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 Director Michael Collins gang-run prison. Photo courtesy of Joshua Z. Weinstein There was no way to ignore the injustice; I had a background in video 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 Producer Marty Syjuco Paco in Manila—300 miles from the scene Photo courtesy of Joshua Z. Weinstein of the crime—on the day of the murders and had been denied the right to testify in court and corroborate his alibi.

I know some will question my objectivity and intent because 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 Writer 5 Introduction Faith Rogow, PhD 6 Potential Partners Insighters Educational Consulting 6 Key Issues 6 Using This Guide Guide Producers and Background Research, POV 7 Background Information Eliza Licht 7 Paco Larrañaga Case Summary Vice President, Community Engagement & Education, POV 11 Philippines Country Profile Jamie Dobie 13 Cases of Wrongful Conviction Coordinator, 15 Prisoner Transfer Treaties Community Engagement & Education, POV 17 Media Responsibility in the Philippines Aubrey Gallegos Assistant, 19 Selected People Featured Community Engagement & Education, POV in Give Up Tomorrow Abby Harri 22 General Discussion Questions Marlaina Martin 23 Discussion Prompts Samantha Rivera 30 Taking Action Nicole Tsien 31 Resources Interns, Community Engagement & Education, POV 33 How to Buy the Film Design: Rafael Jiménez Eyeball

Copy Editor: Natalie Danford

Thanks to those who reviewed this guide:

Michael Collins and Marty Syjuco Filmmakers, Give Up Tomorrow

DISCUSSION GUIDE Give Up Tomorrow |4 INTRODUCTION

This could be a fictional thriller—a who- done-it with an intriguing cast of characters. But it is very real. In 1997, as a tropical storm 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 and murder, despite overwhelming evidence of his innocence.

Give Up Tomorrow documents Larrañaga’s controversial trial—one 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.

Paco Larrañaga Photo courtesy of Thoughtful Robot

DISCUSSION GUIDE Give Up Tomorrow |5 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 |6 BACKGROUND INFORMATION

Paco Larrañaga (right) behind bars, being interviewed by a Paco Larrañaga Case Summary news reporter, shortly after he was arrested for the kidnap, rape and murder of two sisters in the Philippines. July 16, 1997 was a typical day for Give Up Tomorrow ’s Photo courtesy of Arni Aclao subject, Paco Larrañaga. He attended culinary classes and then enjoyed the nightlife in Manila with his classmates. The next morning he was back at school for a day of exams. rape and murder of both Chiong sisters. Six other boys in Three hundred miles away on the island of Cebu, parents Cebu were also arrested. Although some of the boys’ Dionisio and Thelma Chiong were filing missing-persons names were on a list of juvenile delinquents because of a reports. Their daughters, Marijoy, 21, and Jacqueline, 23, had previous altercation, there was no evidence linking them to disappeared while waiting for their father to give them a the crime. ride home from work. The sisters would never be seen alive The Chiong family is Chinese-Filipino. Paco is part of a again. A battered, blindfolded and handcuffed body was prominent mestizo political clan that includes a former soon discovered and identified as Marijoy. Jacqueline was president. Beefy and tough, with a past of petty offenses, never found. he neatly fits the role of privileged thug—and that is how he Two months later, Paco’s sister, Mimi, received a call was cast by the frenzied media that swarmed his arrest and from her frightened brother saying that men in trial and cheered his eventual sentence to death by lethal civilian clothes were arresting him for the kidnap, injection.

DISCUSSION GUIDE Give Up Tomorrow |7 BACKGROUND INFORMATION

Paco's mother, Margot, being interviewed by press . Initially, Paco’s family, devout Catholics like many Filipinos, Photo courtesy of Alex Badayos discussed his leaving the country. But they decided he would stay and clear his name. “We didn’t think it would go congressional hearing, but then he abruptly changed his beyond preliminary investigation because we had . . . more mind. Could the murders have been ordered to ensure than 35 witnesses . . . that said this boy was nowhere near Dionisio’s silence? It was later discovered that the Cebu on July 16,” said Mimi. plainclothes police who arrested Paco were the alleged drug kingpin’s bodyguards and that the police superin - As the media began painting sensational portraits of the tendent was a close friend. accused boys as drug addicts, Thelma Chiong, distraught mother of the victims, became a sensation herself. She The story became stranger still. While Paco and the six co- claimed Paco had been dating and menacing Marijoy, an defendants languished in prison, Thelma Chiong was allegation he and his sister, Mimi, strenuously denied. Mimi appointed vice president of the Crusade Against Violence. began to suspect that the Chiongs were hiding something. Her sister was the personal secretary to the newly elected She was right. president, Joseph Estrada, who assigned four different agencies to tackle the investigation. It turned out that Dionisio Chiong had worked at a trucking company owned by an alleged drug lord. At the time of Police searched the Larrañagas’ property for a link to the his daughters’ disappearance, Dionisio had been crime. No such link was found, but eight months later scheduled to testify against the drug lord at a prosecutors announced they had a star witness. A young

