Give Up Tomorrow

A Film by Michael Collins & Marty Syjuco

Community
Engagement & Education
DISCUSSION GUIDE
www.pbs.org/pov
POV
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DISCUSSION GUIDE
Give Up Tomorrow
LETTERS FROM THE FILMMAKERS
DIRECTORS STATEMENT
Producer Marty Syjuco and I had been
friends for a few years when his older
brother, Paco Larraagas 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 skepticismuntil I read
the letter from the 35 unheard witnesses
in the case. I was in a caf on New York
Citys 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.
There was no way to ignore the injustice; I
had a background in video and had long believed in films 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 Pacos 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 guiltthe 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
thatbecause of the prison environment and Pacos experience of media as enemywe could not adequately capture on
film the sweetness and joy in his personality that we glimpsed, and that Pacos friends and family saw as his essential nature.
I came to understand that we could prove Pacos 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
Director Michael Collins
Photo courtesy of Joshua Z. Weinstein
LETTERS FROM THE FILMMAKERS
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DISCUSSION GUIDE
Give Up Tomorrow
PRODUCERS STATEMENT
I first met Paco at my brothers wedding
to Mimi, Pacos older sister. Eight years
younger than I, he was just an overweight
kid, and I didnt 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 Pacos 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 Manila300 miles from the scene
of the crimeon 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 meblind 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 countrys deeply flawed system.
It was precisely my comfort in this role, and my perspectives as a political and familial insider, that made me particularly
suitedand obligatedto act in Pacos 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 countrys poorly paid and ill-trained police are a persistent threatto 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 innocentor both,
as we found in Pacos caseand 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 Larraaga 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
Producer Marty Syjuco
Photo courtesy of Joshua Z. Weinstein
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DISCUSSION GUIDE
Give Up Tomorrow
2 Letters From the Filmmakers
5 Introduction
6 Potential Partners
6 Key Issues
6 Using This Guide
7 Background Information
7 Paco Larraaga Case Summary
11 Philippines Country Profile
13 Cases of Wrongful Conviction
15 Prisoner Transfer Treaties
17 Media Responsibility in the Philippines
19 Selected People Featured
in Give Up Tomorrow
22 General Discussion Questions
23 Discussion Prompts
30 Taking Action
31 Resources
33 How to Buy the Film
Writer
Faith Rogow, PhD
Insighters Educational Consulting
Guide Producers and Background Research, POV
Eliza Licht
Vice President,
Community Engagement & Education, POV
Jamie Dobie
Coordinator,
Community Engagement & Education, POV
Aubrey Gallegos
Assistant,
Community Engagement & Education, POV
Abby Harri
Marlaina Martin
Samantha Rivera
Nicole Tsien
Interns, Community Engagement & Education, POV
Design:
Rafael Jimnez
Eyeball
Copy Editor:
Natalie Danford
Thanks to those who reviewed this guide:
Michael Collins and Marty Syjuco
Filmmakers, Give Up Tomorrow
TABLE OF CONTENTS CREDITS
This could be a fictional thrillera 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 Larraaga, 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 Larraagas
controversial trialone of the most
sensational ever in the Philippines. The
films 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
nations 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.
INTRODUCTION
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DISCUSSION GUIDE
Give Up Tomorrow
Paco Larraaga
Photo courtesy of Thoughtful Robot
Give Up Tomorrow is well suited for use in a variety of
settings and is especially recommended for use with:
Your local PBS station
Groups that have discussed previous PBS and POV
films relating to criminal justice systems, unjust
imprisonment or the death penalty, including
Presumed Guilty, Prison Town, USA and Better
This World.
Groups focused on any of the issues listed in the
Key Issues section
High school students
Faith-based organizations and institutions
Cultural, art and historical organizations,
institutions and museums
Civic, fraternal and community groups
Academic departments and student groups at
colleges, universities and high schools
Community organizations with a mission to
promote education and learning, such as your
local library
Give Up Tomorrow is an excellent tool for outreach and
will be of special interest to people looking to explore the
following topics:
Citizenship
Corruption
Crime/criminal justice
Death penalty
Fair trials
Human rights
International law
Journalism
Justice
Justice system
Law
Media literacy
Philippines
Prison/incarceration
Spain
Wrongful convictions
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DISCUSSION GUIDE
Give Up Tomorrow
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
POTENTIAL PARTNERS KEY ISSUES
BACKGROUND INFORMATION
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DISCUSSION GUIDE
Give Up Tomorrow
Paco Larraaga Case Summary
July 16, 1997 was a typical day for Give Up Tomorrows
subject, Paco Larraaga. 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.
