POV Community Engagement & Education DISCUSSION GUIDE

Give Up Tomorrow A Film by Michael Collins & Marty Syjuco

www.pbs.org/pov LETTERS FROM THE FILMMAKERS

DIRECTOR’S STATEMENT

Producer Marty Syjuco and I had been friends for a few years when his older brother, Paco Larrañaga’s brother-in-law, asked for our help. I had heard that Paco was accused of murdering two women on the island of Cebu in the Philippines, but everyone in the family was embarrassed to talk about it and was 100 percent sure that the Supreme Court would overturn his death sentence.

I retained some skepticism—until I read the letter from the 35 “unheard witnesses” in the case. I was in a café on New York City’s Lower East Side, and the letter brought me to tears. Paco was my age, and over the previous seven years, while I had thrived, he had waited, unjustly condemned to execution, in a horrific gang-run prison. Director Michael Collins There was no way to ignore the injustice; I had a background in video Photo courtesy of Joshua Z. Weinstein and had long believed in film’s ability to create social change. But it was only when I realized how passionate I had become about this story that I felt the full power of the medium.

Passion alone does not make good cinema, though, and it has taken seven years to complete this project. Our first step was to go to Los Angeles to interview two of the letter writers who attested to Paco’s whereabouts when the crime was committed in 1997. They had left the Philippines, partially out of disgust over this case, but also because they felt haunted by guilt—the same guilt we would feel if we were unable to reverse a clear and terrible injustice. At our first meeting in Los Angeles, the two broke down and wept over their powerlessness and failure to make anyone listen. They painted a picture of cronyism, corruption and class and race conflict in the Philippines that made us realize this injustice was only the tip of a very deep iceberg.

In the Philippines, a few people, galvanized by the opportunity to do the right thing, supported us with housing, resources, information and encouragement. Others held back, believing that the system was beyond reform and the risk in going against police, presidents and drug lords was too high.

Paco, who soon will have spent half his life in prison, was reticent for other reasons: When we discussed the case and prison, he became cold and somber. But when we talked about his pre-trial life, he was full of warmth and enthusiasm. I regret that—because of the prison environment and Paco’s experience of media as enemy—we could not adequately capture on film the sweetness and joy in his personality that we glimpsed, and that Paco’s friends and family saw as his essential nature.

I came to understand that we could prove Paco’s innocence over and over with the facts, but that would never be enough. We needed not only to expose a deep and complex dynamic of corruption and injustice, but also to reveal the part of the culture of the Philippines that is human, decent and suffering.

Michael Collins Director, Give Up Tomorrow

DISCUSSION GUIDE Give Up Tomorrow |2 LETTERS FROM THE FILMMAKERS

PRODUCER’S STATEMENT

I first met Paco at my brother’s wedding to Mimi, Paco’s older sister. Eight years younger than I, he was just an overweight kid, and I didn’t pay him much attention. Later, when I heard about his arrest and trial, I went on with my life. Part of me figured the courts would sort it out. Another part was so inured to the injustice and corruption that form the background noise of the Philippines, that I, like most Filipinos, was hobbled by fatalism.

After moving to New York and working in film distribution, I began to crave something more meaningful and creative. When Paco’s sentence was elevated to death, and I saw the letter from the 35 “unheard witnesses,” I knew I was at a crossroads. My own mother had seen Paco in Manila—300 miles from the scene of the crime—on the day of the murders and had been denied the right to testify in court and corroborate his alibi. Producer Marty Syjuco I know some will question my objectivity and intent because Photo courtesy of Joshua Z. Weinstein Paco is my brother-in-law, but that relationship gave me inside access and perspective. It also opened my eyes to a part of the Philippines that, as one of its beneficiaries, I had ignored.

My family members are mestizos, a group that traditionally benefits from endemic corruption and cronyism. Educated in Canada and the United States, I had lived in a gated community in the Philippines, and I had been naively and willfully ignorant of the poverty all around me—blind even to the thousands of street children who haunt our cities. My clan was well protected by race, political connections and wealth from the worst aspects of our country’s deeply flawed system.

It was precisely my comfort in this role, and my perspectives as a political and familial insider, that made me particularly suited—and obligated—to act in Paco’s case. I had left the Philippines, but it lived inside me. And I knew I had to return. I love the country and have friends and family there, but I have grown to abhor the fatalism that allows people to turn away from injustice, and that helps the elite control the poor and uneducated.

But even for the elite, the country’s poorly paid and ill-trained police are a persistent threat—to be bribed as a first resort, and from which to escape if that fails. Under political pressure to solve crimes, they commonly charge any vaguely likely suspect. I strongly believe that most of the Philippines’ prisoners have been denied due process or are innocent—or both, as we found in Paco’s case—and that injustice is facilitated by the media. Once I had believed what I read and saw, but first- hand knowledge made me question so many of my birthright preconceptions and opened not only a sea of skepticism, but an ocean of hope.

Paco Larrañaga is just one among many. And the Philippines is not alone in failing to build the trappings of democracy, including elections, on a solid foundation of impartial institutions, such as independent courts. There are thousands of Pacos around the world, from Egypt to the United States. We are hoping that this film will make not only Filipinos, but people of all nationalities, sit up, pay attention and act.

