Chiongs nor the families of the falsely accused, have a single clue.
Right now, the Chiong Case is far from over. This is an injustice done to two parties. Seven innocent people were wrongfully convicted because of Davidson's (most likely) forced testimony. A family that still believes that the seven wrongfully convicted people were the real perpetrators. The film Give Up Tomorrow should continue to awaken the need to fix the justice system once and for all.
Comments
Post a Comment