Three hundred miles away on the island of Cebu, parents
Dionisio and Thelma Chiong were filing missing-persons
reports. Their daughters, Marijoy, 21, and Jacqueline, 23, had
disappeared while waiting for their father to give them a
ride home from work. The sisters would never be seen alive
again. A battered, blindfolded and handcuffed body was
soon discovered and identified as Marijoy. Jacqueline was
never found.
Two months later, Pacos sister, Mimi, received a call
from her frightened brother saying that men in
civilian clothes were arresting him for the kidnap,
rape and murder of both Chiong sisters. Six other boys in
Cebu were also arrested. Although some of the boys
names were on a list of juvenile delinquents because of a
previous altercation, there was no evidence linking them to
the crime.
The Chiong family is Chinese-Filipino. Paco is part of a
prominent mestizo political clan that includes a former
president. Beefy and tough, with a past of petty offenses,
he neatly fits the role of privileged thugand that is how he
was cast by the frenzied media that swarmed his arrest and
trial and cheered his eventual sentence to death by lethal
injection.
Paco Larraaga (right) 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
BACKGROUND INFORMATION
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DISCUSSION GUIDE
Give Up Tomorrow
Initially, Pacos family, devout Catholics like many Filipinos,
discussed his leaving the country. But they decided he
would stay and clear his name. We didnt think it would go
beyond preliminary investigation because we had . . . more
than 35 witnesses . . . that said this boy was nowhere near
Cebu on July 16, said Mimi.
As the media began painting sensational portraits of the
accused boys as drug addicts, Thelma Chiong, distraught
mother of the victims, became a sensation herself. She
claimed Paco had been dating and menacing Marijoy, an
allegation he and his sister, Mimi, strenuously denied. Mimi
began to suspect that the Chiongs were hiding something.
She was right.
It turned out that Dionisio Chiong had worked at a trucking
company owned by an alleged drug lord. At the time of
his daughters disappearance, Dionisio had been
scheduled to testify against the drug lord at a
congressional hearing, but then he abruptly changed his
mind. Could the murders have been ordered to ensure
Dionisios silence? It was later discovered that the
plainclothes police who arrested Paco were the alleged
drug kingpins bodyguards and that the police superin-
tendent was a close friend.
The story became stranger still. While Paco and the six co-
defendants languished in prison, Thelma Chiong was
appointed vice president of the Crusade Against Violence.
Her sister was the personal secretary to the newly elected
president, Joseph Estrada, who assigned four different
agencies to tackle the investigation.
Police searched the Larraagas property for a link to the
crime. No such link was found, but eight months later
prosecutors announced they had a star witness. A young
Paco's mother, Margot, being interviewed by press.
Photo courtesy of Alex Badayos
BACKGROUND INFORMATION
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DISCUSSION GUIDE
Give Up Tomorrow
prisoner named Davidson Rusia confessed that he was
among the gang sought for kidnapping, raping and
murdering the Chiong sisters. When the trial got underway,
the prosecution questioned Rusia for days, while Pacos
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
prison. Rusias cellmates would later claim he had been
repeatedly tortured by police before confessing.
The Philippines has no jury system, so Pacos fate rested in
the hands of the judge in the case, Martin Ocampo, who
made the defense teams work difficult, even jailing them
for protesting his decision to throw out expert testimony
questioning the identification of Marijoy Chiongs body.
When Pacos fellow students and instructors took the stand
to verify his alibi, the judge cut short their testimony,
declaring that there were too many witnesses. Paco was
never allowed to take the stand.
Judge Martin Ocampo, who was even seen sleeping
through parts of the proceedings, took three
months to write his decision. The verdict, reached two
years after the crime, was devastating: Paco and his co-
defendants were found guilty and received two
consecutive life sentences. Under Philippine law, a guilty
verdict required the death penalty, so why did the judge
rule otherwise? He admitted there was insufficient proof
that the corpse was Marijoy Chiongs. You dont know the
pressure Im under, he told reporters who asked if he
feared for his life. Five months later, he committed suicide.
The Chiong family was outraged that the young men had
not received the death penalty, and their ally President
Estrada asked the Department of Justice to change the
sentence. The Larraaga family appealed to the Supreme
Court to protest the many violations of Pacos constitu-
tional rights.
Thelma Chiong and her sisters dismayed reaction
to the judge's verdict of life imprisonment rather than
the death penalty.
Photo courtesy of Alex Badayos
BACKGROUND INFORMATION
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DISCUSSION GUIDE
Give Up Tomorrow
Lawyers assured the family that Pacos case was strong. On
February 3, 2004, Pacos 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
by lethal injection.