Marty Syjuco Producer, Give Up Tomorrow

DISCUSSION GUIDE Give Up Tomorrow |3 TABLE OF CONTENTS CREDITS

2 Letters From the Filmmakers 4 Introduction Writer 5 Potential Partners Faith Rogow, PhD 5 Key Issues Insighters Educational Consulting 5 Using This Guide 6 Background Information Guide Producers and Background Research, POV 6 Paco Larrañaga Case Summary Eliza Licht Vice President, 7 Philippines Country Profile Community Engagement & Education, POV 8 Cases of Wrongful Conviction Jamie Dobie 9 Prisoner Transfer Treaties Coordinator, 10 Media Responsibility in the Philippines Community Engagement & Education, POV 11 Selected People Featured Aubrey Gallegos Assistant, in Give Up Tomorrow Community Engagement & Education, POV 14 General Discussion Questions Abby Harri 14 Discussion Prompts Marlaina Martin 17 Taking Action Samantha Rivera 17 Resources Nicole Tsien 19 How to Buy the Film Interns, Community Engagement & Education, POV

Design: Rafael Jiménez INTRODUCTION Eyeball This could be a fictional thriller—a who-done-it with an intriguing Copy Editor: cast of characters. But it is very real. In 1997, as a tropical storm Natalie Danford beat down on an island in the Philippines, the Chiong sisters left work and never made it home. Paco Larrañaga, a 19-year-old student, was arrested, tried and sentenced to death for their rape Thanks to those who reviewed this guide: and murder, despite overwhelming evidence of his innocence. Michael Collins and Marty Syjuco Give Up Tomorrow documents Larrañaga’s controversial trial—one Filmmakers, Give Up Tomorrow of the most sensational ever in the Philippines. The film’s examination of the proceedings strips the veneer of raw emotions to reveal shocking corruption. For more than a decade, two grieving mothers find themselves entangled in a case that ends a nation’s use of capital punishment but fails to free an innocent man.

The filmmakers draw the audience into a straightforward, yet complex, journey that examines prison conditions, coerced confessions, hints of political favors, media sensationalism and the boundaries of international law. Uncomfortably, viewers are left to ponder the impact on individuals, families, communities and a nation when a system that is supposed to deliver justice does the opposite.

DISCUSSION GUIDE Give Up Tomorrow |4 POTENTIAL PARTNERS KEY ISSUES

Give Up Tomorrow is well suited for use in a variety of Give Up Tomorrow is an excellent tool for outreach and settings and is especially recommended for use with: will be of special interest to people looking to explore the following topics: • Your local PBS station • Groups that have discussed previous PBS and POV • Citizenship films relating to criminal justice systems, unjust • Corruption imprisonment or the death penalty, including • Crime/criminal justice Presumed Guilty, Prison Town, USA and Better • Death penalty This World. • Fair trials • Groups focused on any of the issues listed in the Key Issues section • Human rights • High school students • International law • Faith-based organizations and institutions • Journalism • Cultural, art and historical organizations, • Justice institutions and museums • Justice system • Civic, fraternal and community groups • Law • Academic departments and student groups at • Media literacy colleges, universities and high schools • Philippines • Community organizations with a mission to • Prison/incarceration promote education and learning, such as your • Spain local library • Wrongful convictions

USING THIS GUIDE

This guide is an invitation to dialogue. It is based on a belief in the power of human connection, designed for people who want to use Give Up Tomorrow to engage family, friends, classmates, colleagues and communities. In contrast to initiatives that foster debates in which participants try to convince others that they are right, this document envisions conversations undertaken in a spirit of openness in which people try to understand one another and expand their thinking by sharing viewpoints and listening actively.

The discussion prompts are intentionally crafted to help a wide range of audiences think more deeply about the issues in the film. Rather than attempting to address them all, choose one or two that best meet your needs and interests. And be sure to leave time to consider taking action. Planning next steps can help people leave the room feeling energized and optimistic, even in instances when conversations have been difficult.

For more detailed event planning and facilitation tips, visit www.pbs.org/pov/outreach

DISCUSSION GUIDE Give Up Tomorrow |5 BACKGROUND INFORMATION

Paco Larrañaga Case Summary silence? It was later discovered that the plainclothes police who arrested Paco were the alleged drug kingpin’s July 16, 1997 was a typical day for Give Up Tomorrow ’s bodyguards and that the police superintendent was a close subject, Paco Larrañaga. He attended culinary classes and friend. then enjoyed the nightlife in Manila with his classmates. The next morning he was back at school for a day of exams. The story became stranger still. While Paco and the six co- Three hundred miles away on the island of Cebu, parents defendants languished in prison, Thelma Chiong was Dionisio and Thelma Chiong were filing missing-persons appointed vice president of the Crusade Against Violence. reports. Their daughters, Marijoy, 21, and Jacqueline, 23, had Her sister was the personal secretary to the newly elected disappeared while waiting for their father to give them a president, Joseph Estrada, who assigned four different ride home from work. The sisters would never be seen alive agencies to tackle the investigation. again. A battered, blindfolded and handcuffed body was Police searched the Larrañagas’ property for a link to the soon discovered and identified as Marijoy. Jacqueline was crime. No such link was found, but eight months later never found. prosecutors announced they had a star witness. A young Two months later, Paco’s sister, Mimi, received a call from prisoner named Davidson Rusia confessed that he was her frightened brother saying that men in civilian clothes among the gang sought for kidnapping, raping and were arresting him for the kidnap, rape and murder of both murdering the Chiong sisters. When the trial got underway, Chiong sisters. Six other boys in Cebu were also arrested. the prosecution questioned Rusia for days, while Paco’s Although some of the boys’ names were on a list of juvenile counsel was given 30 minutes for cross-examination. delinquents because of a previous altercation, there was no Thelma Chiong called Rusia “a gift from God” and even evidence linking them to the crime. brought the alleged double murderer birthday gifts in prison. Rusia’s cellmates would later claim he had been The Chiong family is Chinese-Filipino. Paco is part of a repeatedly tortured by police before confessing. prominent mestizo political clan that includes a former president. Beefy and tough, with a past of petty offenses, The Philippines has no jury system, so Paco’s fate rested in he neatly fits the role of privileged thug—and that is how he the hands of the judge in the case, Martin Ocampo, who was cast by the frenzied media that swarmed his arrest and made the defense team’s work difficult, even jailing them trial and cheered his eventual sentence to death by lethal for protesting his decision to throw out expert testimony injection. questioning the identification of Marijoy Chiong’s body.

