MANILA, Philippines - Retired Army Gen. Jovito Palparan Jr. has petitioned the Court of Appeals (CA) to stop his indictment for his alleged involvement in the enforced disappearance of two University of the Philippines students six years ago.
In a 14-page petition filed by his lawyers recently, Palparan asked the appellate court to issue a temporary restraining order (TRO) enjoining a Bulacan regional trial court from proceeding with his trial.
Another accused, retired M/Sgt. Rizal Hilario of the Army’s 24th Infantry Battalion, joined Palparan in seeking relief from the CA.
They questioned the omnibus order issued last April and affirmed last July by Bulacan Regional Trial Court (RTC) Branch 14 Judge Teodora Gonzales, which upheld the issuance of the warrant of arrest and hold departure order against Palparan and finding of probable cause to indict him for kidnapping and serious illegal detention of UP activists Sherlyn Cadapan and Karen Empeño.
They asked the CA to nullify the ruling of the RTC and order another preliminary investigation by the Department of Justice.
Petitioners insisted that they was deprived of due process because they were investigated by the Department of Justice (DOJ) for rape, serious physical injuries, arbitrary detention, grave threat and other charges filed by mothers of Cadapan and Empeño, which did not include kidnapping and serious illegal detention.
They alleged that indictment in court therefore was in violation of Article III Section 14 (1) of the Constitution and Section 1 (b), Rule 115 of the Revised Rules of Criminal Procedure.
“Clearly the right of petitioners to due process and to be informed of the nature and cause of the accusation against them were violated.
“They were not given an opportunity to submit countervailing evidence to squarely refute the charge of kidnapping and serious illegal detention in violation of their right to due process,” the defense lawyers said.
Petitioners said allowing this violation of due process to proceed would cause “irreparable injury considering that all the might and resources of the government are being used against them.”
The government had put up a P2-million reward for the arrest of Palparan.
The DOJ had placed Palparan and four other high-profile fugitives dubbed as Big 5 on the priority list of law enforcement agencies.
They include former Palawan governor Joel Reyes, his brother ex-Coron mayor Mario Reyes, former Dinagat Island Rep. Ruben Ecleo Jr. and real estate businessman Delfin Lee of Globe Asiatique Realty Holdings Corp.
Palparan and Hilario were indicted by the DOJ in December last year along with two other accused, Army Staff Sergeant Edgardo Osorio and Lt. Col. Felipe Anotado of the 25th Infantry Battalion, who surrendered a few days after the RTC ordered their arrest.
The investigating DOJ panel chaired by Assistant State Prosecutor Juan Pedro Navera gave weight to the testimonies of witnesses who were “able to establish that Sherlyn and Karen were kidnapped on June 26, 2006 and were last seen by Raymond Manalo detained up to June 2007.”
The DOJ said Palparan had a direct hand in the detention of Cadapan and Empeño and that “through his men, he had knowledge and control of the places where the women were held.”