But in another twist, the courts new verdict awakened
widespread support for the accused young men. Student
witnesses joined Catholic priest Father Reyes in organizing
a run to raise awareness around the case, and Paco's family
sought new avenues for justice. Because his father was
Spanish, Paco was also a Spanish citizen. The family
appealed to Spain for help and Amnesty International led a
nationwide campaign that generated huge momentum. In
November 2004, activists delivered a petition with nearly
300,000 signatures to the embassy of the Philippines in
Madrid.
The countrys Supreme Court, led by a chief justice related
to Thelma Chiong, refused to budge. In a final effort, Pacos
lawyers submitted his case to the United Nations
Commission on Human Rights, which called for his
release. The Spanish government asked Philippine
President Gloria Arroyo, who had replaced
President Estrada following his removal on corruption
charges, to grant Paco clemency. She vowed that Pacos
life would be saved and, astonishingly, abolished the
nations death penalty in June 2006. The two countries
agreed that Paco would be transferred to Spain to serve
the remainder of his life sentence. Thelma Chiong triedbut
failedto prevent the transfer.
Paco and his family hoped that his transfer to Spain would
set him off on a path to freedom, but the Spanish prison
review board would only recommend Paco for parole if he
would admit his guilt. More than two years after his transfer
to Spain and 15 years after his arrest, Paco remains in prison
but now benefits from an additional privilege of the Spanish
penal system: Due to time already served, he is granted
occasional therapeutic leaves (a few days every month) at
the prison boards discretion, which means he receives
permission to leave during daytime hours to study and
work. The Republic of the Philippines retains jurisdiction
over the case.
The co-accused at the trial.
Photo courtesy of Alex Badayos
BACKGROUND INFORMATION
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DISCUSSION GUIDE
Give Up Tomorrow
Philippines Country Profile
Location:
The Republic of the Philippines is a chain of 7,107 islands in
the western part of the Pacific Ocean, covering an area of
115,830 square miles in Southeast Asia. The country is
divided into three areas: Luzon to the north, Visayas in the
center and Mindanao to the south. Manila, the capital city
where Paco attended culinary school, is located in Luzon.
Cebu, the home of the Larraaga and Chiong families, is
located in central Visayas. The archipelago was formed by
volcanic activity, and is mostly mountainous with areas of
coastal lowlands. With 20 active volcanoes, the Philippines
is part of the Pacific Ring of Fire and is thus prone to
seismic activity. The countrys tropical climate also
makes it susceptible to typhoons.
Population:
The Philippines has a population of 98 million (2012
estimate). More than 150 native languages and dialects are
spoken in the Philippines, and there are four principal
languages: Cebuano, spoken in Visayas; Tagalog, spoken
around Manila; Ilocano, spoken in northern Luzon; and
Maranao, spoken in Mindanao. To establish national unity,
the government promotes the use of Filipino, based on
Tagalog, as the national language, and it is taught all over
the country. English is also an official language of the
country, and many speak it as a second language. The
Philippines has one of the highest literacy rates of
developing countries, with over 93 percent of the
population over 10 years of age able to read. The gender
gap is significantly close with regard to health and
education.
The crowd outside the Palace of Justice.
Photo courtesy of Alex Badayos
BACKGROUND INFORMATION
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DISCUSSION GUIDE
Give Up Tomorrow
Due to over 400 years of Spanish and American rule, more
than 90 percent of the population is Christian. A small
Muslim population also exists, around 4.6 percent, concen-
trated in central and western Mindanao. Some smaller
forest tribes still live in the more remote areas of Mindanao.
With a gross domestic product per capita of $2,370 in 2011,
economic growth in the Philippines has averaged 5 percent
over the past year, with a 7.6 percent growth rate in 2010,
the highest in 20 years. Since the global financial crisis and
recession, efforts have been made to develop programs
that boost infrastructure, and as a result the economy has
been relatively stable and resilient.
Government:
The Philippines is a representative democracy modeled
after the U.S. system of government. Under the 1987 consti-
tution, ratified under the Corazon Aquino administration, a
government was established with three branchesthe
executive, with a president limited to one six-year term; a
bicameral legislature; and an independent judiciary. The
senate consists of 24 members who serve six-year terms;
half of them are elected every three years. The House of
Representatives is made up of 285 members, 229 of whom
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
the constitution, the number of members of the House of
Representatives is limited to 250. However, a 2010 Supreme
Court ruling allows additional party members to sit in, if
they attained the required number of votes.
Some of the major issues affecting the political climate of
the country are corruption, cronyism and nepotism. There
are several families at the forefront of society, and they
hold a large share of both political power and economic
wealth. The incumbent president, Benigno Aquino III, ran on
an anti-corruption platform. He took office in June 2010.
Under his administration, a Truth Commission was
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
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.
