California Supreme Court affirms conviction of accused in Pinay's murder

SAN FRANCISCO -  Julia Tempongko received an early birthday gift last week:  The California Supreme Court on  June 3 reinstated the murder verdict on the man convicted of stabbing her sister over 20 times 13 years ago.   "This is great news," said Tempongko, younger sister of  Claire Joyce Tempongko, the single mother of two who was killed in front of her son and daughter.  "I hope the news reaches other women and warn them so they won't have to suffer like my sister did."   Julia Tempongko, a visual merchandiser with an upscale clothier, will mark her 29th birthday July 10.  She will be a year older than her late sister, who was 28 and aspiring to become an accountant while dealing with an on-again, off-again relationship.  Claire Joyce accessed all legal means to protect herself from her violent ex-boyfriend, but he was released by authorities despite having violated a restraining order and mandated domestic violence counseling for perpetrators.  On the early evening of October 22, 2000, prosecutors say he waited for her and her children to get home, cursed her, pummeled her with his fists, and stabbed her multiple times.   Tari Ramirez then fled to his native Mexico, where he was arrested six years later, tried and in 2008 convicted for second-degree murder.  He blamed his rage on what he alleged was Claire Joyce's disclosure that she had been pregnant with his child and had had an abortion.   The jury sentenced him to 26 years to life imprisonment.  Superior Court Robert Dondero instructed the jury on possible manslaughter, advising them to consider how an average individual would react if placed in the same situation as Ramirez, who has changed his surname to Beltran.     Defense attorney Linda Leavitt challenged the instruction, asserting it diverted from the state definition weighing mental health instead of behavior.  The First District Court of Appeal later found in favor of the defense and ordered a new trial.   The prospect of facing Ramirez and reliving the night of the slaying weighed heavily on the Tempongkos, especially on Claire Joyce's mother Clara and daughter Janine Bersabe.   The family had sued and settled with the city, whose responses to the Tempongko case were found wanting by a review body appointed by then-Mayor Willie Brown.  The case compelled the city to institute reforms in handling domestic violence cases.  It raised the awareness of the Filipino American community, which typically considered domestic abuse a private rather than a societal issue.  It encouraged survivors and families - like Clara Tempongko - to speak up and dispel misperceptions about people in abusive relationships, emboldening  victims to seek help.   Last week the Tempongkos found relief.   "This news means so much to my family," Clara Tempongko told Philippine News how she felt upon hearing the verdict from lawyer Dean Taylor of Asian Women's Shelter.  "We cannot imagine having to go through another trial.   Joyce's children are grown up and have found peace at last, though they will never forget their mother.''   Janine Bersabe, 18, is studying information technology at Heald College and plans to pursue a master's degree.  Justin Nguyen, 23, is a manager at Metreon in downtown San Francisco.   ''I couldn't be prouder of both of them," said their grandmother, who raised Bersabe.  Nguyen grew up with his father.   ''We affirm today the standard for determining heat of passion that we adopted nearly a century ago," Justice Carol Corrigan said in announcing the reinstatement.  ''Provocation is adequate only when it would render an ordinary person of average dispositioon 'liable to act rashly or without due deliberation and reflection, and from this passion rather than judgment.' '' - Philippine News