Initially, Paco’s family, devout Catholics like many Filipinos, When Paco’s fellow students and instructors took the stand discussed his leaving the country. But they decided he to verify his alibi, the judge cut short their testimony, would stay and clear his name. “We didn’t think it would go declaring that there were “too many” witnesses. Paco was beyond preliminary investigation because we had . . . more never allowed to take the stand. than 35 witnesses . . . that said this boy was nowhere near Judge Martin Ocampo, who was even seen sleeping Cebu on July 16,” said Mimi. through parts of the proceedings, took three months to As the media began painting sensational portraits of the write his decision. The verdict, reached two years after the accused boys as drug addicts, Thelma Chiong, distraught crime, was devastating: Paco and his co-defendants were mother of the victims, became a sensation herself. She found guilty and received two consecutive life sentences. claimed Paco had been dating and menacing Marijoy, an Under Philippine law, a guilty verdict required the death allegation he and his sister, Mimi, strenuously denied. Mimi penalty, so why did the judge rule otherwise? He admitted began to suspect that the Chiongs were hiding something. there was insufficient proof that the corpse was Marijoy She was right. Chiong’s. “You don’t know the pressure I’m under,” he told reporters who asked if he feared for his life. Five months It turned out that Dionisio Chiong had worked at a trucking later, he committed suicide. company owned by an alleged drug lord. At the time of his daughters’ disappearance, Dionisio had been scheduled to The Chiong family was outraged that the young men had testify against the drug lord at a congressional hearing, not received the death penalty, and their ally President but then he abruptly changed his mind. Could the Estrada asked the Department of Justice to change the murders have been ordered to ensure Dionisio’s sentence. The Larrañaga family appealed to the Supreme

DISCUSSION GUIDE Give Up Tomorrow |6 BACKGROUND INFORMATION

Court to protest the many violations of Paco’s constitu - Philippines Country Profile tional rights.

Lawyers assured the family that Paco’s case was strong. On Location: February 3, 2004, Paco’s mother, like millions of others, would hear the news of the appeal on television. Her son The Republic of the Philippines is a chain of 7,107 islands in was not only found guilty, but now was sentenced to death the western part of the Pacific Ocean, covering an area of by lethal injection. 115,830 square miles in Southeast Asia. The country is divided into three areas: Luzon to the north, Visayas in the But in another twist, the court’s new verdict awakened center and Mindanao to the south. Manila, the capital city widespread support for the accused young men. Student where Paco attended culinary school, is located in Luzon. witnesses joined Catholic priest Father Reyes in organizing Cebu, the home of the Larrañaga and Chiong families, is a run to raise awareness around the case, and Paco's family located in central Visayas. The archipelago was formed by sought new avenues for justice. Because his father was volcanic activity, and is mostly mountainous with areas of Spanish, Paco was also a Spanish citizen. The family coastal lowlands. With 20 active volcanoes, the Philippines appealed to Spain for help and Amnesty International led a is part of the Pacific Ring of Fire and is thus prone to nationwide campaign that generated huge momentum. In seismic activity. The country’s tropical climate also makes it November 2004, activists delivered a petition with nearly susceptible to typhoons. 300,000 signatures to the embassy of the Philippines in Madrid. Population:

The country’s Supreme Court, led by a chief justice related The Philippines has a population of 98 million (2012 to Thelma Chiong, refused to budge. In a final effort, Paco’s estimate). More than 150 native languages and dialects are lawyers submitted his case to the United Nations spoken in the Philippines, and there are four principal Commission on Human Rights, which called for his release. languages: Cebuano, spoken in Visayas; Tagalog, spoken The Spanish government asked Philippine President Gloria around Manila; Ilocano, spoken in northern Luzon; and Arroyo, who had replaced President Estrada following his Maranao, spoken in Mindanao. To establish national unity, removal on corruption charges, to grant Paco clemency. the government promotes the use of Filipino, based on She vowed that Paco’s life would be saved and, Tagalog, as the national language, and it is taught all over astonishingly, abolished the nation’s death penalty in June the country. English is also an official language of the 2006. The two countries agreed that Paco would be country, and many speak it as a second language. The transferred to Spain to serve the remainder of his life Philippines has one of the highest literacy rates of sentence. Thelma Chiong tried—but failed—to prevent the developing countries, with over 93 percent of the transfer. population over 10 years of age able to read. The gender gap is significantly close with regard to health and Paco and his family hoped that his transfer to Spain would education. set him off on a path to freedom, but the Spanish prison review board would only recommend Paco for parole if he Due to over 400 years of Spanish and American rule, more would admit his guilt. More than two years after his transfer than 90 percent of the population is Christian. A small to Spain and 15 years after his arrest, Paco remains in prison Muslim population also exists, around 4.6 percent, concen - but now benefits from an additional privilege of the Spanish trated in central and western Mindanao. Some smaller penal system: Due to time already served, he is granted forest tribes still live in the more remote areas of Mindanao. occasional therapeutic leaves (a few days every month) at With a gross domestic product per capita of $2,370 in 2011, the prison board’s discretion, which means he receives economic growth in the Philippines has averaged 5 percent permission to leave during daytime hours to study and over the past year, with a 7.6 percent growth rate in 2010, work. The Republic of the Philippines retains jurisdiction the highest in 20 years. Since the global financial crisis and over the case. recession, efforts have been made to develop programs that boost infrastructure, and as a result the economy has been relatively stable and resilient.

