Case Brief: Due Process

“Give up tomorrow”

16 Dulce, Alyssa O.
12HUMSS2
Passed to:
Ma’am Laelani Arocha
Pol. Gov
 Republic of the Philippines v. Larrañaga
G.R. Nos. 138874-75. February 3, 2004

Apellants:
Francisco Juan Larrañaga,
Josman Aznar,
Rowen Adlawan,
Alberto Caño,
Ariel Balansag,
Davidson Rusia,
James Anthony Uy,
James Andrew Uy

Facts:
The Republic of the Philippines, filed a sentence of double life imprisonment to the “Chiong Seven”
which consists of Francisco Larrañaga, Jozman Aznar, Rowen Wensley Adlawan, Alberto Allan Cano,
Ariel Balansag, James Andrew Uy, and James Anthony Uy for the rape, murder and abduction of the
Chiong sisters, Marijoy and Jacqueline Chiong.
The convicted crime took place in Carcar, Cebu. Whereas two days after the suspected body of Marijoy
was found and investigated. Observations and examinations concluded that the body was raped several
times then thrown off to a ravine.
In 1997, September 15, at Paco’s school there were 4 men with guns surrounding Paco claiming to be
policemen where they illegally arrested Paco. He was convicted of the abduction that happened on July
16. Paco states that he was somewhere in Katipunan that night the crime happened. The attendance in his
class was checked and he was at school that day July 16, and took the exam the day after, July 17. Which
makes it impossible for him to have committed the crime. Paco was released, but on the conditions that he
would fly to Cebu the next day for further interrogations.
Paco and the others are claiming to be “framed” by someone or some organization. They were convicted
of murder and was sent to Bagong Buhay Rehabilitation Center based in Cebu. After jailing them, case
was considered close and the policemen were commended and lioned by the citizens.
The Larrañagas petitioned to have Paco released on the grounds that he was arrested illegally. But this
motion was denied and Paco was ordered to remain in jail until a preliminary investigation was
completed. 44 witnesses signed affidavits stating that they’re with Paco in Manila the night the crime
happened but the police did not interrogate even one of them. Paco’s lawyers seeks to move the
preliminary investigations proceedings to Manila.
The Father of the Chiong sisters, Dionisio Chiong was a trusted lieutenant of one of the major druglords
in the Philippines. His trucking business, managed by Mr. Chiong was being investigated for drug
trafficking but shortly before the fateful night the incident happened, Mr. Chiong was dismissed by his
boss. Mr. Chiong was called to testify against his boss in front of the Congressional Committee on
Dangerous drugs but before his testimony, his daughters went missing and that leaves him with the
motion not to testify.
6 months after the arrest, the police still didn’t have any hard evidence. Pablo Labra, a police inspector,
was the one who obtained the list of juvenile delinquents in the NBI files. After that, he just suspected
people and began to prematurely arrest them, illegally and without any evidence. The Chiongs brought
the case to the current president, Erap Estrada when they were arranged to meet with the president.
Estrada threw 4 law enforcements agencies to make evident progress on the case.
Police investigators, pressured to make immediate progress towards a conviction, went to the Larrañaga’s
farm to investigate without further notice. The police claimed that they received a tip that screams of
women were heard at the farm the night the incident happened.
Rusia was a felon from the United States and was said to bear false witness. Paco and Aznar stated that
they don’t know Davidson Rusia and that Rusia was tortured and coerced to confess false witness to the
police. A lot of inconsistencies were found in his stories and so he was suspected to be a false witness.
Even so, he was granted of his freedom by Judge Ocampo.
Thelma Chiong was cross-examined by Ramon Teleron, a defense attorney and the fact that she didn’t
even recognized the body came out of her words. The Chiong family even concluded that the bodies were
neither Marijoy’s or Jackie’s. Forensic experts were there to state their findings but suspiciously, the
forensic experts were not allowed to testify anymore according to Judge Ocampo who announced that the
body’s identity doesn’t matter anymore.
The 5 lawyers who wanted to resign as counselors for the reason that they cannot take the injustice
anymore were thrown to jail by Judge Ocampo. He was making up his own rules, an obstructive judge he
was. PAOs were assigned to Paco’s case but they didn’t even study the case. They were not of help for
the Larrañaga family.
On November 17 1998, the defense began to present their case. Judge Ocampo was too much intimidating
against the witnesses of Paco. He did even say “You’re lying” to the 13th witness. The most valuable
witness who had the photographs the night it happened was even accused of image persuation. Then the
judge did not accept any more witness from Paco’s school. Judge Martin Ocampo adjourned the court for
3 months to write his decision, and also granted Rusia his freedom.
The 2-hour long verdict was read and resulted to two life sentences in prison. After the verdict has been
made, all the prosecutors from the panel got promoted. Erap said that he was not satisfied with the 2 life
sentences in prison, he wanted death penalty. After knowing the verdict, the Larrañagas filed an appeal
with the Supreme court citing that Paco’s constitutional rights has been violated repeatedly. Paco and his
co accused were transferred to the maximum security prison in Manila, Bilibid prison.
The supreme court went beyond the conclusions of Judge Ocampo and elevated the life sentence from
imprisonment to death by lethal injection. After Arroyo’s meeting with the Spanish king, the death
sentence was abolished and the prisoner exchange treaty allowed Paco to complete his life sentence in
Spanish prison in parole.
Case for the Prosecution:
A double life imprisonment was given to the 7 people who was accused of committing crimes such as
abduction and illegal detention of the Chiong sisters, Marijoy and Jacqueline on July 16, 1997. Davidson
Rusia’s testimony against the accused match the evidences presented; the body that was found at the
bottom of a ravine. The prosecutors states that the alibi of the accused is not possible and that there is no
hard evidence from the defense that is it physically impossible for Paco to go to Cebu the night it
happened then return to Manila the day after.

