Group 1: The Chiong Murder Case

Legal Medicine – 4B
Atty. Ivy D. Patdu
August 14, 2018

Nicolas, Katrina M.
Duarte, Justine
Barrion, Dennis
Santillan, Earlo Rae T.
Lazo, Jose Vicente
Nibaten, Jeriko
 The case of People of the Philippines vs. Francisco Juan Larrañaga et.al. or more popularly
known as the Chiong murder case is a sensationalized case from the 90’s, which gained popularity
again just this year. The case sprang from the disappearance of the Filipino-Chinese Cebuana
sisters, Jacqueline, 21 years old, and 23 years old Marijoy Chiong. A body, raped and murdered,
was found two days later, at the bottom of a ravine. It was later on alleged/found to be Marijoy;,
Jacquelin remains missing. The respondents in the said case are “Paco” Larrañaga; Josman Aznar;
Rowen Adlawan alias “Wesley”; Alberto Cao alias “Tisoy Tagalog”; James Anthony Uy alias
“Wangwang” and James Andrew Uy alias “MM,” a.k.a as “The Chiong 7,” were found guilty
beyond reasonable doubt of the special complex crime of kidnapping and serious illegal detention
with homicide and rape.

The case has been shrouded in mystery ever since. Nicai De Guzman from Esquire
Magazine, even remarked that, “One would expect that the public would be demanding for justice
for the sisters but it is the other way around—they are calling for the release of Francisco “Paco”
Larrañaga, accused to be the mastermind of the crime.” Most of the people calling to boycott
Jacqueline Comes Home are those who have seen the award-winning documentary Give Up
Tomorrow (2011). The documentary, produced by Marty Syjuco, tells the story from the side of
the accused. The hour-and-a-half-long documentary was able to show how the trials, which
reached all the way up to the Supreme Court, were handled poorly, and that the case only hinged
on a questionable state witness. Despite the lack of evidence, the seven men who were accused of
abducting the sisters were jailed and put on Death Row.”

Seven years after the documentary's release, entertainment giant Viva has just released
Jacqueline Comes Home, a movie told from the point of view of the Chiong family. The movie is
directed by the 25-year old Ysabelle Peach Caparas, daughter of Carlo J. Caparas, known for his
exploitation and massacre films, including The Maggie dela Riva Story (1994), Lipa Massacre
(1994), Cory Quirino Kidnap: NBI Files (2003). It was the elder Caparas who approached Thelma
Chiong, the mother of the sisters, about creating a film based on the sisters’ case and the family’s
ensuing ordeal. At first, Thelma said she protested the making of the film, fearing the reopening
of old wounds. However, when rumors about their family started circulating in social media, she
agreed to the film, seeing it as a venue to clear the air. Some of these rumors, according to Thelma,
include the story that one or both sisters are actually still alive and living in Canada. Another is
that their family is connected to a drug trafficking ring, which could have caused the sisters’
disappearance.

In defense, Thelma Chiong told the SunStar Cebu that, "Many netizens who support the
notion that there was a mistrial were born before the Chiong case started, or were too young. I am
saddened by this because it not only opens wounds on my part, but also on my family who has
suffered so much since this case started.” Actress Imperial also defended the movie, saying that it
isn’t “biased,” and focuses instead on the emotional trauma that the Chiong family experienced
after the sisters’ disappearance. Despite this claim, the trailers clearly show that the story is told
from the POV of the Chiongs, which the sisters’ mother has already admitted to. Parts of the film’s
narrative also follow the testimony of Chiong’s witness Davidson Rusia.

This isn’t the first time that the Chiong case was made into a media spectacle. In fact, while
the case was still ongoing, a highly dramatic re-enactment of the case based on Rusia’s testimony
was broadcast by a major TV network. Journalists also reported sensationalized versions of the
testimonies, to the point that erroneous information was reported as fact: How much semen was
found in Marijoy’s body? Some journalists said it was a cupful and others, just a speck on her
underwear.

According to De Guzman, whatever the media spewed out, the public ate up. People started
calling the case the Vizconde of Cebu, alluding to the bloody massacre in Manila just six years
prior to the Chiongs' murders. It was a case that gripped the nation that had a similar antagonist—
a rich, bad boy who could have gotten away with murder, yet didn’t. People who sided with the
Chiongs were ecstatic that finally, a rich boy who had political connections was going to jail with
the rest of the petty thieves and kanto adiks. Despite Paco being part of the prominent Osmeña
clan, he was not untouchable. The public was thoroughly convinced of his guilt, until Syjuco's
documentary years later.

This paper would present the forensic evidence presented by both the prosecution and the
defendants during the trials, as well the the decision made my the court.

The Facts as Narrated by the Prosecution

 On the night of July 16, 1997, sisters Marijoy and Jacqueline Chiong who lived in Cebu
City failed to come on the expected time. It was raining hard and Mrs. Thelma Chiong thought her
daughters were simply having a difficult time getting a ride. Thus, she instructed her sons, Bruce
and Dennis, to fetch their sisters. They returned home but could not find Marijoy and Jacqueline.
Mrs. Chiong was not able to sleep that night. Immediately at 5:00 in the morning, their entire
family started to search for her daughters, to no avail. Thus, the family sought the assistance of the
police to assist the search. But they still could not find her daughters.