DISCUSSION GUIDE Give Up Tomorrow |7 BACKGROUND INFORMATION

Government: As a result of massive case backlogs and low salaries, the legal system is fraught with inefficiencies and corruption. The Philippines is a representative democracy modeled Only one percent of the national budget is allocated to the after the U.S. system of government. Under the 1987 consti - judiciary, so very often judges and lawyers become tution, ratified under the Corazon Aquino administration, a dependent on local politicians for resources, which allows government was established with three branches—the political influence to trickle in. This culture of impunity has executive, with a president limited to one six-year term; a made the Philippines one of the most dangerous places for bicameral legislature; and an independent judiciary. The employees in the court system. Since 1999, at least 12 senate consists of 24 members who serve six-year terms; judges have been killed, and the perpetrators remain half of them are elected every three years. The House of unpunished. Representatives is made up of 285 members, 229 of whom represent single-member districts. Party-list represen - Sources: tatives, or party representatives elected at large, occupy the remaining 56 seats. Representatives serve three-year Election Guide. “Philippines.” terms and a maximum of three consecutive terms. Under http://electionguide.org/country.php?ID=171 the constitution, the number of members of the House of Freedom House. “Philippines.” Representatives is limited to 250. However, a 2010 Supreme http://www.freedomhouse.org/report/freedom-world/2012/philippines Court ruling allows additional party members to sit in, if Reuters. “Philippines’ Aquino Sets Up ‘Truth Commission.’” June 29, they attained the required number of votes. 2010. http://in.reuters.com/article/2010/06/29/idINIndia-49743820100629 Some of the major issues affecting the political climate of the country are corruption, cronyism and nepotism. There U.S. Department of State. “Background Note: Philippines.” are several families at the forefront of society, and they http://www.state.gov/r/pa/ei/bgn/2794.htm hold a large share of both political power and economic The World Bank. “GDP Per Capita.” wealth. The incumbent president, Benigno Aquino III, ran on http://data.worldbank.org/indicator/NY.GDP.PCAP.CD an anti-corruption platform. He took office in June 2010. The World Bank. “Philippines Overview.” Under his administration, a Truth Commission was http://www.worldbank.org/en/country/philippines/overview established. This body, led by former Supreme Court chief justice Hilario Davide, Jr., was formed to investigate charges of corruption, election rigging and human rights Cases of Wrongful Conviction abuses during the previous administration under Gloria Though Give Up Tomorrow highlights only one case within Arroyo. As of the end of 2011, Arroyo had been placed on the Philippine judicial system, it illuminates a larger concern house arrest pending trial, and the chief justice she had over wrongful conviction, both in the Philippines and appointed to the Supreme Court had been impeached and worldwide. found guilty of corruption. The next presidential election is The Supreme Court of the Philippines released information slated for May 2016. in 2004 that cited a 71.77 percent judicial error rate in Justice: capital cases in the period from 1993 to 2004, when capital The Supreme Court of the Philippines is composed of 15 punishment was still legal, a percentage determined by the justices, appointed by the president with recommendations total number of death convictions that had been either from the judicial and bar council. The justices serve on the reversed or pardoned. During this time, 651 of 907 court until they reach the age of 70. Other courts include convicted persons were saved from lethal injection due to the Court of Appeals, and the Sandiganbayan (“People’s wrongful conviction. In recognition of this high error rate, Advocate”), a special court for cases involving corruption the Supreme Court issued a ruling on DNA evidence that of government officials. While the Philippines has adopted allows post-conviction DNA testing without need of prior a legal framework similar to that of the United States, it has court order, although it also requires that a relevant not implemented a jury system. A judge hears the case and biological sample exist and that testing be likely to result in issues a ruling. In Paco Larrañaga’s case, it was Judge the reversal or modification of the conviction. Martin Ocampo who heard the evidence and Wrongful convictions are not unique to the Philippines. adjourned the court for three months to write his According to a report released by Columbia University decision.

DISCUSSION GUIDE Give Up Tomorrow |8 BACKGROUND INFORMATION

researchers in May 2012, there have been a total of 2,061 Innocence Project. “Facts on Post-conviction DNA Exonerations.” inmate and ex-convicts exonerated of serious crimes in the http://www.innocenceproject.org/Content/Facts_on_PostConviction_ United States since 1989. Worldwide, DNA evidence has DNA_Exonerations.php assisted in clearing the names of hundreds of wrongfully- The Week. “25 Years of Wrongful Convictions: By the Numbers.” convicted prisoners, many of whom were on death row or http://theweek.com/article/index/228292/25-years-of-wrongful- facing other serious sentences. Use of DNA technology to convictions-by-the-numbers revisit past convictions has led to 297 exonerations in the United States alone. Organizations like the Innocence Prisoner Transfer Treaties Project view this as an indicator of systemic faults in the justice system of the United States and note that there may As a dual citizen of the Philippines and Spain, Paco be thousands in the system who were wrongfully convicted, Larrañaga was moved to a Spanish prison under what is at least some of them impossible to exonerate because known as the RP-Spain Transfer of Sentenced Persons there is no DNA evidence for their cases. Agreement (TSPA). Signed on May 18, 2007 and approved by the senates of both countries, this treaty allows foreign Lengthy police station stays and interrogations are just one prisoners to be sent to their countries of nationality to serve of many reasons for wrongful convictions, which vary out the rest of their sentences. based on the particular case and country. According to the Death Penalty Information Center, wrongful conviction in As of 2011, the Philippine government had established death penalty cases was due in 45 percent of cases to prisoner transfer agreements with five different nations— eyewitness misidentification, in 17 percent to government China, Canada, Cuba, Thailand and Spain. Though Paco’s misconduct, in 10 percent to “snitches,” in 9 percent to case is an exception, the origin of prisoner transfer treaties mishandled evidence or unqualified experts, in 8 percent to is largely humanitarian—they are typically issued to protect false confession and in 29 percent to other causes, nationals who are incarcerated abroad under abusive and including hearsay and questionable circumstantial inhumane conditions. The sentencing country (in Paco’s evidence. (The totals add up to more than 100 percent case the Philippines) retains sole power over whether or not because in many cases there is a combination of causes at the convicted person will be granted amnesty or pardon, work.) but the treaty is dependent on the cooperation of partner nations and encourages cordial international relations. In In the United States, eyewitness misidentification was a this case, Spain has the option to ask the Philippines for factor in 72 percent of post-conviction DNA exoneration clemency for Paco. cases. It has been reported by many organizations studying this phenomenon that race may play a role, as 40 percent The RP-Spain TSPA permits transfers to be carried out only of identifications are cross-racial and some studies have if certain criteria are met. The sentenced person must be a shown that it may be more difficult for people to identify national of the state to which he or she is being transferred; someone of a race that is not their own. the committed offense must be criminally punishable both in the country of offense and the country of nationality; the Sources: sentence must be final and without other legal recourse;

