SC orders AFP to release 3 UP students

MANILA, Philippines - Three students of the University of the Philippines (UP) suspected to be New People’s Army members are to be released from military detention on orders of the Supreme Court (SC).

However, they are reported to be missing.

The SC affirmed the findings of the Court of Appeals (CA) that officers of the Army’s 7th Infantry Division then under the command of now retired Maj. Gen. Jovito Palparan could be liable for the abduction of UP students Sherlyn Cadapan, Karen Empeño and Manuel Merino in Hagonoy, Bulacan on June 26, 2006.

“The incumbent commanding general of the 7th Infantry Division and the incumbent battalion commander of the 24th Infantry Battalion, both of the Philippine Army, are enjoined to fully ensure the release of Sherlyn Cadapan, Karen Empeño and Manuel Merino from detention,” read the SC decision.

The SC said the CA was correct in upholding the testimony of Raymond Manalo, who claimed that he and his brother were detained with Cadapan, Empeño and Merino in Camp Tecson in San Miguel, Bulacan in 2006 until his escape.

It affirmed the writs of Amparo and habeas corpus compelling the military to release Cadapan, Empeño and Merino.

“Since the right to life, liberty and security of a person is at stake, the proceedings should not be delayed and execution of any decision thereon must be expedited as soon as possible since any form of delay, even for a day, may jeopardize the very rights that these writs seek to immediately protect,” read the SC decision.

Based on the CA ruling of Sept. 17, 2008, the SC cleared former President Gloria Macapagal-Arroyo, then Armed Forces chief Hermogenes Esperon Jr., then Army chief Romeo Tolentino and then Philippine National Police (PNP) chief Avelino Razon in the case.

SC directs DOJ, AFP, PNP to probe case

The SC directed the Department of Justice (DOJ), AFP and PNP to investigate and determine the criminal and administrative liabilities of respondents.

Being held accountable for the enforced disappearance are Palparan, Lt. Col. Rogelio Boac (commanding officer of the 56th Infantry Battalion), Lt. Col. Felipe Anotado (commanding officer of the 25th Infantry Battalion), 2Lt. Francis Mirabelle Samson, Arnel Enriquez and Donald Caigas (former officers of 7th Infantry Division and the 24th Infantry Battalion).

The DOJ has already started preliminary investigation on the case after the mothers of Cadapan and Empeño filed charges of arbitrary detention, serious physical injuries, maltreatment of prisoners, grave threats, grave coercion and rape against Palparan and at least six others last May 4.

The SC decision was promulgated last May 31 but released only over the weekend.

It was penned by Associate Justice Conchita Carpio-Morales, who retired last Friday.

Military: Not in our custody

Cadapan, Empeño and Merino are not in their custody, the military said yesterday.

However, Armed Forces spokesman Commodore Miguel Rodriguez said in a text message the military will look into the case.

“AFP (Armed Forces of the Philippines) investigation on this revealed that (the missing activists) are not in AFP custody,” he said.

Rodriguez said they want the case resolved since the unexplained disappearance of activists is affecting the entire military.

“AFP’s intent is to fully cooperate with any judicial process or investigating body so that this can be speedily resolved because the entire AFP suffers from the allegations of being involved in their disappearance,” he said.

Biazon: Military must comply

Muntinlupa Rep. Rodolfo Biazon said yesterday the military officials have no recourse but to comply with the SC order.

“The Armed Forces must comply with it, and I think this would be a matter of evidence or what kind of evidence that would be presented by the human rights bodies,” Biazon said.

“The issue here is that the bodies —if they are dead – must be produced, or the missing persons must be produced, the concerned military officials must be held accountable. That’s the name of the game.”

Biazon, a retired Armed Forces chief, is chairman of the House of Representatives committee on national defense and security.

Bayan Muna Rep. Teodoro Casiño said the Armed Forces “must immediately comply and surface” the missing student activists.

“This is a test for the AFP’s new, so-called human rights-based orientation,” he said.

The military leadership must stop coddling Palparan and his men whom the courts said were responsible for the disappearances, he added.

Deputy Speaker Lorenzo Tañada III welcomed the SC ruling but thought “it may be a little too late” as he assumed the missing were already dead.

“It may not bring the lives back of the two UP students,” he said.

“But hopefully, the military may be part of the solution to the disappearance of the students. We cannot allow impunity to continue.

“The current military leadership should help and be part of the solution and not maintain its ‘code of silence.’” – With Alexis Romero, Paolo Romero