Discussion Guide - Giveuptomorrow PDF
Discussion Guide - Giveuptomorrow PDF
Discussion Guide - Giveuptomorrow PDF
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.
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
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Give Up Tomorrow
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.
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
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Give Up Tomorrow
TABLE OF CONTENTS CREDITS
Copy Editor:
Natalie Danford
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Give Up Tomorrow
INTRODUCTION
Paco Larrañaga
Photo courtesy of Thoughtful Robot
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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
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
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BACKGROUND INFORMATION
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BACKGROUND INFORMATION
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BACKGROUND INFORMATION
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.
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BACKGROUND INFORMATION
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BACKGROUND INFORMATION
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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.
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BACKGROUND INFORMATION
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BACKGROUND INFORMATION
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
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BACKGROUND INFORMATION
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BACKGROUND INFORMATION
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BACKGROUND INFORMATION
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
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BACKGROUND INFORMATION
Manuel and Margot, Paco’s parents Imanol, Paco’s brother Maisha, Paco’s cousin in Spain
Marijoy and Jacqueline Thelma and Dionisio Chiong, Cheryl Jimenea, Thelma Chiong’s sister
“Jackie” Chiong, parents of the victims
the missing girls
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BACKGROUND INFORMATION
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BACKGROUND INFORMATION
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
Mike Armovit, defense attorney Sandy Coronel, defense attorney Sarah de Mas, Fair Trials International
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GENERAL DISCUSSION QUESTIONS
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DISCUSSION PROMPTS
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DISCUSSION PROMPTS
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DISCUSSION PROMPTS
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DISCUSSION PROMPTS
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?
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DISCUSSION PROMPTS
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DISCUSSION PROMPTS
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DISCUSSION PROMPTS
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Give Up Tomorrow
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.
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Give Up Tomorrow
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.
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RESOURCES
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HOW TO BUY THE FILM
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.
The See it On PBS logo is a trademark of the Public Broadcasting Service and is used with permission. All rights reserved.