DISCUSSION GUIDE Give Up Tomorrow |8 BACKGROUND INFORMATION

Thelma Chiong and her sisters dismayed reaction prisoner named Davidson Rusia confessed that he was to the judge's verdict of life imprisonment rather than among the gang sought for kidnapping, raping and the death penalty. murdering the Chiong sisters. When the trial got underway, Photo courtesy of Alex Badayos the prosecution questioned Rusia for days, while Paco’s counsel was given 30 minutes for cross-examination. Thelma Chiong called Rusia “a gift from God” and even brought the alleged double murderer birthday gifts in months to write his decision. The verdict, reached two prison. Rusia’s cellmates would later claim he had been years after the crime, was devastating: Paco and his co- repeatedly tortured by police before confessing. defendants were found guilty and received two consecutive life sentences. Under Philippine law, a guilty The Philippines has no jury system, so Paco’s fate rested in verdict required the death penalty, so why did the judge the hands of the judge in the case, Martin Ocampo, who rule otherwise? He admitted there was insufficient proof made the defense team’s work difficult, even jailing them that the corpse was Marijoy Chiong’s. “You don’t know the for protesting his decision to throw out expert testimony pressure I’m under,” he told reporters who asked if he questioning the identification of Marijoy Chiong’s body. feared for his life. Five months later, he committed suicide. When Paco’s fellow students and instructors took the stand The Chiong family was outraged that the young men had to verify his alibi, the judge cut short their testimony, not received the death penalty, and their ally President declaring that there were “too many” witnesses. Paco was Estrada asked the Department of Justice to change the never allowed to take the stand. sentence. The Larrañaga family appealed to the Supreme Judge Martin Ocampo, who was even seen sleeping Court to protest the many violations of Paco’s constitu - through parts of the proceedings, took three tional rights.

DISCUSSION GUIDE Give Up Tomorrow |9 BACKGROUND INFORMATION

The co-accused at the trial. Lawyers assured the family that Paco’s case was strong. On Photo courtesy of Alex Badayos February 3, 2004, Paco’s mother, like millions of others, would hear the news of the appeal on television. Her son was not only found guilty, but now was sentenced to death President Estrada following his removal on corruption by lethal injection. charges, to grant Paco clemency. She vowed that Paco’s But in another twist, the court’s new verdict awakened life would be saved and, astonishingly, abolished the widespread support for the accused young men. Student nation’s death penalty in June 2006. The two countries witnesses joined Catholic priest Father Reyes in organizing agreed that Paco would be transferred to Spain to serve a run to raise awareness around the case, and Paco's family the remainder of his life sentence. Thelma Chiong tried—but sought new avenues for justice. Because his father was failed—to prevent the transfer. Spanish, Paco was also a Spanish citizen. The family Paco and his family hoped that his transfer to Spain would appealed to Spain for help and Amnesty International led a set him off on a path to freedom, but the Spanish prison nationwide campaign that generated huge momentum. In review board would only recommend Paco for parole if he November 2004, activists delivered a petition with nearly would admit his guilt. More than two years after his transfer 300,000 signatures to the embassy of the Philippines in to Spain and 15 years after his arrest, Paco remains in prison Madrid. but now benefits from an additional privilege of the Spanish The country’s Supreme Court, led by a chief justice related penal system: Due to time already served, he is granted to Thelma Chiong, refused to budge. In a final effort, Paco’s occasional therapeutic leaves (a few days every month) at lawyers submitted his case to the United Nations the prison board’s discretion, which means he receives Commission on Human Rights, which called for his permission to leave during daytime hours to study and release. The Spanish government asked Philippine work. The Republic of the Philippines retains jurisdiction President Gloria Arroyo, who had replaced over the case.