Meanwhile, in the morning of July 18, 1997, a certain Rudy Lasaga reported to the police
that a young woman was found dead at the foot of a cliff in Tan-awan, Carcar, Cebu. Officcer-in-
Charge Arturo Unabia and three other policemen proceeded to Tan-awan and there, they found a
dead woman lying on the ground. Attached to her left wrist was a handcuff. Her pants were torn,
her orange t-shirt was raised up to her breast and her bra was pulled down. Her face and neck were
covered with masking tape.

Evidence Implicating the Accused Chiong 7

The accused Larranaga, et. al, aka “Chiong 7” were arrested following a review of the local
police’s juvenile list. Ten months after, one of the accused, Davidson Rusia, seemingly bothered
by his conscience, admitted to the crimes and narrated the whole story. His testimony was
corroborated by the other witnesses of the prosecution on its material points. One witness was even
able to write down the plate number of the white van they were driving.

The body of Marijoy was positively identified by Thelma Chiong and the other members
of the family. Moreover, the fingerprint of the corpse matched that of Marijoy’s as testified by
Inspector Edgardo Lenizo, a fingerprint expert. Also found with the body are the packaging tape
and the handcuff which aligned with Rusia’s testimony. The body had the same clothes worn by
Marijoy on the day she was abducted. Indeed, there is overwhelming and convincing evidence that
it was the body of Marijoy that was found in the ravine.

The Chiong 7 proffered the defense of denial and alibi. For the defense of alibi to prosper,
the accused must show that he was in another place at such a period of time that it was physically
impossible for him to have been at the place where the crime was committed at the time of its
commission. These requirements of time and place must be strictly met. A thorough examination
of the evidence for the defense shows that the appellants failed to meet these settled requirements.
They failed to establish by clear and convincing evidence that it was physically impossible for
them to be at the Ayala Center, Cebu City when the Chiong sisters were abducted. What is clear
from the evidence is that Rowen, Josman, Ariel, Alberto. James Anthony and James Andrew were
all within the vicinity, of Cebu City on July 16, 1997.

The Defense

The following were the contentions for the defense:

1. The court erred in giving credence to Rusia’s testimony

Rusia did not even pass the test for him to qualify as a state witness. One of the
requirements for the accused to become a state witness is that he must not have been convicted of
a crime involving moral turpitude. Based on his criminal record. He was convicted in the U.S.A
of robbery, a crime involving moral turpitude. Also, the testimony of the accused must be
substantially corroborated in its material points. There were many inconsistencies on Rusia’s
testimony. The defense also failed to completely cross examine him on certain dates to point such
inconsistencies in his testimony. For example, Rusia would have known what happened to the
other girl which could not be found.

2. The court erred in rejecting Larranaga’s alibi.

There were school records that will show that Paco Larranaga was at school on July 16,
1997. After class, he went out with his friends to drink in a bar around Katipunan. Quezon City,
the time when the crime was committed. There were also 40 witness that were ready to testify on
behalf of the Paco, but the judge did not allow it. There was a clear violation of the constitutional
right of the presumption of innocence. In this case, it seems that it was Larranaga who has the
burden of proving that he was innocent.

3. The court erred in holding that the body found in Tan – awan, Carcar was not that of Marijoy.

When the body was found, the investigators said that there was a large amount of semen
that was found on the underwear of the decomposing body of Marijoy and the test confirmed that
it matches to Paco Larranaga. The defense requested the court to produce the clothes of Marijoy
so that the forensic expert of the defense can test if a DNA exam is still feasible on the underwear
of Marijoy, but prosecution said that it was no longer available because the garments were already
mixed with plastic bags.

When Thelma Chiong (mother of the Chiong sisters) was subject to Cross examination, the
defense was able to elicit the fact that Thelma did not even look at the face of the decomposing
body that was said to be of Marijoy’s. She just confirmed that it was her daughter based on the
clothes that the corpse was wearing.

To confirm the identity of the body, the investigators sliced a skin to identify it by the
fingerprints of the same. However, prior to the filing of the case, the body was not even subject to
an autopsy or DNA by the Chiong family.

After the scraping of a part of the skin, the body was cremated afterwards while the identity
of the same was still in dispute because the test on the fingerprint was still in progress.

After confirmation that the body was indeed Marjoy based on that the fingerprint matches
Marijoy’s Voter’s I.D. So the defense requested the court to produce the test results in court so
that the forensic experts of the defense may thoroughly examine the same. The Court denied the
request on the ground that the identity of the body is no longer relevant.

In conclusion as to this issue, the body of Marijoy was never completely confirmed by the
investigators. The identity of the body is still in dispute. Hence, the defense have spread so much
reasonable doubt in this case for the court to acquit the accused.

