Fugitive Palparan asks appeals court to stop his trial
Jovito Palparan Jr. INQUIRER FILE PHOTO
MANILA, Philippines—Retired Army General Jovito Palparan Jr. asked the Court of Appeals to stop the Bulacan Regional Trial Court from proceeding with his trial in connection with his alleged involvement in the disappearance of two University of the Philippines students six years ago.
In a 14-page petition, Palparan, together with co-accused retired Master Sergeant Rizal Hilario of the 24th Infantry Battalion, urged the appeals court to issue a temporary restraining order against the Bulacan court.
The two questioned the April omnibus order issued by Bulacan RTC Branch 14 Judge Teodora Gonzales, which was affirmed in July that ordered their arrest and issuance of a hold departure order after finding probable cause in the case of kidnapping and serious illegal detention of Sherlyn Cadapan and Karen Empeno.
They told the CA that the order should be nullified and that it should order the Department of Justice to conduct another preliminary investigation.
The petitioners said the DOJ did not conduct an investigation on allegations of kidnapping and serious illegal detention. They said the DOJ investigation was for rape, serious physical injuries, arbitrary detention, grave threat and other charges, which were filed by mothers of the two students.
“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,” their petition stated.
Petitioners said allowing this violation of due process to proceed would cause then “irreparable injury considering that all the might and resources of the government are being used against them.”
Palparan is included in the Big Five most wanted men in the country with a P2-million reward for his arrest.
Aside from Palparan and Hilario, their other co-accused include Army Staff Sergeant Edgardo Osorio, Lieutenant Colonel Felipe Anotado of the 25th infantry battalion. Both have surrendered after the court ordered their arrest.