Justice:
The Supreme Court of the Philippines is composed of 15
justices, appointed by the president with recommendations
from the judicial and bar council. The justices serve on the
court until they reach the age of 70. Other courts include
the Court of Appeals, and the Sandiganbayan (Peoples
Advocate), a special court for cases involving corruption
of government officials. While the Philippines has adopted
a legal framework similar to that of the United States, it has
not implemented a jury system. A judge hears the case and
issues a ruling. In Paco Larraagas case, it was Judge
Martin Ocampo who heard the evidence and adjourned the
court for three months to write his decision.
As a result of massive case backlogs and low salaries, the
legal system is fraught with inefficiencies and corruption.
Only one percent of the national budget is allocated to the
judiciary, so very often judges and lawyers become
dependent on local politicians for resources, which allows
political influence to trickle in. This culture of impunity has
made the Philippines one of the most dangerous places for
employees in the court system. Since 1999, at least 12
judges have been killed, and the perpetrators remain
unpunished.
Sources:
Election Guide. Philippines.
http://electionguide.org/country.php?ID=171
Freedom House. Philippines.
http://www.freedomhouse.org/report/freedom-world/2012/philippines
Reuters. Philippines Aquino Sets Up Truth Commission. June 29,
2010.
http://in.reuters.com/article/2010/06/29/idINIndia-49743820100629
U.S. Department of State. Background Note: Philippines.
http://www.state.gov/r/pa/ei/bgn/2794.htm
The World Bank. GDP Per Capita.
http://data.worldbank.org/indicator/NY.GDP.PCAP.CD
The World Bank. Philippines Overview.
http://www.worldbank.org/en/country/philippines/overview
BACKGROUND INFORMATION
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DISCUSSION GUIDE
Give Up Tomorrow
Cases of Wrongful Conviction
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
worldwide.
The Supreme Court of the Philippines released information
in 2004 that cited a 71.77 percent judicial error rate in
capital cases in the period from 1993 to 2004, when capital
punishment was still legal, a percentage determined by the
total number of death convictions that had been either
reversed or pardoned. During this time, 651 of 907
convicted persons were saved from lethal injection due to
wrongful conviction. In recognition of this high error rate,
the Supreme Court issued a ruling on DNA evidence
that allows post-conviction DNA testing without
need of prior court order, although it also requires that a
relevant biological sample exist and that testing be likely to
result in the reversal or modification of the conviction.
Wrongful convictions are not unique to the Philippines.
According to a report released by Columbia University
researchers in May 2012, there have been a total of 2,061
inmate and ex-convicts exonerated of serious crimes in the
United States since 1989. Worldwide, DNA evidence has
assisted in clearing the names of hundreds of wrongfully-
convicted prisoners, many of whom were on death row or
facing other serious sentences. Use of DNA technology to
revisit past convictions has led to 297 exonerations in the
Judge Martin Ocampo
Photo courtesy of Alex Badayos
BACKGROUND INFORMATION
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DISCUSSION GUIDE
Give Up Tomorrow
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:
Asia Times Online. Wrongful Conviction Puts
Spotlight on Japanese Justice.
http://www.atimes.com/atimes/Japan/NF30Dh01.html
Innocence Project. The Causes of Wrongful Conviction.
http://www.innocenceproject.org/understand
Innocence Project. Eyewitness Identification Reform.
http://www.innocenceproject.org/Content/Eyewitness_
Identification_Reform.php
Innocence Project. Facts on Post-conviction DNA Exonerations.
http://www.innocenceproject.org/Content/Facts_on_PostConviction_
DNA_Exonerations.php
The Week. 25 Years of Wrongful Convictions: By the Numbers.
http://theweek.com/article/index/228292/25-years-of-wrongful-
convictions-by-the-numbers
Margot Larraaga and Thelma Chiong, the two mothers
fighting for polarized versions of justice.
Photo courtesy of Arni Aclao
BACKGROUND INFORMATION
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DISCUSSION GUIDE
Give Up Tomorrow
Prisoner Transfer Treaties
As a dual citizen of the Philippines and Spain, Paco
Larraaga was moved to a Spanish prison under what is
known as the RP-Spain Transfer of Sentenced Persons
Agreement (TSPA). Signed on May 18, 2007 and approved
by the senates of both countries, this treaty allows foreign
prisoners to be sent to their countries of nationality to serve
out the rest of their sentences.
As of 2011, the Philippine government had established
prisoner transfer agreements with five different nations
China, Canada, Cuba, Thailand and Spain. Though Pacos
case is an exception, the origin of prisoner transfer treaties
is largely humanitarianthey are typically issued to protect
nationals who are incarcerated abroad under abusive and
inhumane conditions. The sentencing country (in
Pacos case the Philippines) retains sole power
over whether or not the convicted person will be granted
amnesty or pardon, but the treaty is dependent on the
cooperation of partner nations and encourages cordial
international relations. In this case, Spain has the option to
ask the Philippines for clemency for Paco.