Asia Times Online. “Wrongful Conviction Puts Spotlight on Japanese and the sentenced person must have consented to the Justice.” transfer, satisfied any payment of fines and have at least http://www.atimes.com/atimes/Japan/NF30Dh01.html one year left to serve. In Paco Larrañaga’s case, the Chiong

Innocence Project. “The Causes of Wrongful Conviction.” family reportedly received 750,000 Philippine pesos in civil http://www.innocenceproject.org/understand damages from the Larrañaga family (an amount equivalent to approximately $18,000 in 2012). Once a sentenced Innocence Project. “Eyewitness Identification Reform.” person or either partner nation confirms that all of these http://www.innocenceproject.org/Content/Eyewitness_ criteria apply, a transfer request may be submitted to the Identification_Reform.php central authority of the state holding the individual.

Prisoner transfer agreements also exist in Australia, Japan, the Americas and several European countries. This type of agreement made national headlines in the United States

DISCUSSION GUIDE Give Up Tomorrow |9 BACKGROUND INFORMATION

when three British businessmen (the so-called “NatWest and absolutely biased reportage that I’m sure any media Three”) pled guilty to fraud during the 2007 Enron case and personality would want to deny.” were transferred to the United Kingdom prison system after To date, much of the attention paid to media responsibility serving only six months of a 37-month sentence. in the Philippines has focused on journalists charged with Records kept by the U.S. International Prison Transfer Unit libel against politicians. For example, in 2005, five (the branch of the U.S. Department of Justice that presides journalists in Cebu were charged for publishing stories over prison transfer agreements involving the United about a mayor’s alleged involvement in a bank robbery of States) reveal that 595 foreign nationals were sent back to nearly 100 million pesos. In 2012, a forum was organized by their home countries from United States prisons between the Cebu Citizens-Press Council in recognition of World 2008 and 2010 and 163 Americans returned from prisons Press Freedom Day. Gabriel T. Ingles, associate justice at abroad in that same time period. the Philippine Court of Appeals, supported Justice Vicente Mendoza’s idea of distinguishing between political and Sources: private libel. abs-cbnNEWS.com. “Larrañaga Turned Over to Spain.” In June 2011, the Committee to Protect Journalists ranked http://www.abs-cbnnews.com/nation/10/06/09/larra%C3%B1aga- the Philippines third in its impunity index, which calculates turned-over-spain unsolved media killings as a percentage of each country's Council of Europe. “Convention on the Transfer of Sentenced Persons.” population. In a 2005 report on a study of freedom of http://conventions.coe.int/Treaty/en/Treaties/Html/112.htm expression and the media in the Philippines and six other Lee-Brago, Pia. “DFA Chief Defends RP-Spain Prison Transfer Treaty.” Asian countries, Article 19, an international human rights The Philippine Star, September 12, 2009. organization that defends and promotes freedom of http://www.philstar.com/Article.aspx?articleId=504546&publicationSu expression and freedom of information worldwide, pointed bCategoryId=63 to “the failure of the Philippine mass media to provide citizens with balanced and objective information they need Media Responsibility in the Philippines on matters such as their own rights.” The media’s involvement in the Chiong case seemed unjust and biased to many observers. From the recorded re- Sources: enactment that demonized the seven young men on trial to news broadcasts that referred to Paco Larrañaga by Article 19. “Freedom of Expression and the Media in the Philippines.” http://www.article19.org/data/files/pdfs/publications/philippines- various derogatory names, media responsibility became a baseline-study.pdf point of contention for Larrañaga’s domestic and interna - tional supporters. Center for Media Freedom & Responsibility. “Cebu Journalists Face Libel Suit.” In 2011, the Philippine Center for Investigative Journalism http://www.cmfr-phil.org/2005/10/06/cebu-journalists-face-libel-suit/ issued a proposal for a publication that would illustrate the GMA News. “The Refusal to Give Up Today.” Philippine media’s sensational reporting on rape and would http://www.gmanetwork.com/news/story/267007/opinion/the-refusal- recommend ethical guidelines for journalists. The proposed to-give-up-today publication would focus on the Chiong rape case, specif - ically, and would cite articles published in the media outlets Philippine Center for Investigative Journalism. “Reporting on Rape.” http://www.scribd.com/doc/50091078/Reporting-on-Rape-Media- that covered the case, including the Philippine Daily Coverage-Content-Analysis Inquirer, Philippine Star, Manila Bulletin, Manila Times and the tabloids Bulgar, Tempo and Abante . Solidarity Philippines Australia Network. “Statement on Press Freedom in the Philippines.” In a July 2012 opinion piece on the GMA News website, http://cpcabrisbane.org/Kasama/1999/V13n3/Press.htm blogger and essayist Katrina Stuart Santiago revisited the SunStar Cebu. “Forum Discusses Libel in Media.” media’s involvement in the Chiong case. She writes that http://www.sunstar.com.ph/cebu/local-news/2012/05/05/forum- “the media saw the bad boy stereotype and sold it to us discusses-libel-media-219824 as the truth behind, if not the premise of, this story of crime. Certainly this was the state of media in 1997, in a grand display of gross sensationalism