DISCUSSION GUIDE Give Up Tomorrow |10 BACKGROUND INFORMATION

The crowd outside the Palace of Justice. Philippines Country Profile Photo courtesy of Alex Badayos

Population:

Location: The Philippines has a population of 98 million (2012 The Republic of the Philippines is a chain of 7,107 islands in estimate). More than 150 native languages and dialects are the western part of the Pacific Ocean, covering an area of spoken in the Philippines, and there are four principal 115,830 square miles in Southeast Asia. The country is languages: Cebuano, spoken in Visayas; Tagalog, spoken divided into three areas: Luzon to the north, Visayas in the around Manila; Ilocano, spoken in northern Luzon; and center and Mindanao to the south. Manila, the capital city Maranao, spoken in Mindanao. To establish national unity, where Paco attended culinary school, is located in Luzon. the government promotes the use of Filipino, based on Cebu, the home of the Larrañaga and Chiong families, is Tagalog, as the national language, and it is taught all over located in central Visayas. The archipelago was formed by the country. English is also an official language of the volcanic activity, and is mostly mountainous with areas of country, and many speak it as a second language. The coastal lowlands. With 20 active volcanoes, the Philippines Philippines has one of the highest literacy rates of is part of the Pacific Ring of Fire and is thus prone to developing countries, with over 93 percent of the seismic activity. The country’s tropical climate also population over 10 years of age able to read. The gender makes it susceptible to typhoons. gap is significantly close with regard to health and education.

DISCUSSION GUIDE Give Up Tomorrow |11 BACKGROUND INFORMATION

Due to over 400 years of Spanish and American rule, more Justice: than 90 percent of the population is Christian. A small The Supreme Court of the Philippines is composed of 15 Muslim population also exists, around 4.6 percent, concen - justices, appointed by the president with recommendations trated in central and western Mindanao. Some smaller from the judicial and bar council. The justices serve on the forest tribes still live in the more remote areas of Mindanao. court until they reach the age of 70. Other courts include With a gross domestic product per capita of $2,370 in 2011, the Court of Appeals, and the Sandiganbayan (“People’s economic growth in the Philippines has averaged 5 percent Advocate”), a special court for cases involving corruption over the past year, with a 7.6 percent growth rate in 2010, of government officials. While the Philippines has adopted the highest in 20 years. Since the global financial crisis and a legal framework similar to that of the United States, it has recession, efforts have been made to develop programs not implemented a jury system. A judge hears the case and that boost infrastructure, and as a result the economy has issues a ruling. In Paco Larrañaga’s case, it was Judge been relatively stable and resilient. Martin Ocampo who heard the evidence and adjourned the court for three months to write his decision. Government: As a result of massive case backlogs and low salaries, the The Philippines is a representative democracy modeled legal system is fraught with inefficiencies and corruption. after the U.S. system of government. Under the 1987 consti - Only one percent of the national budget is allocated to the tution, ratified under the Corazon Aquino administration, a judiciary, so very often judges and lawyers become government was established with three branches—the dependent on local politicians for resources, which allows executive, with a president limited to one six-year term; a political influence to trickle in. This culture of impunity has bicameral legislature; and an independent judiciary. The made the Philippines one of the most dangerous places for senate consists of 24 members who serve six-year terms; employees in the court system. Since 1999, at least 12 half of them are elected every three years. The House of judges have been killed, and the perpetrators remain Representatives is made up of 285 members, 229 of whom unpunished. represent single-member districts. Party-list represen - tatives, or party representatives elected at large, occupy the remaining 56 seats. Representatives serve three-year terms and a maximum of three consecutive terms. Under Sources: the constitution, the number of members of the House of Election Guide. “Philippines.” Representatives is limited to 250. However, a 2010 Supreme http://electionguide.org/country.php?ID=171

Court ruling allows additional party members to sit in, if Freedom House. “Philippines.” they attained the required number of votes. http://www.freedomhouse.org/report/freedom-world/2012/philippines

Some of the major issues affecting the political climate of Reuters. “Philippines’ Aquino Sets Up ‘Truth Commission.’” June 29, the country are corruption, cronyism and nepotism. There 2010. are several families at the forefront of society, and they http://in.reuters.com/article/2010/06/29/idINIndia-49743820100629 hold a large share of both political power and economic U.S. Department of State. “Background Note: Philippines.” wealth. The incumbent president, Benigno Aquino III, ran on http://www.state.gov/r/pa/ei/bgn/2794.htm an anti-corruption platform. He took office in June 2010. The World Bank. “GDP Per Capita.” Under his administration, a Truth Commission was http://data.worldbank.org/indicator/NY.GDP.PCAP.CD established. This body, led by former Supreme Court chief The World Bank. “Philippines Overview.” justice Hilario Davide, Jr., was formed to investigate http://www.worldbank.org/en/country/philippines/overview charges of corruption, election rigging and human rights abuses during the previous administration under Gloria Arroyo. As of the end of 2011, Arroyo had been placed on house arrest pending trial, and the chief justice she had appointed to the Supreme Court had been impeached and found guilty of corruption. The next presidential election is slated for May 2016.