The RP-Spain TSPA permits transfers to be carried out only
if certain criteria are met. The sentenced person must be a
national of the state to which he or she is being transferred;
the committed offense must be criminally punishable both
in the country of offense and the country of nationality; the
sentence must be final and without other legal recourse;
and the sentenced person must have consented to the
transfer, satisfied any payment of fines and have at least
Co-defendant Josman Aznar being escorted out
after the verdict.
Photo courtesy of Alex Badayos
BACKGROUND INFORMATION
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DISCUSSION GUIDE
Give Up Tomorrow
one year left to serve. In Paco Larraagas case, the Chiong
family reportedly received 750,000 Philippine pesos in civil
damages from the Larraaga family (an amount equivalent
to approximately $18,000 in 2012). Once a sentenced
person or either partner nation confirms that all of these
criteria apply, a transfer request may be submitted to the
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
when three British businessmen (the so-called NatWest
Three) pled guilty to fraud during the 2007 Enron case and
were transferred to the United Kingdom prison system after
serving only six months of a 37-month sentence.
Records kept by the U.S. International Prison Transfer
Unit (the branch of the U.S. Department of Justice that
presides over prison transfer agreements involving
the United States) reveal that 595 foreign nationals were
sent back to their home countries from United States
prisons between 2008 and 2010 and 163 Americans
returned from prisons abroad in that same time period.
Sources:
abs-cbnNEWS.com. Larraaga Turned Over to Spain.
http://www.abs-cbnnews.com/nation/10/06/09/larra%C3%B1aga-
turned-over-spain
Council of Europe. Convention on the Transfer of Sentenced Persons.
http://conventions.coe.int/Treaty/en/Treaties/Html/112.htm
Lee-Brago, Pia. DFA Chief Defends RP-Spain Prison Transfer Treaty.
The Philippine Star, September 12, 2009.
http://www.philstar.com/Article.aspx?articleId=504546&publicationSu
bCategoryId=63
A scene from Give Up Tomorrow.
Photo courtesy of Alex Badayos
BACKGROUND INFORMATION
| 17
DISCUSSION GUIDE
Give Up Tomorrow
Media Responsibility in the Philippines
The medias 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
news broadcasts that referred to Paco Larraaga by
various derogatory names, media responsibility became a
point of contention for Larraagas domestic and interna-
tional supporters.
In 2011, the Philippine Center for Investigative Journalism
issued a proposal for a publication that would illustrate the
Philippine medias sensational reporting on rape and would
recommend ethical guidelines for journalists. The proposed
publication would focus on the Chiong rape case, specif-
ically, and would cite articles published in the media
outlets that covered the case, including the Philippine
Daily Inquirer, Philippine Star, Manila Bulletin,
Manila Times and the tabloids Bulgar, Tempo and Abante.
In a July 2012 opinion piece on the GMA News website,
blogger and essayist Katrina Stuart Santiago revisited the
medias involvement in the Chiong case. She writes that
the media saw the bad boy stereotype and sold it to us 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 and absolutely biased
reportage that Im sure any media personality would want
to deny.
To date, much of the attention paid to media responsibility
in the Philippines has focused on journalists charged with
The accused being interviewed by journalists.
Photo courtesy of Alex Badayos
BACKGROUND INFORMATION
| 18
DISCUSSION GUIDE
Give Up Tomorrow
libel against politicians. For
example, in 2005, five
journalists in Cebu were
charged for publishing stories
about a mayors 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
Mendozas 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
worldwide, pointed to the failure of the Philippine mass
media to provide citizens with balanced and objective
information they need on matters such as their own rights.
Sources:
Article 19. Freedom of Expression and the Media in the Philippines.
http://www.article19.org/data/files/pdfs/publications/philippines-
baseline-study.pdf
Center for Media Freedom & Responsibility. Cebu Journalists Face
Libel Suit.
http://www.cmfr-phil.org/2005/10/06/cebu-journalists-face-libel-suit/
GMA News. The Refusal to Give Up Today.
http://www.gmanetwork.com/news/story/267007/opinion/the-
refusal-to-give-up-today
Philippine Center for Investigative Journalism. Reporting on Rape.
http://www.scribd.com/doc/50091078/Reporting-on-Rape-Media-
Coverage-Content-Analysis
Solidarity Philippines Australia Network. Statement on Press Freedom
in the Philippines.
http://cpcabrisbane.org/Kasama/1999/V13n3/Press.htm
SunStar Cebu. Forum Discusses Libel in Media.
http://www.sunstar.com.ph/cebu/local-news/2012/05/05/forum-
discusses-libel-media-219824
Paco's mother, Margot, reading the latest headlines
on his case.
