Analysis on Discrepancies in the Chiong Murder Case

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Discrepancies in the chiong murder case

1.) was there really a kidnapping, rape and murder incident? The chiong sister

merely disappeared in the mall. No confirmation or eyewitness that they are

kidnapped.

2.) The film presented us strong arguments and well researched facts about the

case, one of them is that the Policeman has no strong basis or witness before

they arrested Paco and his six other friends as prime suspects of the crime, what

was their basis then? Is it randomly picking a guy from Cebu that can possibly

done it? It’s vague from the start. Another thing why does the judge doesn’t value

and accept the statement of the 42 witness that can possibly prove that Paco is

in Manila the time the crime happened, then later on accept a drug addict and a

man with criminal record as a star witness? the decisions of the judge is

suspicious from the start. He even put all the defense lawyers of Paco in the jail

just for requesting the DNA testing of the body that allegedly is Mary Joy. When

in fact this is necessary for the development of the case, as the mother of the

victim can’t even tell that she is 100 percent sure that the remains is her

daughter.

3.) Furthermore, the way Mrs. Chiong deals with Rusia, star witness and self-

confess suspect in the crime was really questionable as a mother of the victims.

When the death of their daughters involve it’s really hard for a mother to give her

forgiveness, but then the actions of Mrs. Chiong shows the opposite. She even

visited Rusia in the jail, give him cake, clothes and money, can a mourning

mother will have the guts to done this with one of the man who raped and killed

her daughters? It’s obviously not no matter what the circumstances. Another

point that questions the trial that takes place in the Chiong Sister case is that the

judge took his own life after he handle this case, many speculates that this is

because of his conscience on putting innocence people behind bars. In addition,

all the officers and authorities that handled the case have been suspiciously

promoted after the trials.

Appellants’ assignments of error converge on four points, thus: (1) violation of

their right to due process; (2) the improper discharge of Rusia as an accused to

be a state witness; (3) the insufficiency of the evidence of the prosecution; and

(4) the trial court’s disregard and rejection of the evidence for the defense

I. Violation of Appellants’ Right to Due Process

Due process of law is the primary and indispensable foundation of individual freedoms; it is the basic and essential

term in the social compact which defines the rights of the individual and delimits the powers which the State may

exercise.[71] In evaluating a due process claim, the court must determine whether life, liberty or property interest

exists, and if so, what procedures are constitutionally required to protect that right.[72] Otherwise stated, the due

process clause calls for two separate inquiries in evaluating an alleged violation: did the plaintiff lose something that

fits into one of the three protected categories of life, liberty, or property?; and, if so, did the plaintiff receive the

minimum measure of procedural protection warranted under the circumstances?[73]

For our determination, therefore, is whether the minimum requirements of due process were accorded to appellants

during the trial of these cases.

It is not error to refuse evidence which although admissible for certain purposes, is not admissible for the purpose

which counsel states as the ground for offering it.

The fact that Rusia was convicted of third degree burglary in Minessotta does not render his testimony inadmissible.

[108] In People vs. De Guzman[109] we held that although the trial court may have erred in discharging the accused,

such error would not affect the competency and the quality of the testimony of the defendant. In Mangubat vs.

Sandiganbayan,[110] we ruled:

“Anent the contention that Delia Preagido should not have been discharged as a state witness because of a

‘previous final conviction’ of crimes involving moral turpitude, suffice it to say that ‘this Court has time and

again declared that even if the discharged state witness should lack some of the qualifications enumerated

by Section 9, Rule 119 of the Rules of Court, his testimony will not, for that reason alone, be discarded or

disregarded. In the discharge of a co-defendant, the court may reasonably be expected to err; but such error in

discharging an accused has been held not to be a reversible one. This is upon the principle that such error of the

court does not affect the competency and the quality of the testimony of the discharged defendant.”

In People vs. Ching,[123] we ruled that it is but natural, although morally unfair, for a close relative to give weight to

blood ties and close relationship in times of dire needs especially when a criminal case is involved.

Rusia positively identified the appellants. The settled rule is that positive identification of an accused by credible

witnesses as the perpetrator of the crime demolishes alibi, the much abused sanctuary of felons.[124] Rusia’s

testimony was corroborated by several disinterested witnesses who also identified the appellants. Most of them are

neither friends, relatives nor acquaintances of the victims’ family. As we reviewed closely the transcript of

stenographic notes, we could not discern any motive on their part why they should testify falsely against the

appellants. In the same vein, it is improbable that the prosecution would tirelessly go through the rigors of litigation

just to destroy innocent lives.

Thus, we hold that all the appellants are guilty beyond reasonable doubt of the special complex crime of kidnapping

and serious illegal detention with homicide and rape in Criminal Case No. CBU-45303 wherein Marijoy is the victim;

and simple kidnapping and serious illegal detention in Criminal Case No. CBU-45304 wherein Jacqueline is the

victim.

From the evidence of the prosecution, there is no doubt that all the appellants conspired in the commission of the

crimes charged. Their concerted actions point to their joint purpose and community of intent. Well settled is the rule

that in conspiracy, direct proof of a previous agreement to commit a crime is not necessary. It may be deduced from

the mode and manner by which the offense was perpetrated, or inferred from the acts of the accused themselves

when such point to a joint design and community of interest.

Clearly, the argument of Rowen, Ariel and Alberto that they were not part of the “conspiracy” as they were merely

present during the perpetration of the crimes charged but not participants therein, is bereft of merit. To hold an

accused guilty as co-principal by reason of conspiracy, he must be shown to have performed an overt act in#

pursuance or furtherance of the complicity.[146] There must be intentional participation in the transaction with a view to

the furtherance of the common design and purpose.[147] Responsibility of a conspirator is not confined to the

accomplishment of a particular purpose of conspiracy but extends to collateral acts and offenses incident to and

growing out of the purpose intended.[148] As shown by the evidence for the prosecution, Rowen, Ariel and Alberto

were not merely present at the scene of the crime.

As for the rest of the appellants, the foregoing established facts call for the imposition on them of the death penalty in

Criminal Case No. CBU-45303 and reclusion perpetua in Criminal Case No. CBU-45304. It is therefore clear that the

trial court erred in merely imposing “two (2) Reclusiones Perpetua,” rationalizing that justice must be tempered with

mercy. We must be reminded that justice is not ours to give according to our sentiments or emotions. It is in the law

which we must faithfully implement.

At times we may show compassion and mercy but not at the expense of the broader interest of fair play and justice.

While we also find it difficult to mete out the penalty of death especially on young men who could have led productive

and promising lives if only they were given enough guidance, however, we can never go against what is laid down in

our statute books and established jurisprudence.

To accomplish this successfully, it was necessary, first, that the efforts of the

pupils should go hand in hand with mine, that is, that they should study with

direct reference to my instruction ; secondly, that the study thus required of

them should be of the kind from which they might reap the greatest and

most lasting benefit ; thirdly, that the instruction should be of such a

character that the pupils might at least derive a greater advantage from

attending it than from devoting the same time to private study.

To have such a mastery of these as to be able to apply them with constant

facility and certainty to the ever-tangled skein of human affairs, is what

constitutes a true lawyer ; and hence to acquire that mastery should be the

business of every earnest student of law.

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