DoJ files kidnapping raps vs Palparan

MANILA, Philippines – The Department of Justice has recommended the filing of a kidnapping case against former Major General Jovito Palparan and several others for the abduction of missing students from the University of the Philippines.

In a 35-page resolution, the DoJ filed two counts of kidnapping and serious illegal detention for the disappearance of Sherlyn Cadapan and Karen Empeno.

Aside from Palparan also charged were Lieutenant Colonel Felipe Anotado, Master Sergeant Rizal Hilario and Senior Sergeant Edgardo Osorio.

Retired General and former Congressman Jovito Palparan Jr. INQUIRER FILE PHOTO

The DoJ, however, dismissed the complaint against Palparan and company for rape, serious physical injuries, maltreatment of prisoners, grave threats, grave coercion, violation of Republic Act 7438 or the Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation.

It also dismissed the allegation that the military officers violated the International Covenant on Civil and Political Rights and Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment because these were not penal statutes.

“The panel concluded that the kidnapping and serious illegal detention of Sherlyn and Karen were done by Philippine Army officers, enlisted personnel and other unindicted co-conspirators, who committed the acts not in relation to their office but in violation of “their sacred duty of protecting the people” and by acting “outside their oaths of office, thereby acting as if they are private individuals,” the DoJ panel of prosecutors said in their resolution approved by Prosecutor General Claro Arellano. They are Juan Pedro Navera, Irwin Maraya and Ethel Rea Suril.

The complainants are mothers of Sherlyn Karen Empeno who were abducted in 2006 along with farmer Manuel Merino for being suspected as members of the New People’s Army (NPA). They are all missing up to this day.

The DoJ used as basis the testimony of farmer Raymond Manalo, whose statement was taken in open court in 2008 during the habeas corpus proceedings at the Court of Appeals where he positively identified several of the abductors and torturers, as well as witnessed horrible acts of torture. Manalo was himself abducted in Bulacan in 2006, but eventually escaped.

Palparan earned the monicker “The Butcher” for his bloody record of extrajudicial killings and enforced disappearances.

With a report from Ricky Brozas