DISCUSSION GUIDE Give Up Tomorrow |12 BACKGROUND INFORMATION

Judge Martin Ocampo Cases of Wrongful Conviction Photo courtesy of Alex Badayos Though Give Up Tomorrow highlights only one case within the Philippine judicial system, it illuminates a larger concern over wrongful conviction, both in the Philippines and need of prior court order, although it also requires that a worldwide. relevant biological sample exist and that testing be likely to The Supreme Court of the Philippines released information result in the reversal or modification of the conviction. in 2004 that cited a 71.77 percent judicial error rate in Wrongful convictions are not unique to the Philippines. capital cases in the period from 1993 to 2004, when capital According to a report released by Columbia University punishment was still legal, a percentage determined by the researchers in May 2012, there have been a total of 2,061 total number of death convictions that had been either inmate and ex-convicts exonerated of serious crimes in the reversed or pardoned. During this time, 651 of 907 United States since 1989. Worldwide, DNA evidence has convicted persons were saved from lethal injection due to assisted in clearing the names of hundreds of wrongfully- wrongful conviction. In recognition of this high error rate, convicted prisoners, many of whom were on death row or the Supreme Court issued a ruling on DNA evidence facing other serious sentences. Use of DNA technology to that allows post-conviction DNA testing without revisit past convictions has led to 297 exonerations in the

DISCUSSION GUIDE Give Up Tomorrow |13 BACKGROUND INFORMATION

United States alone. Organizations like the Innocence Project view this as an indicator of systemic faults in the justice system of the United States and note that there may be thousands in the system who were wrongfully convicted, at least some of them impossible to exonerate because there is no DNA evidence for their cases.

Lengthy police station stays and interro - gations are just one of many reasons for wrongful convictions, which vary based on the particular case and country. According to the Death Penalty Information Center, wrongful conviction in death penalty cases was due in 45 percent of cases to eyewitness misidentification, in 17 percent to government misconduct, in 10 percent to “snitches,” in 9 percent to mishandled evidence or unqualified experts, in 8 percent to false confession and in 29 percent to other causes, including hearsay and questionable circumstantial evidence. (The totals add up to more than 100 percent because in many cases there is a combination of causes at work.)

In the United States, eyewitness misidentifi - cation was a factor in 72 percent of post-conviction DNA exoneration cases. It has been reported by many organizations studying this phenomenon that race may play a role, as 40 percent of identifications are cross-racial and some studies have shown that it may be more difficult for people to identify someone of a race that is not their own.

Sources: Margot Larrañaga and Thelma Chiong, the two mothers Asia Times Online. “Wrongful Conviction Puts fighting for polarized versions of justice. Spotlight on Japanese Justice.” Photo courtesy of Arni Aclao http://www.atimes.com/atimes/Japan/NF30Dh01.html

Innocence Project. “The Causes of Wrongful Conviction.” Innocence Project. “Facts on Post-conviction DNA Exonerations.” http://www.innocenceproject.org/understand http://www.innocenceproject.org/Content/Facts_on_PostConviction_ Innocence Project. “Eyewitness Identification Reform.” DNA_Exonerations.php http://www.innocenceproject.org/Content/Eyewitness_ The Week. “25 Years of Wrongful Convictions: By the Numbers.” Identification_Reform.php http://theweek.com/article/index/228292/25-years-of-wrongful- convictions-by-the-numbers

DISCUSSION GUIDE Give Up Tomorrow |14 BACKGROUND INFORMATION

Co-defendant Josman Aznar being escorted out Prisoner Transfer Treaties after the verdict. Photo courtesy of Alex Badayos As a dual citizen of the Philippines and Spain, Paco Larrañaga was moved to a Spanish prison under what is known as the RP-Spain Transfer of Sentenced Persons over whether or not the convicted person will be granted Agreement (TSPA). Signed on May 18, 2007 and approved amnesty or pardon, but the treaty is dependent on the by the senates of both countries, this treaty allows foreign cooperation of partner nations and encourages cordial prisoners to be sent to their countries of nationality to serve international relations. In this case, Spain has the option to out the rest of their sentences. ask the Philippines for clemency for Paco.

