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Yes, I Read the Supreme Court Decision on the Chiong Sisters Case AND Watched "Give Up Tomorrow"

Cebu Daily News

I'd probably quit arguing with that law student I ran into on Facebook. I won't leak out her profile, put the screenshots of the message, of respect for her, even if I find her incorrigible. According to her, she's already read the Supreme Court decision. She even said, "Why would you believe the documentary made by Paco's cousin?" I fired shots and said that Marty Syjuco was the brother-in-law of Paco's sister, Mimi. I guess as a law student, she's too beholden to the "infallibility" of the Supreme Court of the Philippines. However, she may have ignored the efforts to make Give Up Tomorrow (read my review here). I wonder if she considered several facts in the trial that the documentary presented. The documentary presented the witnesses for Paco Larrañaga, a person I assumed was guilty for the longest time. All that changed when I was told that Paco himself, though he was a bully, was actually not involved as to why the Chiong sisters went missing. If the body wasn't Marijoy's, who was it? However, with nobody claiming forward to claim the body, I believe it was her.

This law student whose name I will not mention (due to her status as a private citizen) probably ignored some crucial facts. Did she remember that Mrs. Thelma Jimenea-Chiong's sister Cheryl Jimenea was close to Joseph Estrada? As the documentary revealed, the law enforcers had no choice because it was the president's orders. In that van was Cheryl who was the presidential secretary during that time. Also, did this law student even ignore that Atty. Hilario G. Davide Jr.'s wife was actually a relative of Mrs. Chiong? Now, where's a stronger relationship found? The brother of one's brother-in-law or the fact that Mrs. Chiong's sister is a sister of the presidential secretary? Cheryl arranged for her sister and brother-in-law to meet up with Estrada. I assume Estrada was a godfather to one of the victims. Naturally, they all want justice but they ironically screwed it up. 

Photo credited to Michael Collins and Marty Syjuco

I guess the law student also ignored that the judge failed to cross-examine stuff. She talked about the lack of consistency. However, we must think that Paco had to rely solely on memory. Paco was just arrested over a crime he didn't commit. Paco may have decided to turn a new leaf when he decided to clear his name. Paco did get into fights and it's possible he attempted to kidnap someone when he was 17 years old. So far, nothing defends or denies the idea. Paco may have confessed to the attempted kidnapping for all we know. However, using someone's dirty record as evidence of guilt is just plain stupid. In fact, these words by Jourdan Sebastian, who was also with Paco that night, ring sense:

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. 

In short, the so-called "all-powerful" Supreme Court of the Philippines have been ignoring evidence. Was it because of the power of Estrada? Davide Jr. was appointed by Estrada himself and his wife was a relative of the Chiong mother. Through the Supreme Court document--I found the alibis not just Paco but also the six others. Did the Supreme Court play under the influence of Davide Jr. as a relative-by-marriage to the Chiong mother? Seems like it. Interestingly, the Philippine Star also shares this information regarding the motion for reconsideration:

Supreme Court spokesman Esmael Khan has confirmed that the tribunal en banc presided by Chief Justice Hilario Davide Jr. denied the convicts’ motions to reverse its Feb. 3, 2004 decision because there was no new evidence to warrant its reversal.

No new evidence? Give Up Tomorrow presented the evidence such as Paco's pictures in Quezon City (which were automatically assumed to be tampered with, rather than examined), the attendance records in school, flight records, the witnesses, etc. What no new evidence? With that in mind, I consider Davide Jr. laughable with his movement against charter change. Davide Jr. says this and that and I want to ask for evidence for his claims. Even worse, the Supreme Court of the Philippines refused any further testing on the body claimed to be Marijoy. Yes, I do believe the body is Marijoy. In fact, the New Scientist website, it talks about how innocents die without DNA tests.

Conspiracy theories surround the case. A policeman who worked on the case said last week he thought Larrañaga was innocent. Only one body was found, which was identified as Marijoy’s, but there are serious doubts about whether it is in fact her – even from the original trial judge. What’s more, there are rumours that one or both sisters is living in Canada. A DNA test would establish whether the body is Marijoy, but the supreme court has said no. The president, Gloria Macapagal Arroyo, promised on Monday that she would intervene to save Larrañaga.

People might refer me to the film Jacqueline Comes Home. The film, unfortunately, placed some fantasy elements and ignored certain events filmed in the media. For example, the couple didn't immediately identify the body found in the ravine. In reality, the Chiong couple didn't immediately recognize it to be their daughter until fingerprint testing was found. I wonder if the late Martin Ocampo, the regional trial judge, was actually pressured into making dumb decisions? I believe Ocampo was pressured not just by the public demanding blood on the suspects (who were all innocent regarding the incident) but also on the executive? It seems Ocampo dismissed the forensic experts' wish to analyze the body (which the same judge later found doubtful), declaring it irrelevant, presumably because of some form of pressure. Even if the body was Marijoy's (which I believe it is), the semen sample could be re-tested to prove that Paco wasn't the one who raped her. The real culprit could've been found. Also, the film portrayed Mrs. Chiong to be calm in court. In reality, Thelma went hysterical when the seven suspects were given life imprisonment instead of the death sentence. More importantly, Thelma giving gifts to Davidson Rusia still deserves questioning. Would you give gifts to anyone who confessed to raping and murdering your relative? 

Reading the Supreme Court decision, one must ask what's wrong with the justice system of the Philippines. How can the Supreme Court make a proper decision without that DNA test on the body? Even more, why was the evidence ignored instead of re-examined? The frustration in the documentary reveals one thing--the Philippines really needs system change! It may only be a matter of time that Davde Jr. may even say, "The Philippines has the best justice system in the world."

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