This deleted scene talks about the owner of the place where the crime allegedly happened. David Gurkan now recalls his experience. According to Davidson, this was the story as recorded by the Supreme Court of the Philippines:
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. LarraƱaga, 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 OsmeƱa 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, LarraƱaga 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.
Somehow, it just doesn't connect. The video showed the place was too small for eight people to rape two girls. It would total ten people. If Paco and the men would do the crime--they would need a bigger place like a warehouse. The boarding house of Gurkan has been too small. It was vacant on that night. It was nice of Gurkan to offer his sympathy to the Chiong couple. However, it was totally not right to pin the wrong people.
I was able to watch (but didn't bother to sit down on the details) the film called Animal (2004). It was that same film that caused the Chiongs to launch a court case against the late Federico Natividad Jr. The movie had a scene where the main villains took the Tan sisters into a warehouse. That place was definitely big enough for a gang of eight to have a gang rape party with two girls. If the rape happened in a bigger place, it would've been believable. However, the site shown here is too small for 10 people to fit in.
Gurkan mentioned "If I wanted to save my life, like Tagalog (Davidson), I would tell a lie." This was probably deleted due to time constraints. The clip shown from The Calvento Files made it to the final cut. I still wish this scene was never deleted. This would show how crooked narrations can damn just anyone and inadvertently protect the real culprits.
Updated: July 16, 2023
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