As of 2011, the Philippine government had established The RP-Spain TSPA permits transfers to be carried out only prisoner transfer agreements with five different nations— if certain criteria are met. The sentenced person must be a China, Canada, Cuba, Thailand and Spain. Though Paco’s national of the state to which he or she is being transferred; case is an exception, the origin of prisoner transfer treaties the committed offense must be criminally punishable both is largely humanitarian—they are typically issued to protect in the country of offense and the country of nationality; the nationals who are incarcerated abroad under abusive and sentence must be final and without other legal recourse; inhumane conditions. The sentencing country (in and the sentenced person must have consented to the Paco’s case the Philippines) retains sole power transfer, satisfied any payment of fines and have at least

DISCUSSION GUIDE Give Up Tomorrow |15 BACKGROUND INFORMATION

A scene from Give Up Tomorrow. one year left to serve. In Paco Larrañaga’s case, the Chiong Photo courtesy of Alex Badayos family reportedly received 750,000 Philippine pesos in civil damages from the Larrañaga family (an amount equivalent the United States) reveal that 595 foreign nationals were to approximately $18,000 in 2012). Once a sentenced sent back to their home countries from United States person or either partner nation confirms that all of these prisons between 2008 and 2010 and 163 Americans criteria apply, a transfer request may be submitted to the returned from prisons abroad in that same time period. central authority of the state holding the individual.

Prisoner transfer agreements also exist in Australia, Japan, Sources: the Americas and several European countries. This type of abs-cbnNEWS.com. “Larrañaga Turned Over to Spain.” agreement made national headlines in the United States http://www.abs-cbnnews.com/nation/10/06/09/larra%C3%B1aga- when three British businessmen (the so-called “NatWest turned-over-spain Three”) pled guilty to fraud during the 2007 Enron case and Council of Europe. “Convention on the Transfer of Sentenced Persons.” were transferred to the United Kingdom prison system after http://conventions.coe.int/Treaty/en/Treaties/Html/112.htm serving only six months of a 37-month sentence. Lee-Brago, Pia. “DFA Chief Defends RP-Spain Prison Transfer Treaty.” Records kept by the U.S. International Prison Transfer The Philippine Star, September 12, 2009. Unit (the branch of the U.S. Department of Justice that http://www.philstar.com/Article.aspx?articleId=504546&publicationSu presides over prison transfer agreements involving bCategoryId=63

DISCUSSION GUIDE Give Up Tomorrow |16 BACKGROUND INFORMATION

The accused being interviewed by journalists. Media Responsibility in the Philippines Photo courtesy of Alex Badayos The media’s involvement in the Chiong case seemed unjust and biased to many observers. From the recorded re- enactment that demonized the seven young men on trial to Manila Times and the tabloids Bulgar, Tempo and Abante . news broadcasts that referred to Paco Larrañaga by various derogatory names, media responsibility became a In a July 2012 opinion piece on the GMA News website, point of contention for Larrañaga’s domestic and interna - blogger and essayist Katrina Stuart Santiago revisited the tional supporters. media’s involvement in the Chiong case. She writes that “the media saw the bad boy stereotype and sold it to us as In 2011, the Philippine Center for Investigative Journalism the truth behind, if not the premise of, this story of crime. issued a proposal for a publication that would illustrate the Certainly this was the state of media in 1997, in a grand Philippine media’s sensational reporting on rape and would display of gross sensationalism and absolutely biased recommend ethical guidelines for journalists. The proposed reportage that I’m sure any media personality would want publication would focus on the Chiong rape case, specif - to deny.” ically, and would cite articles published in the media outlets that covered the case, including the Philippine To date, much of the attention paid to media responsibility Daily Inquirer, Philippine Star, Manila Bulletin, in the Philippines has focused on journalists charged with

DISCUSSION GUIDE Give Up Tomorrow |17 BACKGROUND INFORMATION

libel against politicians. For example, in 2005, five journalists in Cebu were charged for publishing stories about a mayor’s alleged involvement in a bank robbery of nearly 100 million pesos. In 2012, a forum was organized by the Cebu Citizens-Press Council in recognition of World Press Freedom Day. Gabriel T. Ingles, associate justice at the Philippine Court of Appeals, supported Justice Vicente Mendoza’s idea of distin - guishing between political and private libel.

In June 2011, the Committee to Protect Journalists ranked the Philippines third in its impunity index, which calculates unsolved media killings as a percentage of each country's population. In a 2005 report on a study of freedom of expression and the media in the Philippines and six other Asian countries, Article 19, an interna - tional human rights organization that defends and promotes freedom of expression and freedom of information Paco's mother, Margot, reading the latest headlines on his case. worldwide, pointed to “the failure of the Philippine mass Photo courtesy of Alex Badayos media to provide citizens with balanced and objective information they need on matters such as their own rights.”

