Case Digest: Title
Case Digest: Title
FACTS:
This case “Chiong Sisters” has been become controversial case in the history and
until this days.
The Chiong Sisters were Marijoy Chiong, 21 years old, 5’4 height and Jackie
Chiong, 23 yers old, 5’3 height while the accused were Francisco Juan
Larranaga alias “Paco”, Josman Azmar; Rowen Adlawan alias “Wesley”, Alberto
Cao alias “ Allan Pahak”; Ariel Balanasang; Davidson Ariel Rusia alias “Tisoy
Tagalog”, James Anthony Uy alias “ Wangwang” and James Andrew Uy alias
“MM.”
According to the presucutors, 10 pm night of July 16-17, 1997. Francisco Juan
“Paco” Larranaga and six others kidnapped the Chiong Sisters outside a mall in
Cebu. Maryjoy’s body was found 2 days later, while Jacquline’s body was never
found.
The witnessed of the Chiong Sisters is Davidson Ariel Rusia who was convicted
of crime, in fact he had a record of burglary and felon who was a gang member
and was sentenced to prison twice in the United States for other crimes. Rusia
claimed that he was with Larranaga in Ayala Center, Cebu early in the evening of
July 2016.
The defendants “Paco” had a thirty five witnesses, including Larranaga’s
teachers and classmates at the Center for Culinary Arts CCA in Quezon City,
stating that they were with Paco in Manila when the crime is said to have taken
place in Cebu. However, the trial court considered these testimonies irrelevant,
rejecting these as coming from “friends of the accused,” and they were not
admitted. Also Larranaga said that he was at the party at the RandR Restaurant
along Katipunan Avenue, Quezon City, and stayed there until morning the
following day. That had been confirmed by the Securuty guard at Larranaga’s
condominium trough presenting the log book indicates that Larranaga to his
Quezon City condominium at 2:45 a.m.
On the other hand, on May 5, 1999- Francisco Juan “Paco” Larranaga and six
others were convicted of kidnapping and serious illegal detention with homicide
and rape.
Moreover, on February 3, 2005- The Supreme Court has imposed the death
penalty on all suspects except James Anthony Uy, who was a minor when the
crime was committed and on July 2005, the Supreme Court has affirmed the
convictions.
While on June 24, 2006 President. Gloria Macapagal Arroyo signs Republic Act
No. 9346, which abolished the use of capital punishment.
Furthermore, on December 3, 2007. Spanish Foreign Minister Miguel Angel
Moratinos has convinced the Philippine Government to allow Larranaga, a
Spanish citizen, to serve his sentence in Spain under a treaty the Philippines
signed with Spain only in Nov. 2007.
At last, on October 6, 2009 Larranaga is allowed to serve remainder of sentence
at the Madrid Central Penitentiary at Soto deal Real.
ISSUES:
In this case there is a lot of issue here. Just like the following:
1. First and foremost the founded body was not very sure if it is on Maryjoy’s
body because they didn’t perform a scientific test which is the DNA to test
if the founded body was truly belong to the victim.
2. Second after Rusia Davidson testify that they were the one who did this
crime. Thelma Chiong, the mothers of the two sisters visit Rusia and gave
him a gift just like a pair of pants and a polo shirt.
3. After the decision of the court that the accused were found guilty and the
one who involves to investigate and to inspect including the mother of the
Chiong Sisters promoted to a higher position that was given to them after
the case. Just like Police Inspector Pablo Labra was promoted to
Superintendent and Superintendent Napoleon Estilles was promoted to a
post in Manila.
4. The judge had been become ruthless in a way that he dismissed the
evidence of the accused and he dismissed also the lawyers of the
defendant.
5. The Judge on the Chiong case found dead on the hotel because of killing
his own self and he has also a note stating that “Let others be suspected.”
RULLING:
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 penalty of death by lethal injection. Motion for
reconsideration denied by the Supreme Court en banc.
DISSENTING OPINION:
We are not agree on the decision of the Supreme Court about the case of this
“Chiong Sisters,” because it seen, that the accused had the power, enough, and
strong evidence to prove his innocence.
Meanwhile, the Chiong Family had a strong relationship on the President Estrada
who’s the Pres. On that time of the case.
Project in
politics
Sub. By:
Irish B. Taplan
Harvey Dayagon
Irish Ngayaan
Sub. To:
Mr. Alejandre Cielo
Phil. in Politics and Governance Teacher