DOJ indicts Palparan

MANILA, Philippines - The Department of Justice (DOJ) yesterday indicted retired Army Maj. Gen. Jovito Palparan and three others for their alleged involvement in the disappearance of University of the Philippines student – activists Sherlyn Cadapan and Karen Empeño in 2006.

In a 36-page resolution, the investigating panel chaired by Assistant State Prosecutor Juan Pedro Navera said there was probable cause to file two counts of kidnapping and serious illegal detention against Palparan, Army Staff Sergeant Edgardo Osorio, Lt. Col. Felipe Anotado of the 25th Infantry Battalion (IB) and retired M/Sgt. Rizal Hilario of the 24th IB.

The DOJ filed the case against the respondents with the Malolos, Bulacan regional trial court yesterday. However, it dismissed the other charges of rape, serious physical injuries, grave coercion and grave threats, maltreatment of prisoners, arbitrary detention and violation of the International Covenant on Civil and Political Rights and Convention Against Torture.

The other respondents – Lt. Col. Rogelio Boac (commanding officer of the 56th IB), 2nd Lt. Francis Mirabelle Samson, and retired M/Sgt. Donald Caigas (24th IB), Army Staff Sergeant Edgardo Osorio, Lt. Col. Rogelio Boac (commanding officer of the 56th IB), Lt. Col. Felipe Anotado (commanding officer of the 25th IB), 2nd Lt. Francis Mirabelle Samson, retired M/Sgt. Rizal Hilario, and retired M/Sgt. Donald Caigas (24th IB) – were cleared of the charges.

The DOJ 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 around June 2007.”

“Palparan had a direct hand in the detention of Sherlyn and Karen and that through his men, he had knowledge and control of the places where the women were held,” the DOJ said.

Manalo, a farmer who was also kidnapped by the military, and testified in the amparo and habeas corpus cases in the Court of Appeals (CA) in 2008, had said he witnessed several men abusing the students, including the use of water torture and electric shocks on Cadapan.

The eyewitness said he also saw Manuel Merino, who was kidnapped with the two students, being burned to death. In its 2007 ruling, the CA said Manalo’s testimony was “clear, consistent and convincing” as it ordered the military to produce the bodies of the students.

“Raymond’s testimony of respondent Palparan’s visit and threat is credible and positive. It cannot be casually dismissed by Palparan’s terse denials,” the DOJ panel said.

The DOJ added that Anotado’s knowledge of the illegal detention was “established by his visit to Limay, Bataan and his conversation with the victims,” citing Manalo’s testimony.

As for Hilario, the DOJ said he was the one who allegedly kidnapped Manalo and was seen in the two UP students’ place of detention, “thus laying the basis for charging him as co-conspirator in the kidnapping of the two women.”

Meanwhile, Osorio was identified during the June 19 hearing by witness Wilfredo Ramos as “one of the armed men who took Sherlyn and Karen.”

The panel dismissed as alibi his claim that he was working at the Army personnel management center at that time of the kidnapping since it did not prove that he was not present where it happened.

The DOJ added that the respondents had acted “outside their oaths of office.”

Palparan meanwhile maintained that he is innocent of the charges, saying there is no evidence showing his direct participation in the charges that he had branded as “fishing expedition.”

The military also insisted that it does not have Cadapan, Empeño, and Merino under its custody.

Cadapan, Empeño, and Merino were abducted by suspected military men in Hagonoy, Bulacan on suspicion they were members of the New People’s Army, the armed wing of the Communist Party of the Philippines.