Photo courtesy of Alex Badayos
BACKGROUND INFORMATION
| 19
DISCUSSION GUIDE
Give Up Tomorrow
Paco Larraaga Mimi, Pacos sister Jaime, Pacos brother-in-law (Mimis
husband)
Manuel and Margot, Pacos parents Imanol, Pacos brother Maisha, Pacos cousin in Spain
Tatat, Pacos aunt in Spain
Marijoy and Jacqueline
Jackie Chiong,
the missing girls
Thelma and Dionisio Chiong,
parents of the victims
Cheryl Jimenea, Thelma Chiongs sister
Selected People Featured in Give Up Tomorrow
The Families
BACKGROUND INFORMATION
| 20
DISCUSSION GUIDE
Give Up Tomorrow
Leo Lastimosa Suzzane Salva Teddy Locsin, Jr.
Dong Puno Solita Monsod Lucia Gomez
Selected People Featured in Give Up Tomorrow
Journalists and Television Personalities
Napoleon Estilles, senior police
superintendent and friend of the
employer of Dionisio Chiong
Pablo Labra, police inspector, arresting
officer and winner of Cebus 1997
Outstanding Policeman award
Teresita Galanida, prosecuting attorney
Judge Martin Ocampo, trial judge
Selected People Featured in Give Up Tomorrow
Law Enforcement and Government Investigators
Mike Armovit, defense attorney Sandy Coronel, defense attorney Sarah de Mas, Fair Trials International
Advocates and Legal Advisors
BACKGROUND INFORMATION
| 21
DISCUSSION GUIDE
Give Up Tomorrow
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?
GENERAL DISCUSSION QUESTIONS
| 22
DISCUSSION GUIDE
Give Up Tomorrow
Dionoso and Thelma Chiong light candles
for their daughters.
Photo courtesy of Alex Badayos
DISCUSSION PROMPTS
| 23
DISCUSSION GUIDE
Give Up Tomorrow
The Justice System
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
trusting their countrys legal system? What happened as a
result?
Based on what you see in the film, how do laws and policies
prevent or facilitate corruption? Consider things like hiring
processes, how one earns a license to practice law,
requirements for arrest and detention and who has a say in
whether or not a prosecution moves forward.
Following the trial, those involved in the prosecution and
conviction received promotions. What was your reaction to
this news? When are promotions a natural and appropriate
reward for success and when are they evidence of
corruption?
Paco Larraagas attorney Sandy Coronel says in the film,
To lose hope in this case would be to concede the entire
justice system. Because I see this case as a test of how
effective and how real our justice system works.
What was your reaction to that statement? If this
was a test case, how do you think the Filipino
justice system fared in the end?
Prosecution witnesses received reward money. Should
witnesses ever receive payment for their testimony? If not,
why not? If so, under what circumstances?
How does being in prison change Paco? What does this
suggest about the practice of imprisoning people while
they await trial?
Jos Bono, Spains minister of defense at the time, asks the
president of the Philippines to commute Pacos death
sentence. In your view, is Spain overstepping its bounds
and interfering with the justice system of a sovereign
nation? Do you think Spain should play a role in this
situation?
Fair Trials International, Amnesty International and the
United Nations Commission on Human Rights all get
involved in Pacos case. Given what you see in the film, is it
advisable to involve independent human rights groups in
these matters? What are those groups able to do that
others are not?
Judge Martin Ocampo
Photo courtesy of Alex Badayos
DISCUSSION PROMPTS
| 24
DISCUSSION GUIDE
Give Up Tomorrow
The Arrest
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
factors (e.g., eliminating possible danger to the public) give
way to undue influence that leads to mistakes or
corruption?
Inspector Pablo Labra zeroed in on Paco because Pacos
name appeared in police records (the result of a minor
scuffle in 1995). In your experience, what does a criminal
record do to a persons reputation? How many people in
your community, family or circle of friends have criminal
records? How do you think this influences peoples
perceptions of them?
Thelma and Dionisio Chiong say that Paco pursued Marijoy
Chiong and she rejected him, implying that he was a
spurned suitor. What is the impact of this statement on
the general public? What does it suggest about the
cultures beliefs about men and masculinity?
Evidence
If you were telling the story from Chiongs side, how would
you explain each piece of evidence, each trial decision and
each coincidence? What if you were telling the story from
the Larraaga familys point of view?
