The recent Supreme Court decision affirming the writ of amparo for two missing UP students bolsters the criminal complaint against Maj. Gen. Jovito Palparan and five other identified suspects for the disappearance and torture of the students, said the National Union of Peoples’ Lawyers (NUPL).
NUPL, counsel for the mothers of missing UP students Karen Empeno and Sherlyn Cadapan, said in a statement, “The SC ruled that Palparan had personal participation in the abduction of Karen and Sherlyn. In fact the court has identified him and his cohorts as personally liable for the disappearance of Karen and Sherlyn, and had ordered them to cause their release.”
The NUPL referred to the SC decision dated May 31, 2011, penned by retired Justice Conchita Carpio Morales, affirming that Palparan, Lt. Col. Felipe Anotado, Lt. Col. Rogelio Boac, 2Lt. Francis Mirabelle Samson, M/Sgt. Donald Caigas, and Arnel Enriquez must immediately release Cadapan and Empeno.
“By pointing to them as the persons liable for the disappearance of the two students, the Court itself gave credence to the charge of arbitrary detention of the two students against Palparan et al. The SC thus submitted ‘probable cause’ in the criminal case against the accused,” said NUPL assistant secretary general for legal services Atty. Ephraim Cortez.
Probable cause is the standard by which a person may be arrested. It means that the facts or evidence point to a particular person who committed a specific crime.
Testimony of Manalo remains unshaken
Atty. Cortez said that the SC also validated the credibility of the testimony of Raymond Manalo, who is one of the witnesses in the criminal case against Palparan.
“The testimony of Manalo, which the Court said was forthright, consistent and credible, will be the tough backbone of the criminal charges. It has been unshaken so far even by malicious aspersions,” said Atty. Cortez. The NUPL will present at least six of the same witnesses from the writ of amparo petition, in the criminal case. The testimonies in totality confirm that the military has custody of Karen and Sherlyn.
The criminal charges against Palparan et al are for arbitrary detention, serious physical injuries, torture, and violation of the law on the rights of prisoners. Certain Mickey, Donald and Billy Does were also alleged as the ones who raped Sherlyn. also impleaded M/Sgt. Rizal Hilario and several John and Jane Does from the 24th and 56th Infantry Battalion, and the 7th Infantry Division were also impleaded by Erlinda Cadapan and Concepcion Empeno, who filed the charges last May.
“Palparan’s denial of any of the allegations should be treated as simple yet puerile defenses, not exemption from criminal charges. His arrest is imminent,” said Atty. Cortez. The mothers and NUPL are awaiting the notice of preliminary investigation, where prosecutors will determine probable cause and thereafter issue a warrant of arrest.
Writ of amparo is immediately executory
The SC also ordered the incumbent commanding generals of the 7th Infantry Division and the 24th Infantry Battalion to produce the students, along with farmer Manuel Merino. In the definitive ruling, the SC further stated that a writ of amparo is immediately executory, “otherwise it will defeat the purpose of the writ.”
The NUPL called on the commanding general of the 7th Infantry Division, Maj. Gen Juanito P. Lopez, to fully cooperate in the continuing search for the missing persons.
“The SC decision clearly and forcefully directs the military to release or at least point us to where Karen, Sherlyn and Manuel are. President Noynoy Aquino as the commander-in-chief of the Armed Forces of the Philippines (AFP) should heed this order,” said Atty. Cortez.
Command responsibility
NUPL however lamented the decision for clearing former President Gloria Macapagal-Arroyo, former AFP chief of staff Gen. Hermogenes Esperon, former police director general Gen. Avelino Razon, and Gen. Romeo Tolentino from liability.
“The assertion of NUPL is that Mrs. Arroyo personally knew, and could have prevented the disappearance of Karen and Sherlyn because of her administration’s policy Oplan Bantay Laya. She and her generals tacitly knew, approved, tolerated, supervised, managed, induced and/or ordered the operations which has resulted in the disappearance of hundreds of civilians,” said NUPL secretary-general Atty. Edre U. Olalia.
NUPL asserts that Oplan Bantay Laya, the past administration’s counter-insurgency program, is the framework of the huge number of extra judicial killings, enforced disappearances and other unsolved human rights violations.
“The disappearance and torture of Karen, Sherlyn and Manuel were human rights violations perpetrated by foot soldiers and policemen under Arroyo’s aggressive counter-insurgency policy. We do not implead Arroyo simply based on command responsibility,” said Olalia.
Appeal for dignity and justice
Atty. Sandra Jill Santos, a UP Law graduate who was a contemporary and friend of Sherlyn and co-counsel in the criminal case, said “We will exhaust all avenues to make the perpetrators accountable. They have caused enough pain to the families of the Karen and Sherlyn, and countless others who disappeared during General Palparan’s ‘reign of terror’. Various reports have shown that he continued to tyrannize human rights defenders even after retiring. The perpetrators must be put behind bars so that justice may be served.”
“After five years of agonized searching, it is time to give the families and friends of the missing, dignity and justice,” she said. The UP community will mark the fifth year of their disappearance on Sunday, 26 June 2011.
NUPL is also the counsel of other victims of human rights violations, such as the 43 health workers illegally arrested in Morong, Rizal last year, and Fil-Am activist Melissa Roxas who was arrested in 2009 and later released. It also calls on other victims to file counter-charges in a bid to stop impunity. -30- NUPL NATIONAL SECRETARIAT