DISCUSSION GUIDE Give Up Tomorrow |10 BACKGROUND INFORMATION

Selected People Featured in Give Up Tomorrow The Families

Paco Larrañaga Mimi, Paco’s sister Jaime , Paco’s brother-in-law (Mimi’s husband)

Manuel and Margot , Paco’s parents Imanol , Paco’s brother Maisha , Paco’s cousin in Spain

Tatat , Paco’s aunt in Spain

Marijoy and Jacqueline Thelma and Dionisio Chiong , Cheryl Jimenea , Thelma Chiong’s sister “Jackie” Chiong , parents of the victims the missing girls DISCUSSION GUIDE Give Up Tomorrow |11 BACKGROUND INFORMATION

Selected People Featured in Give Up Tomorrow Journalists and Television Personalities

Leo Lastimosa Suzzane Salva Teddy Locsin, Jr.

Dong Puno Solita Monsod Lucia Gomez

DISCUSSION GUIDE Give Up Tomorrow |12 BACKGROUND INFORMATION

Selected People Featured in Give Up Tomorrow Law Enforcement and Government Investigators

Napoleon Estilles , senior police Pablo Labra , police inspector, arresting Teresita Galanida , prosecuting attorney superintendent and friend of the officer and winner of Cebu’s 1997 employer of Dionisio Chiong Outstanding Policeman award

Judge Martin Ocampo , trial judge

Advocates and Legal Advisors

Mike Armovit, defense attorney Sandy Coronel, defense attorney Sarah de Mas , Fair Trials International

DISCUSSION GUIDE Give Up Tomorrow |13 GENERAL DISCUSSION QUESTIONS

Immediately after the film, you may want to give people • If a friend asked you what this film was about, what a few quiet moments to reflect on what they have seen. If would you say? the mood seems tense, you can pose a general question • Describe a moment or scene in the film that you and give people some time to themselves to jot down or found particularly disturbing or moving. What was it think about their answers before opening the discussion: about that scene that was especially compelling for • If you could ask anyone in the film a single question, you? who would it be and what would you ask him or her? • What did you learn from this film? What insights did it provide?

DISCUSSION PROMPTS

The Justice System José Bono, Spain’s minister of defense at the time, asks the president of the Philippines to commute Paco’s death What is the role of an unbiased court and the rule of law in sentence. In your view, is Spain overstepping its bounds a civil society? What happens when people stop trusting and interfering with the justice system of a sovereign the justice system? Beyond this case, can you think of nation? Do you think Spain should play a role in this instances in which a sizable number of citizens stopped situation? trusting their country’s legal system? What happened as a result? Fair Trials International, Amnesty International and the United Nations Commission on Human Rights all get Based on what you see in the film, how do laws and policies involved in Paco’s case. Given what you see in the film, is it prevent or facilitate corruption? Consider things like hiring advisable to involve independent human rights groups in processes, how one earns a license to practice law, these matters? What are those groups able to do that requirements for arrest and detention and who has a say in others are not? whether or not a prosecution moves forward. The Arrest Following the trial, those involved in the prosecution and conviction received promotions. What was your reaction to Journalists indicate that police were under a great deal of this news? When are promotions a natural and appropriate pressure to solve this crime. What factors create pressure reward for success and when are they evidence of on the police? Under what circumstances do acceptable corruption? factors (e.g., eliminating possible danger to the public) give way to undue influence that leads to mistakes or Paco Larrañaga’s attorney Sandy Coronel says in the film, corruption? “To lose hope in this case would be to concede the entire justice system. Because I see this case as a test of how Inspector Pablo Labra zeroed in on Paco because Paco’s effective and how real our justice system works.” What was name appeared in police records (the result of a “minor your reaction to that statement? If this was a test case, how scuffle” in 1995). In your experience, what does a criminal do you think the Filipino justice system fared in the end? record do to a person’s reputation? How many people in your community, family or circle of friends have criminal Prosecution witnesses received reward money. Should records? How do you think this influences people’s witnesses ever receive payment for their testimony? If not, perceptions of them? why not? If so, under what circumstances? Thelma and Dionisio Chiong say that Paco pursued Marijoy How does being in prison change Paco? What does this Chiong and she rejected him, implying that he was a suggest about the practice of imprisoning people while spurned suitor. What is the impact of this statement on the they await trial? general public? What does it suggest about the culture’s beliefs about men and masculinity?

DISCUSSION GUIDE Give Up Tomorrow |14 DISCUSSION PROMPTS

Evidence Davidson Rusia is arrested and confesses, then implicates Paco and the others, in exchange for his freedom. Do you If you were telling the story from Chiongs’ side, how would find his story to be credible? Why or why not? you explain each piece of evidence, each trial decision and each “coincidence”? What if you were telling the story from Prosecuting attorney Teresita Galanida points out that the the Larrañaga family’s point of view? Philippine legal system does not use juries. Only a judge actually hears evidence. What are the strengths and Thirty-five witnesses signed affidavits stating that they weakness of that system? were with Paco in Manila while the alleged crime was happening in Cebu. What made this alibi evidence The defense seeks a change of venue from Cebu to Manila. believable or not believable? Which of the witnesses do you If it were up to you, what criteria would you use to decide find believable and why do you find those people whether or not to move a trial out of the community where convincing? the crime was committed?

