DOJ starts probe into 2 missing UP students

MANILA, Philippines - The Department of Justice (DOJ) has started its preliminary investigation on the criminal charges against retired Army major general Jovito Palparan for the alleged enforced disappearance of two University of the Philippines student-activists five years ago.

In Department Order 457, Secretary Leila de Lima created a three-person panel to determine if there exists probable cause in the complaint filed last May 4 by the mothers of Sherlyn Cadapan and Karen Empeño accusing Palparan and at least six others of the crimes of arbitrary detention, serious physical injuries, maltreatment of prisoners, grave threats, grave coercion and rape.

She named Assistant State Prosecutor Juan Pedro Navera as chair of the panel with Assistant State Prosecutors Irwin Maraya and Ethel Rea Suril as members.

Palparan has consistently denied any involvement in the disappearance of the two students. He was the former chief of the Army’s 7th Infantry Division that was purportedly responsible for the abduction of Cadapan and Empeño in Hagonoy, Bulacan on June 26, 2006.

Other respondents were Lt. Col. Rogelio Boac (commanding officer of the 56th Infantry Battalion), Lt. Col. Felipe Anotado (commanding officer of the 25th IB), 2Lt. Francis Mirabelle Samson, Arnel Enriquez, M/Sgt. Rizal Hilario, and other unidentified persons.

Aside from the six charges, they were also accused of violating RA 7438, which defines the rights of persons under arrest and detention, the International Covenant on Civil and Political Rights, and the Convention Against Torture, and other Cruel, Inhuman or Degrading Treatment or Punishment.

In their 14-page affidavit, the mothers – Erlinda Cadapan and Concepcion Empeño – accused Palparan and his subordinates of conspiracy over the alleged illegal detention, torture and rape of Sherlyn and Karen.

“While the abduction of Sherlyn and Karen were carried out by the unnamed elements of the 56th Infantry Battalion of the Philippine Army, it was clearly established that they were detained under the custody of the 24th Infantry Battalion and were tortured and raped,” read the complaint.

The complainants submitted to the DOJ eight affidavits of witnesses who either saw the abduction or were detained with Cadapan and Empeño at the 56th IB headquarters in the village of Iba in Hagonoy, Bulacan.