AFP not backing ex-generals on Palparan

Fugitive Retired Army Major General Jovito Palparan Jr. INQUIRER FILE PHOTO

The Armed Forces of the Philippines (AFP) on Thursday distanced itself from the statement of support for fugitive retired Army Major General Jovito Palparan Jr. issued by an organization of past and present military and police generals, saying it was not the AFP’s policy to coddle wanted persons.

Military public affairs chief Colonel Arnulfo Marcelo Burgos Jr. said the Association of General and Flag Officers Inc. (Agfo), which on Wednesday called for a stop to what it called Palparan’s “trial by publicity,” was an independent entity.

A lawyers’ group scoffed at the Agfo’s protests at Palparan being tried in the media even before he is convicted.

The National Union of People’s Lawyers (NUPL) said they and the mothers of Sherlyn Cadapan and Karen Empeño, had patiently gone through all the legal and judicial proceedings to get Palparan charged before a court, and were now looking forward to his trial.

“There’s no trial by publicity. Precisely we want him to get arrested and face the charges, and let the trial proceed. Precisely we filed this case and went through the dangerous, rigorous and tedious legal process of collating our evidence comprehensively, convincing witnesses to come out in the open,” said Edre Olalia, secretary general of NUPL that will help in the prosecution of the case.

Burgos said the Agfo statement should not be interpreted as representative of the AFP’s position, and that the AFP had no intention of protecting Palparan from the workings of the justice system.

“It is not a policy of the AFP to tolerate our personnel committing violations of law or coddle any individual wanted by law… We always uphold the rule of law and believe in the justice system,” he told reporters.

Burgos stressed that Palparan, as a retired officer and private citizen, was no longer under the jurisdiction of the AFP, hence, the military would not interfere in his case.

Troops’ morale high

Burgos also dismissed suggestions that the manhunt for Palparan and perceptions of unfair treatment by those sympathizing with him could lead to demoralization in the Armed Forces.

“The morale of the troops remains high… Our commanders are always in touch with the troops… Our chief of staff [has been making the rounds] just to make sure that the state of morale of troops is high,” Burgos said.

Agfo, led by its chairman and president retired Lieutenant General Raul Urgello, a former Army commanding general, said it was “disturbed by the exploitation of the case of General Palparan, who has not yet been convicted by any court of law.”

It also denounced his portrayal in the media as a “serial murderer” and a “berdugo (executioner)” based only on evidence that has not been scrutinized in any court proceeding.

Earlier this month, the Malolos Regional Trial Court in Bulacan issued warrants for the arrest of Palparan and three Army soldiers in connection with their alleged involvement in the disappearance of two University of the Philippines student activists five years ago.

Palparan, retired M/Sgt. Rizal Hilario, Lt. Col. Felipe Anotado and S/Sgt. Edgardo Osorio are charged with kidnapping and detaining Cadapan and Empeño, who disappeared in Hagonoy, Bulacan, in 2006 and have not been seen since.

Anotado and Osorio surrendered to authorities a day after the court issued the arrest warrant while Palparan and Hilario have gone into hiding.

Monitoring in Zamboanga Sur

Police and civilian officials in Zamboanga del Sur were Thursday reported to be monitoring Palparan’s presence in the province amid reports that he might try to seek refuge there.

According to Governor Antonio Cerilles, Palparan’s family operates a security agency in the province.

The security agency, Bente Kwatro Oras, works for the Bayog 9 Metals mining firm and maintains an office in Pagadian City.

Cerilles said before he disappeared, Palparan had repeatedly visited the province. The latest visit was about four months ago, he said.

“But we have not seen him in Zamboanga del Sur recently,” Cerilles said.

Bayog Mayor Leonardo Babasa Jr. said he had given instructions for authorities to monitor the presence of Palparan in the mining area of Conacon, where Bayog 9 Metals operate.

“We will immediately inform the police if he is seen there. He has been declared an outlaw and we don’t want to be accused of coddling a wanted person,” Babasa said.

But Chief Superintendent Mario Yanga, officer in charge of the Western Mindanao police office, said that as of Thursday, the Zamboanga del Sur police has not seen any sign of Palparan’s presence in the province.

He said the fugitive would be immediately arrested if he shows up there, adding that the manhunt for Palparan had become nationwide, in accordance with instructions issued by PNP Chief Director General Nicanor Bartolome.

Controversial transfer

Burgos meanwhile pointed out that it was not the AFP that had made the request for the now controversial transfer of Anotado and Osorio from the Bulacan provincial jail to Army headquarters in Fort Bonifacio, Taguig.

“We did not make the request. The accused (Anotado and Osorio) exercised their right to ask for a transfer and we just implemented and followed the rule of court,” he said.

The request was granted by Malolos Judge Teodora Gonzales.

Army spokesperson Major Harold Cabunoc said in a text message the transfer was based on a manifestation from the warden of the Bulacan provincial jail that the two high-profile detainees could not be accommodated in the understaffed and crowded jail.

No special treatment would be accorded the accused, Burgos said.

Following the rules

“We waited for several months for the preliminary investigation to be concluded. All we’re asking is that we follow the process and the rules because we want to establish in a court of law by evidence and facts, in addition to what is in the minds of the people, that they should be held accountable, so there will be no iota of doubt if there is conclusive finding about accountability,” Olalia added.

Olalia said Palparan was actually “fortunate” because he was charged in court, and would be accorded his rights, unlike the victims of human rights violations.

“His rights will be respected and there will be a full-blown trial, something that, based on various credible reports and testimonies, was brazenly denied many victims of human rights violations,” he said.

A Malacañang spokesperson on Thursday said it couldn’t be helped that Palparan would suffer trial by publicity after he tried to flee the country.

“[He] tried to run away so this couldn’t be prevented. It’s not because this is being made to be highly publicized or highly sensational but it couldn’t be prevented from landing in the papers, especially if a prominent person tries to run away from facing the charges against him,” said deputy presidential spokesperson Abigail Valte.

After the Department of Justice recommended the filing of charges against him, Palparan tried to fly to Singapore through the Clark international airport in Pampanga, but was stopped by immigration agents. The next day, the Malolos court issued the warrant for his arrest. He has sent surrender feelers to the authorities, but has yet to make good on these.

Hearing on Monday

The Malolos court has scheduled a Monday hearing of an omnibus motion filed by Palparan, Anotado and Osorio, asking for a new preliminary investigation, recall of the warrants and hold-departure order and suspension of the proceedings.

The NUPL and state prosecutors will oppose the omnibus motion as well as the court’s order transferring Anotado and Osorio to Fort Bonifacio for being without basis, Olalia said. With reports from Norman Bordadora and Julie Alipala, Inquirer Mindanao

Originally posted at 03:52 pm | Thursday, December 29, 2011