MANILA, Philippines - Retired Army Maj. Gen. Jovito Palparan has appealed the decision of the Malolos Regional Trial Court (RTC) that junked his bid to stop his prosecution for the disappearance of University of the Philippines student activists Sherlyn Cadapan and Karen Empeño in 2006.
In a six-page motion, the fugitive former general, dubbed by his critics as “the butcher” of militants, has asked the Malolos RTC Branch 14 to reconsider its ruling last Jan. 2 that dismissed his omnibus motion seeking another preliminary investigation by the Department of Justice (DOJ) on the charges of kidnapping and illegal serious detention filed against him.
Palparan, who is still in hiding as of yesterday, reiterated his plea for the court to recall the arrest warrant and hold departure order it earlier issued against him.
Through lawyer Tricia Santos, he questioned the RTC’s ruling that he could not seek such relief until he surrenders and submits himself to the jurisdiction of the court.
“By filing the omnibus motion, the accused are seeking affirmative relief from this honorable court which in effect, placed them under its jurisdiction, sufficient for this honorable court to rule upon the same,” his counsel argued.
He told the court presided over by Judge Teodora Gonzales that the kidnapping and illegal serious detention charges were not the one for which he and his co-accused were investigated by the DOJ panel of prosecutors.
He again argued that they were only investigated for rape, serious physical injuries, arbitrary detention, maltreatment of prisoners, grave threats, grave coercion, violation of the International Covenant on Civil and Political Rights, Convention against Torture and other Cruel, Inhuman or Degrading Punishment.
He said that he submitted his counter-affidavit and evidence only in connection with these charges during the preliminary investigation.
Palparan said he was caught by surprise when he learned that the DOJ found probable cause to indict him for kidnapping and serious illegal detention.
He said the filing of the charges against him is a violation of the 1987 Constitution, which provides that “no person shall be held to answer for a criminal offense without due process of law.”
“In all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusations against him. The 1987 Constitution of the Philippines so proscribes,” he said.
Palparan added that the Revised Rules of Criminal Procedure also echoes the same constitutional prohibitions.
“Clearly, the rights of the accused to due process and to be informed of the nature and cause of the accusation against them were violated in the instant case. They were not given the opportunity to submit countervailing evidence to squarely refute the charge of kidnapping and serious illegal detention in violation of their rights to due process,” he said.
He said the filing of the information without the observance of due process can be considered as “persecution” rather than prosecution.
The government is offering a P1 million cash reward for any information leading to the arrest of Palparan.
No surrender
Palparan is not likely to surrender and will continue to challenge the arrest warrant issued against him, his lawyer said.
Defense lawyer Jesus Santos maintained that his client was innocent. Santos said the government should increase the P1-million reward for Palparan’s capture to help the families of the 19 soldiers killed by extremists in Mindanao.
“I think that’s a personal decision which he must do,” he said when asked if Palparan would yield to the authorities. “As a lawyer and as an individual, since there is a petition we filed in court to conduct the preliminary investigation because the arrest warrant was issued not in accordance with law, I think it is good to wait for whatever may be the decision of the Regional Trial Court of Bulacan.”
He also claimed that “many people love Jovito Palparan,” which could be the reason why he continues to be protected.
“As he is being hated by activists whom I think have not yet done something good for our country, many people love General Palparan,” Santos said.
He said Palparan served for several years as commander of the 24th Infantry Battalion in Central and Northern Luzon and continues to have many friends in the active service. He is tagged by leftist groups as responsible for the numerous killings and disappearances in areas where he was assigned.
Santos, 86, was the lawyer of former first gentleman Jose Miguel Arroyo when his wife Gloria Macapagal-Arroyo was still president.
He denied that the Arroyos have something to do with his taking the case of Palparan, one of the favorite generals of the former leader.
He said he was “hired” by Palparan’s family but added he has yet to personally meet Palparan, and only gets information through the fugitive’s relatives.
“I must accept cases that I believe should be defended and besides, Gen. Palparan helped us in our campaign against illegal logging when he was commander in Central Luzon way back 1984 to 1987. That’s why the people of Bulacan love him,” Santos said.
“Had it not been for his help, the watershed in Angat Dam would have been denuded,” he said.
He lamented that despite all the good things Palparan did for the country, he is now being hunted down like a criminal.
“He is now being persecuted by a government, to which as a soldier, he has selflessly risked his life and his family for our country,” Santos said.
“What we are seeking here is not mercy, but justice,” he added. – With Paolo Romero