Thirty-five witnesses signed affidavits stating that they
were with Paco in Manila while the alleged crime was
happening in Cebu. What made this alibi evidence
believable or not believable? Which of the witnesses do you
find believable and why do you find those people
convincing?
Pacos sister Mimi says, You know, at first, Mrs. Chiong had
my sympathies. Im a mom, too. I have a daughter, too. And
I felt her pain. Did you share her sympathy? What makes
Mimi change her mind?
Paco and Josman Aznar standby during the trial.
Photo courtesy of Alex Badayos
DISCUSSION PROMPTS
| 25
DISCUSSION GUIDE
Give Up Tomorrow
The filmmakers present several coincidences. What
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
Shortly before the murders, Dionisio Chiongs trucking
business was under investigation for drug trafficking. He
was scheduled to testify against his boss, in front of a
congressional committee on drugs, but before the
scheduled date his daughters disappeared and he decided
not to testify.
Cheryl Jimenea, Thelma Chiongs sister, supervised
a raid of the Larraaga family farm based on
reports of screams coming from the property.
After the trial, Judge Martin Ocampo was found dead
in a hotel room with a suicide note.
While Pacos case was on appeal, President Joseph
Estrada was convicted of corruption and removed from
office.
The chief justice of the Supreme Court of the
Philippines, which rejected international pleas to suspend
imposition of the death penalty, is related to Thelma
Chiong.
Thelma Chiong on the witness stand.
Photo courtesy of Alex Badayos
DISCUSSION PROMPTS
| 26
DISCUSSION GUIDE
Give Up Tomorrow
Trial Procedure
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?
Davidson Rusia is arrested and confesses, then implicates
Paco and the others, in exchange for his freedom. Do you
find his story to be credible? Why or why not?
Prosecuting attorney Teresita Galanida points out that the
Philippine legal system does not use juries. Only a judge
actually hears evidence. What are the strengths and
weakness of that system?
The defense seeks a change of venue from Cebu to Manila.
If it were up to you, what criteria would you use to decide
whether or not to move a trial out of the community where
the crime was committed?
What is your explanation for these trial rulings? How
do you think Ocampo would have explained them?:
The judge refused to hear testimony from many of
Pacos alibi witnesses.
Cross-examination of key prosecution witness
Davidson Rusia was limited.
The judge excluded forensic evidence that challenged
the identification of the body.
When defense lawyers challenged that ruling, the
judge jailed the lawyers and continued the trial with lawyers
that he appointed.
Paco was not allowed to testify in his own defense.
In explaining his sentence of life imprisonment, Judge
Ocampo says, You have to follow what the law says.
Given this statement, how do you think Paco ended up
being sentenced to death?
A prosecution witness points to the accused during the trial.
Photo courtesy of Alex Badayos
The Impact and Response
What is the significance of the films title?
Paco Larraagas father, Manuel, says, As parents we feel
incredibly helpless... if we fall, our son falls. What is the role
of family support in Pacos survival?
As is the case with most convictions, the consequences
extend beyond the sentences served by the defendants.
How do Pacos trial and conviction affect the members of
his family? How about his classmates or the community in
which he lived?
Mimi says that after the death sentence was imposed we
didnt know how to comfort him. How do you tell him, Im
sorry for this injustice. Im sorry that it happened to you?
What would you tell Paco?
The death sentence shakes Mimis faith in God. How does
Father Reyes response to the injustice help restore that
faith? What are the other ripple effects of the choice
made by Father Reyes, and the other runners, to take a
public stand in support of Paco? Compare those ripple
effects to the effects of the verdict itself and the
corruption that was behind it.
DISCUSSION PROMPTS
| 27
DISCUSSION GUIDE
Give Up Tomorrow
A court clerk reads the final verdict.
Photo courtesy of Alex Badayos
DISCUSSION PROMPTS
| 28
DISCUSSION GUIDE
Give Up Tomorrow
Justice
The Arroyo administration ultimately abolishes the death
penalty. What does Pacos case offer that could or should
inform current debates over the death penalty?
Despite Thelma Chiongs attempts to obstruct the transfer,
Paco is ultimately sent to Spain. Why doesnt the transfer
end this case for the Philippines? What else would need to
happen for the matter to be fully resolved? What would it
take to restore justice in the Philippines?
In Spain, the prison review board says that it will grant
parole to Paco if he admits his guilt. Paco responds, How
can I assume something I didnt do? I can never admit guilt
because I am not guilty. Id rather have the death penalty
again than admit a crime that I didnt 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?
Pacos mother says, My mother comes from a political
family. Her family name is Osmea. 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
Pacos arrest and prosecution and the publicity surrounding
the case? Why would the media cast Paco as the scion of
Thelma Chiong and the Crusade Against Violence.