Sources: Philippine Center for Investigative Journalism. “Reporting on Rape.” Article 19. “Freedom of Expression and the Media in the Philippines.” http://www.scribd.com/doc/50091078/Reporting-on-Rape-Media- http://www.article19.org/data/files/pdfs/publications/philippines- Coverage-Content-Analysis baseline-study.pdf Solidarity Philippines Australia Network. “Statement on Press Freedom Center for Media Freedom & Responsibility. “Cebu Journalists Face in the Philippines.” Libel Suit.” http://cpcabrisbane.org/Kasama/1999/V13n3/Press.htm http://www.cmfr-phil.org/2005/10/06/cebu-journalists-face-libel-suit/ SunStar Cebu. “Forum Discusses Libel in Media.” GMA News. “The Refusal to Give Up Today.” http://www.sunstar.com.ph/cebu/local-news/2012/05/05/forum- http://www.gmanetwork.com/news/story/267007/opinion/the- discusses-libel-media-219824 refusal-to-give-up-today

DISCUSSION GUIDE Give Up Tomorrow |18 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 |19 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 |20 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 |21 GENERAL DISCUSSION QUESTIONS

Immediately after the film, you may want to give people a few quiet moments to reflect on what they have seen. If the mood seems tense, you can pose a general question and give people some time to themselves to jot down or think about their answers before opening the discussion:

• If you could ask anyone in the film a single question, who would it be and what would you ask him or her? • What did you learn from this film? What insights did it provide? • If a friend asked you what this film was about, what would you say? • Describe a moment or scene in the film that you found particularly disturbing or moving. What was it about that scene that was especially compelling for you?

Dionoso and Thelma Chiong light candles for their daughters. Photo courtesy of Alex Badayos

DISCUSSION GUIDE Give Up Tomorrow |22 DISCUSSION PROMPTS

Judge Martin Ocampo The Justice System Photo courtesy of Alex Badayos What is the role of an unbiased court and the rule of law in a civil society? What happens when people stop trusting the justice system? Beyond this case, can you think of instances in which a sizable number of citizens stopped justice system fared in the end? trusting their country’s legal system? What happened as a Prosecution witnesses received reward money. Should result? witnesses ever receive payment for their testimony? If not, Based on what you see in the film, how do laws and policies why not? If so, under what circumstances? prevent or facilitate corruption? Consider things like hiring How does being in prison change Paco? What does this processes, how one earns a license to practice law, suggest about the practice of imprisoning people while requirements for arrest and detention and who has a say in they await trial? whether or not a prosecution moves forward. José Bono, Spain’s minister of defense at the time, asks the Following the trial, those involved in the prosecution and president of the Philippines to commute Paco’s death conviction received promotions. What was your reaction to sentence. In your view, is Spain overstepping its bounds this news? When are promotions a natural and appropriate and interfering with the justice system of a sovereign reward for success and when are they evidence of nation? Do you think Spain should play a role in this corruption? situation?

Paco Larrañaga’s attorney Sandy Coronel says in the film, Fair Trials International, Amnesty International and the “To lose hope in this case would be to concede the entire United Nations Commission on Human Rights all get justice system. Because I see this case as a test of how involved in Paco’s case. Given what you see in the film, is it effective and how real our justice system works.” advisable to involve independent human rights groups in What was your reaction to that statement? If this these matters? What are those groups able to do that was a test case, how do you think the Filipino others are not?

DISCUSSION GUIDE Give Up Tomorrow |23 DISCUSSION PROMPTS

Paco and Josman Aznar standby during the trial. The Arrest Photo courtesy of Alex Badayos Journalists indicate that police were under a great deal of pressure to solve this crime. What factors create pressure on the police? Under what circumstances do acceptable Evidence factors (e.g., eliminating possible danger to the public) give way to undue influence that leads to mistakes or If you were telling the story from Chiongs’ side, how would corruption? you explain each piece of evidence, each trial decision and each “coincidence”? What if you were telling the story from Inspector Pablo Labra zeroed in on Paco because Paco’s the Larrañaga family’s point of view? name appeared in police records (the result of a “minor scuffle” in 1995). In your experience, what does a criminal Thirty-five witnesses signed affidavits stating that they record do to a person’s reputation? How many people in were with Paco in Manila while the alleged crime was your community, family or circle of friends have criminal happening in Cebu. What made this alibi evidence records? How do you think this influences people’s believable or not believable? Which of the witnesses do you perceptions of them? find believable and why do you find those people convincing? Thelma and Dionisio Chiong say that Paco pursued Marijoy Chiong and she rejected him, implying that he was a Paco’s sister Mimi says, “You know, at first, Mrs. Chiong had spurned suitor. What is the impact of this statement on my sympathies. I’m a mom, too. I have a daughter, too. And the general public? What does it suggest about the I felt her pain.” Did you share her sympathy? What makes culture’s beliefs about men and masculinity? Mimi change her mind?

