MANILA, Philippines – Convicted rapist and murderer Francisco “Paco” Larrañaga has one last bet in his bid for freedom, according to Marty Syjuco, who produced the film documenting missteps by Philippine courts, police and media that led to a young man losing his life behind bars. (Read: Give up tomorrow)
“It’s all up to the Philippine president. He’s the only one who can grant pardon for Paco,“ Syjuco told Rappler in a March 15 interview.
So far, petitions by Larrañaga’s lawyers to the Board of Pardons and Parole have been denied. But Syjuco explained that filing with the board is “part of the process for asking the President for pardon.”
Larrañaga, who was arrested on Sept 22, 1997, has been jailed for 15 and a half years for the kidnapping, rape and murder of 23-year-old Marijoy Chiong and her 20-year-old sister Jacqueline. Born to a Spanish father and a Filipina mother of the influential Osmeña clan of Cebu, he was sent to serve out the rest of his sentence in a Spanish prison in 2009 thanks to the RP-Spain Transfer of Sentenced Persons Agreement (TSPA). Without a pardon from the Philippine president, Larrañaga won’t be released until 2039, by which time he will be 61 years old.
Changing the justice system
Syjuco has seen Larrañaga repeatedly slapped back by the Philippine justice system – the initial trial judge cut short testimony from alibi who were with Larrañaga 500 km away from Cebu the same night the victims were abducted, his defense lawyer was jailed briefly for protesting the decision to throw out expert testimony disputing the identification of Marijoy Chiong’s body and the Supreme Court elevated his sentence to death by lethal injection before the death penalty was outlawed. The United Nations Human Rights Committee (UNHRC) wrote that the trial was “unfair” and that Larrañaga’s rights were violated.
Still, despite past missteps, the filmmaker is hopeful the justice system is changing under Aquino.
“It’s a great turning point. Little by little we’re starting to get back belief in our systems. The recent impeachment of Chief Justice Corona, that was really amazing that [it] happened. There’s a shift happening now,” he said.
Syjuco, whose brother is married to Larrañaga’s sister, has an obvious personal stake in securing the pardon. He and Larrañaga’s immediate family are gathering signatures on freepaconow.com for a petition they will deliver to the President.
The Philippines has a history of presidential pardons, which are allowed under the 1987 Constitution, which states that “except in cases of impeachment… the President may grant reprieves, commutations, and pardons.” When Gloria Macapagal Arroyo was president, she famously pardoned former president Joseph Estrada who was found guilty of plunder. Aquino has pardoned more low-profile cases, including a British drug-trafficker in 2011 and 8 elderly inmates in 2012.
“I hope Paco gets his freedom, that’s what he deserves,” said Syjuco, who added that Larrañaga is already working on his rehabilitation and has begun studying cooking again, the course he was taking when he was arrested at the age of 19. – Rappler.com