Paco’s sister Mimi says, “You know, at first, Mrs. Chiong had What is your explanation for these trial rulings? How do you my sympathies. I’m a mom, too. I have a daughter, too. And think Ocampo would have explained them?: I felt her pain.” Did you share her sympathy? What makes • The judge refused to hear testimony from many of Mimi change her mind? Paco’s alibi witnesses.

The filmmakers present several “coincidences.” What • Cross-examination of key prosecution witness conclusions do you draw from these events?: Davidson Rusia was limited.

• Paco was arrested by plainclothes police officers who • The judge excluded forensic evidence that challenged did not have a warrant or proper I.D. The arresting officers the identification of the body. also worked as bodyguards for the alleged drug lord • When defense lawyers challenged that ruling, the • Shortly before the murders, Dionisio Chiong’s trucking judge jailed the lawyers and continued the trial with lawyers business was under investigation for drug trafficking. He that he appointed. was scheduled to testify against his boss, in front of a • Paco was not allowed to testify in his own defense. congressional committee on drugs, but before the scheduled date his daughters disappeared and he decided In explaining his sentence of life imprisonment, Judge not to testify. Ocampo says, “You have to follow what the law says.” Given this statement, how do you think Paco ended up • Cheryl Jimenea, Thelma Chiong’s sister, supervised a being sentenced to death? raid of the Larrañaga family farm based on reports of screams coming from the property.

• After the trial, Judge Martin Ocampo was found dead The Impact and Response in a hotel room with a suicide note. What is the significance of the film’s title?

• While Paco’s case was on appeal, President Joseph Paco Larrañaga’s father, Manuel, says, “As parents we feel Estrada was convicted of corruption and removed from incredibly helpless... if we fall, our son falls.” What is the role office. of family support in Paco’s survival?

• The chief justice of the Supreme Court of the As is the case with most convictions, the consequences Philippines, which rejected international pleas to suspend extend beyond the sentences served by the defendants. imposition of the death penalty, is related to Thelma How do Paco’s trial and conviction affect the members of Chiong. his family? How about his classmates or the community in which he lived? Trial Procedure Mimi says that after the death sentence was imposed “we didn’t know how to comfort him. How do you tell him, ‘I’m What was the role of the victims’ family in the prosecution sorry for this injustice. I’m sorry that it happened to you’?” of this crime? In your view, what is the proper role for What would you tell Paco? victim families?

DISCUSSION GUIDE Give Up Tomorrow |15 DISCUSSION PROMPTS

The death sentence shakes Mimi’s faith in God. How does Television personality Teddy Locsin, Jr. calls the boys Father Reyes’ response to the injustice help restore that “animals” and “drug addicts,” and he derogatorily describes faith? What are the other “ripple effects” of the choice Paco as “a Spanish-blooded mestizo.” What role do word made by Father Reyes, and the other runners, to take a choices, labels and prejudice play in shaping people’s public stand in support of Paco? Compare those “ripple perceptions of the defendants and their case? effects” to the effects of the verdict itself and the A re-enactment of the crime based on Rusia’s testimony is corruption that was behind it. broadcast nationally while the trial is occurring. Should Justice media outlets be prevented from airing such broadcasts, or do they have the right to do so as part of free speech or The Arroyo administration ultimately abolishes the death their duty to keep the public informed? If you were a penalty. What does Paco’s case offer that could or should regulator, what guidelines would you offer to govern such inform current debates over the death penalty? re-enactments? Despite Thelma Chiong’s attempts to obstruct the transfer, Journalist Leo Lastimosa says, “It’s so easy to manipulate Paco is ultimately sent to Spain. Why doesn’t the transfer people. It’s so easy to exploit drama and tragedies and end this case for the Philippines? What else would need to calamities to favor selfish interests.” In this case, who did happen for the matter to be fully resolved? What would it the manipulating and exploiting? How did they manage it in take to restore justice in the Philippines? the face of such overwhelming evidence of Paco’s In Spain, the prison review board says that it will grant innocence? parole to Paco if he admits his guilt. Paco responds, “How can I assume something I didn’t do? I can never admit guilt because I am not guilty. I’d rather… have the death penalty again than admit a crime that I didn’t do.” If you were Paco, how do you think you would respond to this “Catch-22”?

At this point, what would justice look like for Paco?

The Role of Media How would you describe the role that journalists played in convicting Paco and in freeing him?

How did media outlets benefit from reporting on, and sensationalizing, the murders and the trial?

Paco’s mother says, “My mother comes from a political family. Her family name is Osmeña. So the media always would put ‘Paco, the scion of a political and wealthy family.’ We are not wealthy. My husband works so hard. We have a farm and he works so hard so that we can have our daily living.” What role do you think class and ethnicity played in Paco’s arrest and prosecution and the publicity surrounding the case? Why would the media cast Paco as the “scion of a political and wealthy family”? What is the appeal of a presumably rich young man going to jail?

At the beginning of the film, reporters and investigators ask Paco questions such as, “Who do you think framed you?” If Additional media literacy questions are available at: you had been interviewing him, would these have been www.pbs.org/pov/educators/media-literacy.php your questions? What questions would you have asked?

DISCUSSION GUIDE Give Up Tomorrow |16 Taking Action

• Conduct fundraisers or public information campaigns to support the efforts of human rights organizations like Amnesty International or Fair Trials International to free people who have been unjustly imprisoned. In the United States, local affiliates of the Innocence Project can provide suggestions on how to start or where to find support for ongoing initiatives.

• Visit http://freepaconow.com/ and explore ways to get involved in the Free Paco Now campaign

• Research jail and prison conditions in your state, especially conditions for people awaiting trial (who have not yet been convicted of anything). Compare them to the conditions you see in the film. Decide what changes, if any, should take place and make a plan of action to address the needs. As an alternative, meet with the families of people who are incarcerated and listen to their experiences and their needs. Discuss ways your community could help meet those needs.

