Conviction affirmed: Palparan ineligible for parole

MANILA, Philippines — The Court of Appeals (CA) has affirmed the conviction of retired Army Maj. Gen. Jovito Palparan Jr. and two military officials for kidnapping and serious illegal detention over the disappearance of two University of the Philippines (UP) students, although it modified the penalty handed down by a lower court.

Instead of reclusion perpetua, as imposed by the Malolos City Regional Trial Court in 2018, the appellate court changed it to reclusion perpetua without eligibility for parole.

“Applying Article 63216 of the RPC (Revised Penal Code), considering that the aggravating circumstances of taking advantage of nighttime and use of a motor vehicle were alleged in the two informations and proven during trial, the penalty imposed should be death. However, with the prohibition on the imposition of the death penalty, the penalty must be reclusion perpetua without eligibility for parole,” it said.

In a decision promulgated on May 31, the appellate court also imposed a 6-percent annual interest on the P300,000 civil indemnity and moral damages to be paid to the families of UP students Karen Empeño and Sherlyn Cadapan from the date of finality of the decision until full payment.

Aside from Palparan, also convicted were Lt. Col. Felipe Anotado and Staff Sgt. Edgardo Osorio.

Credible witnesses

In a 61-page ruling written by Associate Justice Angelene Mary Quimpo-Sale, the appellate court’s First Division said that all the elements of kidnapping and serious illegal detention were present in the two cases.

It added that the testimonies of prosecution witnesses Raymond Manalo and Wilfredo Ramos Jr. were “credible, clear and categorical.”

“These prosecution witnesses were also detainees themselves who saw and got to know the two victims Sherlyn and Karen when they were in various military camps and detachments in Nueva Ecija, Bulacan, Bataan and Zambales,” it said.

“The details in their testimonies prove that they actually saw the victims and that they got acquainted with them. These witnesses, particularly Raymond Manalo, testified lengthily on direct and cross-examinations. When subjected to rigorous cross-examination, their testimonies remained clear and consistent,” it noted.

Palparan and his co-accused can still elevate their case to the Supreme Court.

The victims were seized by gunmen from their rented house in Hagonoy town, Bulacan province, on June 26, 2006.

Empeño, then 22, was a sociology student doing research on the plight of Bulacan farmers while Cadapan, 29, was a human kinetics student and community organizer for the farmers’ group, Alyansang Magbubukid ng Bulacan. She was reportedly two months pregnant. Their bodies have yet to be found to this day.

Palparan, who was dubbed “The Butcher” by human rights activists because of the killings of rights advocates wherever he was assigned, retired from the Armed Forces in 2006.

Rare victory

He and the other accused were charged in May 2011 by the mothers of the victims with torture and rape, serious physical injuries, arbitrary detention, maltreatment of prisoners, grave threats, and coercion in the Department of Justice.

Rights advocates welcomed the Court of Appeals’ affirmation of Palparan’s conviction, calling it a “rare victory” for justice and accountability in a country with a culture of impunity.

In separate statements, Karapatan secretary general Cristina Palabay and National Union of Peoples’ Lawyers Edre Olalia said it was a boost to the calls of justice of other victims of similar crimes “as long as they persist.”

“We certainly need these affirmations that in time, one cannot get away with rights abuses just like that. Nor will enablers be able to obfuscate the truth and rescript the facts,” Olalia said.

—WITH REPORTS FROM INQUIRER RESEARCH AND KRIXIA SUBINGSUBING

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