Case for the Defense:

Defense argues that Paco Larrañaga was violated of his constitutional rights and was illegally arrested.
The defense also argues that the prosecution immediately considered Rusia, a felon from the United
States as a witness without further investigations, inconsistencies were evident in his stories too. Another
one, the Judge did not allow the forensic experts to examine the body that was found in the ravine futher
to know the identity of the body. The most valuable witness that had the photographs and the other 43
witnesses were also dismissed, leading to the conclusion that the trial was biased, Furthermore, Paco
cannot fly to Cebu then return to Manila right after.

Issues:
1. Whether the writ of habeas corpus is violated.
2. Whether the verdict of the judge is justifiable.
3. Whether the grounds for arresting the accused is legal.
Ruling:
The rule is when the law serves a single penalty for two or more offense. The result of the crime will be
called “special complex crime” Abduction and illegal detention or when the victim is murdered, subject to
torture or raped, etc, maximum sanction must be implemented and it will change from complex crime up
to special complex crime and in the present case respondents are guilty beyond reasonable doubt of the
special complex crime of kidnapping and serious illegal detention with homicide and rape and are
sentenced to suffer the maximum consequences (Article 267 of the Revised Penal Code, as amended by
Section 8 of R.A. 7659). Article 68 of the Revised Penal Code provides that by reason of minority, the
pending penalty for the offender is one degree lower than the statutory penalty. As a penalty for the
special complex crime of kidnapping and serious illegal detention with homicide and rape is death, the
correct penalty to be imposed should be reclusion perpetua. On the other hand, the reparations for
kidnapping and illegal detention is reclusion perpetua to death. One degree lower from the said penalty is
reclusion temporal. There being no aggravating circumstances, the penalty to be imposed on him should
be reclusion temporal in its medium period. Applying the Indeterminate Sentence Law, he should be
sentenced to suffer the penalty of 12 years of prison as a minimum, to 17 years of reclusion as a
maximum.

Rationale:
In my own opinion based on the documentary, the verdict of the court is unjustifiable and the Philippine
Justice System is weak. It is easily corrupted and persuaded by rich and powerful individuals or families
that are involved in serious cases. The trial was not seriously proceeded and the evidences and witnesses
of the defense were disregarded, and was dismissed resulting to biased decisions made by the court.
Bribery, false witnesses, injustice and corruption was evidently found in the case of the century. I demand
that Paco and the other 6 shall be recognized of their innocence and be granted of their freedom. The ones
that shall be imprisoned are the corrupt officials who use power illegally and promotes injustice in the
Philippine Justice System. The accused are innocent.