DISCUSSION GUIDE Give Up Tomorrow |24 DISCUSSION PROMPTS

Thelma Chiong on the witness stand. The filmmakers present several “coincidences.” What Photo courtesy of Alex Badayos conclusions do you draw from these events?:

• Paco was arrested by plainclothes police officers who did not have a warrant or proper I.D. The arresting officers also worked as bodyguards for the alleged drug lord • After the trial, Judge Martin Ocampo was found dead in a hotel room with a suicide note. • Shortly before the murders, Dionisio Chiong’s trucking business was under investigation for drug trafficking. He • While Paco’s case was on appeal, President Joseph was scheduled to testify against his boss, in front of a Estrada was convicted of corruption and removed from congressional committee on drugs, but before the office. scheduled date his daughters disappeared and he decided • The chief justice of the Supreme Court of the not to testify. Philippines, which rejected international pleas to suspend • Cheryl Jimenea, Thelma Chiong’s sister, supervised imposition of the death penalty, is related to Thelma a raid of the Larrañaga family farm based on Chiong. reports of screams coming from the property.

DISCUSSION GUIDE Give Up Tomorrow |25 DISCUSSION PROMPTS

A prosecution witness points to the accused during the trial. Trial Procedure Photo courtesy of Alex Badayos What was the role of the victims’ family in the prosecution of this crime? In your view, what is the proper role for victim families? • The judge refused to hear testimony from many of Paco’s alibi witnesses. Davidson Rusia is arrested and confesses, then implicates Paco and the others, in exchange for his freedom. Do you • Cross-examination of key prosecution witness find his story to be credible? Why or why not? Davidson Rusia was limited.

Prosecuting attorney Teresita Galanida points out that the • The judge excluded forensic evidence that challenged Philippine legal system does not use juries. Only a judge the identification of the body. actually hears evidence. What are the strengths and • When defense lawyers challenged that ruling, the weakness of that system? judge jailed the lawyers and continued the trial with lawyers The defense seeks a change of venue from Cebu to Manila. that he appointed. If it were up to you, what criteria would you use to decide • Paco was not allowed to testify in his own defense. whether or not to move a trial out of the community where In explaining his sentence of life imprisonment, Judge the crime was committed? Ocampo says, “You have to follow what the law says.” What is your explanation for these trial rulings? How Given this statement, how do you think Paco ended up do you think Ocampo would have explained them?: being sentenced to death?

DISCUSSION GUIDE Give Up Tomorrow |26 DISCUSSION PROMPTS

A court clerk reads the final verdict. The Impact and Response Photo courtesy of Alex Badayos What is the significance of the film’s title?

Paco Larrañaga’s father, Manuel, says, “As parents we feel incredibly helpless... if we fall, our son falls.” What is the role sorry for this injustice. I’m sorry that it happened to you’?” of family support in Paco’s survival? What would you tell Paco?

As is the case with most convictions, the consequences The death sentence shakes Mimi’s faith in God. How does extend beyond the sentences served by the defendants. Father Reyes’ response to the injustice help restore that How do Paco’s trial and conviction affect the members of faith? What are the other “ripple effects” of the choice his family? How about his classmates or the community in made by Father Reyes, and the other runners, to take a which he lived? public stand in support of Paco? Compare those “ripple Mimi says that after the death sentence was imposed “we effects” to the effects of the verdict itself and the didn’t know how to comfort him. How do you tell him, ‘I’m corruption that was behind it.

DISCUSSION GUIDE Give Up Tomorrow |27 DISCUSSION PROMPTS

Thelma Chiong and the Crusade Against Violence. Justice Photo courtesy of Alex Badayos The Arroyo administration ultimately abolishes the death penalty. What does Paco’s case offer that could or should inform current debates over the death penalty? The Role of Media Despite Thelma Chiong’s attempts to obstruct the transfer, How would you describe the role that journalists played in Paco is ultimately sent to Spain. Why doesn’t the transfer convicting Paco and in freeing him? end this case for the Philippines? What else would need to How did media outlets benefit from reporting on, and happen for the matter to be fully resolved? What would it sensationalizing, the murders and the trial? take to restore justice in the Philippines? Paco’s mother says, “My mother comes from a political In Spain, the prison review board says that it will grant family. Her family name is Osmeña. So the media always parole to Paco if he admits his guilt. Paco responds, “How would put ‘Paco, the scion of a political and wealthy family.’ can I assume something I didn’t do? I can never admit guilt We are not wealthy. My husband works so hard. We have a because I am not guilty. I’d rather… have the death penalty farm and he works so hard so that we can have our daily again than admit a crime that I didn’t do.” If you were Paco, living.” What role do you think class and ethnicity played in how do you think you would respond to this “Catch-22”? Paco’s arrest and prosecution and the publicity surrounding At this point, what would justice look like for Paco? the case? Why would the media cast Paco as the “scion of