Photo courtesy of Alex Badayos
DISCUSSION PROMPTS
| 29
DISCUSSION GUIDE
Give Up Tomorrow
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
you had been interviewing him, would these have been your
questions? What questions would you have asked?
Television personality Teddy Locsin, Jr. calls the boys
animals and drug addicts, and he derogatorily describes
Paco as a Spanish-blooded mestizo. What role do word
choices, labels and prejudice play in shaping peoples
perceptions of the defendants and their case?
A re-enactment of the crime based on Rusias testimony is
broadcast nationally while the trial is occurring. Should
media outlets be prevented from airing such broadcasts, or
do they have the right to do so as part of free speech
or their duty to keep the public informed? If you
were a regulator, what guidelines would you offer
to govern such re-enactments?
Journalist Leo Lastimosa says, Its so easy to manipulate
people. Its so easy to exploit drama and tragedies and
calamities to favor selfish interests. In this case, who did
the manipulating and exploiting? How did they manage it in
the face of such overwhelming evidence of Pacos
innocence?
Paco's parents, Manuel and Margot,
being interviewed by reporters in Spain.
Photo courtesy of Alex Badayos
Additional media literacy questions are available at:
www.pbs.org/pov/educators/media-literacy.php
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.
| 30
DISCUSSION GUIDE
Give Up Tomorrow
Father Reyes and fellow supporters at a run to
raise awareness around Paco's case.
Photo courtesy of Alex Badayos
FREE PACO NOW
http://freepaconow.com/case-documents
Advocates for Pacos release have gathered documents
related to the case. Available in English and Spanish.
FAIR TRIALS INTERNATIONAL
www.fairtrials.net/cases/article/francisco_juan_
larranaga_paco
This organization assists individuals accused of crimes who
are being held in foreign prisons and it helped to bring
Pacos case before the United Nations Commission on
Human Rights.
REPRIEVE
http://www.reprieve.org.uk/cases/pacolarranaga
Reprieve uses the law to enforce the human rights of
prisoners, from death row to Guantnamo Bay. The group
investigates, litigates and educates, providing legal support
to prisoners unable to pay for it themselves. This page
provides information regarding the Larraaga case.
Human Rights and the Death Penalty
AMNESTY INTERNATIONAL
www.amnesty.org/en/region/philippines/report-2012
For the current status of human rights in the Philippines,
access this report from Amnesty International. Also of
interest is the groups information on abolishing the death
penalty (www.amnesty.org/en/death-penalty) and its
petition in support of Paco (www.es.amnesty.org/
actua/acciones/filipinas-espanol-condenado-a-muerte/).
CHANGE.ORG
http://criminaljustice.change.org
Change.org is an online hub for social change that hosts
online communities for 20 major causes, including prison
reform. With a team of hundreds of writers and nonprofit
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 groups website. Search for the
term death penalty to see stories about current death
penalty cases across the globe.
RESOURCES
| 31
DISCUSSION GUIDE
Give Up Tomorrow
FILMMAKER WEBSITE
www.pacodocu.com
The films 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 websitewww.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 Pacos case.
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.
PROCON.ORG
http://deathpenalty.procon.org
This site, which focuses on the United States, provides an
overview of the policy debate regarding the death penalty,
as well as information about the history of the death
penalty and its implementation. There are also links to
Amnesty Internationals global reports on which nations still
carry out death sentences.
UNITED NATIONS OFFICE OF THE HIGH
COMMISSIONER FOR HUMAN RIGHTS
www.ohchr.org
On Larraagas behalf, this office pressured the Philippine
government. The offices website provides country-by-
country reports, as well as general information on human
rights.
RESOURCES
| 32
DISCUSSION GUIDE
Give Up Tomorrow
Thelma Chiong at a vigil with the Crusade Against Violence.
Photo courtesy of Alex Badayos
HOW TO BUY THE FILM
To order Give Up Tomorrow, go to www.shoppbs.org
The See it On PBS logo is a trademark of the Public Broadcasting Service and is used with permission. All rights reserved.
Produced by American Documentary, Inc.
and beginning its 25th season on PBS in
2012, the award-winning POV series is the
longest-running showcase on American television to feature
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Airing June through September with primetime specials during
the year, POV has brought more than 300 acclaimed documen-
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POVs award-winning website extends the life of our films
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The POV Blog is a gathering place for documentary fans and
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www.pbs.org/pov/outreach
POV films can be seen at more than 450 events nationwide
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Major funding for POV is provided by PBS, The John D. and
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presented by a consortium of public television stations,
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American Documentary, Inc. (AmDoc) is a multimedia
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Front cover: Paco Larraaga 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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