Court denies Palparan transfer to regular jail
October 20, 2014 | 1:02pm
MANILA, Philippines - A Bulacan court on Monday effectively denied the request of the prosecutors to transfer retired Maj. Gen. Jovito Palparan to a regular detention cell from the Army headquarters in Fort Bonifacio in Makati City.
The Malolos Regional Trial Court did not act on the motion of private prosecutors from the National Union of People's Lawyers (NULP) to detain Palparan in a facility controlled by the Bureau of Jail Management and Penology due to absence of a conforme from the Department of Justice.
The NULP legal counsels want Palparan be detained in a regular jail while the serious illegal detention and kidnapping case in connection with the two missing University of the Philippines students - Karen Empeno and Sherlyn Cadapan-- against him is being heard by the court.
With this development, lawyer Edre Olalia of the NULP said the private prosecutors are seriously considering elevating their plea to a higher court.
"It it very unfortunate that the DOJ could not give its conforme to a reasonable request of detaining a former military officer to a regular jail," Olalia said, adding it is the position of the private lawyers of the families of the UP students that a conforme is only required for matters of criminal liability.
During the hearing at the Malolos court, the defense lawyers also asked the judge to allow their client to post bail.
Olalia said it is the matter of discretion of the court if it will grant the petition for bail by Palparan.
"We believe that the case and the evidence against Palparan is strong. Paano magiging weak eh tatlong taon syang nagtago? At marami kaming eyewitness against him," he added.
The court has set the hearing for bail and trial proper of the case on December 8.
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