DISCUSSION GUIDE Give Up Tomorrow |28 DISCUSSION PROMPTS

Paco's parents, Manuel and Margot, a political and wealthy family”? What is the appeal of a being interviewed by reporters in Spain. presumably rich young man going to jail? Photo courtesy of Alex Badayos

At the beginning of the film, reporters and investigators ask Paco questions such as, “Who do you think framed you?” If you had been interviewing him, would these have been your Journalist Leo Lastimosa says, “It’s so easy to manipulate questions? What questions would you have asked? people. It’s so easy to exploit drama and tragedies and calamities to favor selfish interests.” In this case, who did Television personality Teddy Locsin, Jr. calls the boys the manipulating and exploiting? How did they manage it in “animals” and “drug addicts,” and he derogatorily describes the face of such overwhelming evidence of Paco’s Paco as “a Spanish-blooded mestizo.” What role do word innocence? choices, labels and prejudice play in shaping people’s perceptions of the defendants and their case?

A re-enactment of the crime based on Rusia’s testimony is broadcast nationally while the trial is occurring. Should media outlets be prevented from airing such broadcasts, or Additional media literacy questions are available at: do they have the right to do so as part of free speech or their duty to keep the public informed? If you www.pbs.org/pov/educators/media-literacy.php were a regulator, what guidelines would you offer to govern such re-enactments?

DISCUSSION GUIDE Give Up Tomorrow |29 Father Reyes and fellow supporters at a run to raise awareness around Paco's case. Photo courtesy of Alex Badayos 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.

DISCUSSION GUIDE Give Up Tomorrow |30 RESOURCES

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 Human Rights and the Death Penalty http://freepaconow.com/case-documents AMNESTY INTERNATIONAL Advocates for Paco’s release have gathered documents www.amnesty.org/en/region/philippines/report-2012 related to the case. Available in English and Spanish. For the current status of human rights in the Philippines, FAIR TRIALS INTERNATIONAL access this report from Amnesty International. Also of www.fairtrials.net/cases/article/francisco_juan_ interest is the group’s information on abolishing the death larranaga_paco penalty (www.amnesty.org/en/death-penalty) and its This organization assists individuals accused of crimes who petition in support of Paco (www.es.amnesty.org/ are being held in foreign prisons and it helped to bring actua/acciones/filipinas-espanol-condenado-a-muerte/). Paco’s case before the United Nations Commission on Human Rights. CHANGE.ORG http://criminaljustice.change.org REPRIEVE Change.org is an online hub for social change that hosts http://www.reprieve.org.uk/cases/pacolarranaga online communities for 20 major causes, including prison Reprieve uses the law to enforce the human rights of reform. With a team of hundreds of writers and nonprofit prisoners, from death row to Guantánamo Bay. The group partners, it serves as a central platform for promoting investigates, litigates and educates, providing legal support movements for social change on the Web. The section on to prisoners unable to pay for it themselves. This page criminal justice provides information about broken prison provides information regarding the Larrañaga case. 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.

DISCUSSION GUIDE Give Up Tomorrow |31 RESOURCES

Thelma Chiong at a vigil with the Crusade Against Violence. INNOCENCE PROJECT Photo courtesy of Alex Badayos www.innocenceproject.org The Innocence Project is a national litigation and public penalty and its implementation. There are also links to policy organization dedicated to exonerating wrongfully Amnesty International’s global reports on which nations still convicted people through DNA testing and to reforming carry out death sentences. the criminal justice system to prevent future injustice. Law UNITED NATIONS OFFICE OF THE HIGH students handle case work while supervised by a team of COMMISSIONER FOR HUMAN RIGHTS attorneys and staff. www.ohchr.org PROCON.ORG On Larrañaga’s behalf, this office pressured the Philippine http://deathpenalty.procon.org government. The office’s website provides country-by- This site, which focuses on the United States, provides an country reports, as well as general information on human overview of the policy debate regarding the death penalty, rights. as well as information about the history of the death

DISCUSSION GUIDE Give Up Tomorrow |32 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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