Conclusion/ Court. Decision

The court held that, a testimony is solid in its proclamation if it is aligned with evidence
that infers physical facts. Rusia’s testimony is consistent with the physical evidence presented in
court. The Supreme Court cites that its congruence with the physical evidence is striking. Physical
evidence is regarded as one of the highest degrees of proof. As such, it speaks more eloquently
than witnesses’ testimonies put together.
 The prosecution’s theory highly rests on the truth of the testimony of Rusia. The appellants
endeavor to destroy it by claiming that the body found at the foot of a deep ravine in Tan-awan,
Carcar was not that of Marijoy. The court reiterates the reasons why they cannot give their assent
to such argument.

First, Inspector Edgardo Lenizo, a fingerprint expert, testified that the fingerprints
of the corpse match those of Marijoy. Second, the packaging tape and the handcuff found
on the dead body were the same items placed on Marijoy and Jacqueline while they were
being detained. Third, the body had the same clothes worn by Marijoy on the day she was
abducted. And fourth, the members of the Chiong family personally identified the corpse
to be that of Marijoy which they eventually buried. They erected commemorative markers
at the ravine, cemetery and every place which mattered to Marijoy. As a matter of fact, at
this very moment, appellants still fail to bring to the attention of this Court any person
laying a claim on the said body. Surely, if the body was not that of Marijoy, other families
who had lost someone of similar age and gender as Marijoy would have surfaced and
claimed the body.

The aforementioned circumstances only strengthens Rusia’s account that Rowen and Ariel
pushed Marijoy into the deep ravine, following Josman’s order “to get rid” of her. There is indeed
convincing evidence that it was Marijoy’s body found in the ravine.

In resolving this case, the Supreme Court has embarked on the painstaking task of
evaluating every piece and specie of evidence presented before the trial court in response to
appellant’s plea for the reversal of their conviction. But, even the element of reasonable doubt so
seriously sought by appellants is an ignis fatuus which has eluded any intelligent ratiocination of
their submissions. Verily, The Supreme Court’s conscience can rest easy on their affirmance of
the verdict of the trial court, in light of appellant’s clear culpability which demands retribution.

Larrañaga was convicted in 1999 along with Josman Aznar, Rowen Adlawan, Alberto
Caño, Ariel Balansag and brothers, James Anthony and James Andrew Uy. (Chiongs lose hope,
2009) The high court found the seven guilty of kidnapping and serious illegal detention with
homicide and rape. On Easter Sunday 2006 however, President Arroyo commuted all death
sentences to life terms, thus saving the six convicts from lethal injection. The sentences on the Uy
brothers were reduced to 12 to 17 years after they proved they were minors when the crime took
place.
 In November 2007, the Senate ratified a prisoners exchange treaty with Spain, the treaty
on the Transfer of Sentenced Persons provided for the return home of the convicted citizens of
each other’s country. Using said agreement between the government of The Philippines and Spain,
lawyers for rape-murder convict Paco Larrañaga won the approval to transfer him to a Spanish
prison. Years after being transferred from the New Bilibid Prison to a Spanish prison, Paco
Larrañaga is working part-time as a chef at a Spanish restaurant in San Sebastian, Spain. Larrañaga
is said to be permitted to leave his cell without a security escort and proceed to work at the
restaurant, then returns at night to his cell. Larrañaga’s legal troubles were described as a pursuit
for justice for a young man framed for a crime he allegedly did not commit in the documentary
“Give up Tomorrow”.
References

Nicai De Guzman, July 17, 2018, “Twenty Years Later, the Chiong Sister’s Murder is Still
Shrouded in Mystery,” Esquire Magazine, retrieved at https://www.esquiremag.ph/long-
reads/features/twenty-years-later-the-chiong-sisters-murder-is-still-shrouded-in-mystery-
a1729-20180717-lfrm4

People of the Philippines v. Francisco Juan Larraaga et.al., G.R. Nos. 138874-75, July 21, 2005

People of the Philippines v. Francisco Juan Larraaga et.al., G.R. Nos. 138874-75, January 31, 2005

Chiong lose hope of finding Jackie. (2009, October 8). Retrieved from
https://web.archive.org/web/20091011032126/http://www.sunstar.com.ph/cebu/chiongs-
lose-hope-finding-jackie

Inquirer Research. (2009, September 5). WHAT WENT BEFORE : The Chiong Sisters Rape-
Murder Case. Philippine Daily Inquirer. Retrieved from
https://web.archive.org/web/20090909205333/http://services.inquirer.net/print/print.php?
article_id=20090905-223648

Convict in Chiong rape-murders to be transferred to Spain. (2009, September 5). Retrieved from
http://www.gmanetwork.com/news/news/nation/171557/convict-in-chiong-rape-murders-
to-be-transferred-to-spain/story/

Sibi, J. (2015, September 10). Paco now works as a chef in Spain. Cebu Daily News Retrieved
from http://cebudailynews.inquirer.net/68277/paco-now-works-as-a-chef-in-spain