• Convene a screening of Give Up Tomorrow as part of a teach-in or debate on the proposition that the United States should follow the example set by the Philippines and abolish the death penalty.

FILMMAKER WEBSITE www.pacodocu.com The film’s official website includes video in Spanish, the filmmakers’ blog, an update on Paco and information on the Free Paco Now campaign.

Original Online Content on POV To further enhance the broadcast, POV has produced an interactive website to enable viewers to explore the film in greater depth. The Give Up Tomorrow website—www.pbs.org/pov/giveuptomorrow/—offers a streaming video trailer for the film; a list of related websites, articles and books; a downloadable discussion guide; and special features, including deleted scenes and updates on Paco’s case.

FREE PACO NOW REPRIEVE http://freepaconow.com/case-documents http://www.reprieve.org.uk/cases/pacolarranaga Advocates for Paco’s release have gathered documents Reprieve uses the law to enforce the human rights of related to the case. Available in English and Spanish. prisoners, from death row to Guantánamo Bay. The group investigates, litigates and educates, providing legal support FAIR TRIALS INTERNATIONAL to prisoners unable to pay for it themselves. This page www.fairtrials.net/cases/article/francisco_juan_ provides information regarding the Larrañaga case. larranaga_paco This organization assists individuals accused of crimes who are being held in foreign prisons and it helped to bring Paco’s case before the United Nations Commission on Human Rights.

DISCUSSION GUIDE Give Up Tomorrow |17 RESOURCES

Human Rights and the Death Penalty PROCON.ORG http://deathpenalty.procon.org AMNESTY INTERNATIONAL This site, which focuses on the United States, provides an www.amnesty.org/en/region/philippines/report-2012 overview of the policy debate regarding the death penalty, For the current status of human rights in the Philippines, as well as information about the history of the death access this report from Amnesty International. Also of penalty and its implementation. There are also links to interest is the group’s information on abolishing the death Amnesty International’s global reports on which nations still penalty (www.amnesty.org/en/death-penalty) and its carry out death sentences. petition in support of Paco (www.es.amnesty.org/ actua/acciones/filipinas-espanol-condenado-a-muerte/). UNITED NATIONS OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS CHANGE.ORG www.ohchr.org http://criminaljustice.change.org On Larrañaga’s behalf, this office pressured the Philippine Change.org is an online hub for social change that hosts government. The office’s website provides country-by- online communities for 20 major causes, including prison country reports, as well as general information on human reform. With a team of hundreds of writers and nonprofit rights. partners, it serves as a central platform for promoting movements for social change on the Web. The section on criminal justice provides information about broken prison systems around the globe and how governments are working to address the issue.

HUMAN RIGHTS WATCH www.hrw.org/search/apachesolr_search/philippines This link brings up current headlines related to human rights in the Philippines on the group’s website. Search for the term “death penalty” to see stories about current death penalty cases across the globe.

INNOCENCE PROJECT www.innocenceproject.org The Innocence Project is a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and to reforming the criminal justice system to prevent future injustice. Law students handle case work while supervised by a team of attorneys and staff.

DISCUSSION GUIDE Give Up Tomorrow |18 HOW TO BUY THE FILM

To order Give Up Tomorrow, go to www.shoppbs.org

Produced by American Documentary, Inc. Major funding for POV is provided by PBS, The John D. and and beginning its 25th season on PBS in Catherine T. MacArthur Foundation, National Endowment for 2012, the award-winning POV series is the the Arts, The Educational Foundation of America, New York longest-running showcase on American television to feature State Council on the Arts, New York City Department of the work of today’s best independent documentary filmmakers. Cultural Affairs, FACT and public television viewers. Funding Airing June through September with primetime specials during for POV's Diverse Voices Project is provided by the the year, POV has brought more than 300 acclaimed documen- Corporation for Public Broadcasting and The Andy Warhol taries to millions nationwide and has a Webby Award-winning Foundation for the Visual Arts. Special support provided by the online series, POV’s Borders. Since 1988, POV has pioneered the Academy of Motion Picture Arts and Sciences. POV is art of presentation and outreach using independent nonfiction presented by a consortium of public television stations, media to build new communities in conversation about today’s including KQED San Francisco, WGBH Boston and THIRTEEN most pressing social issues. Visit www.pbs.org/pov. in association with WNET.ORG.

POV Digital www.pbs.org/pov American Documentary, Inc. www.amdoc.org POV’s award-winning website extends the life of our films American Documentary, Inc. (AmDoc) is a multimedia online with interactive features, interviews, updates, video and company dedicated to creating, identifying, and presenting educational content, as well as listings for television contemporary stories that express opinions and perspectives broadcasts, community screenings and films available online. rarely featured in mainstream-media outlets. AmDoc is a The POV Blog is a gathering place for documentary fans and catalyst for public culture, developing collaborative strategic- filmmakers to discuss their favorite films and get the latest engagement activities around socially relevant content on news. television, online, and in community settings. These activities are designed to trigger action, from dialogue and feedback to POV Community Engagement and Education educational opportunities and community participation. www.pbs.org/pov/outreach POV films can be seen at more than 450 events nationwide every year. Together with schools, organizations and local PBS stations, POV facilitates free community screenings and You can follow us on Twitter @POVengage produces free resources to accompany our films, including for the latest news from discussion guides and curriculum-based lesson plans. With our POV Community Engagement & Education. community partners, we inspire dialogue around the most important social issues of our time.

Front cover: Paco Larrañaga behind bars, being interviewed by a news reporter, shortly after he was arrested for the kidnap, rape and murder of two sisters in the Philippines. Photo courtesy of Arni Aclao

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