Jovito Palparan Jr. INQUIRER FILE PHOTO
MANILA, Philippines – A bid by retired Army General Jovito Palparan to have his warrant of arrest and hold departure order recalled and criminal proceedings against him suspended were dismissed Friday by a local court.
In a nine-page order, Bulacan regional trial court Branch 14, through Judge Teodora Gonzales, said Palparan, along with co-accused Master Sergeant Rizal Hilario and Staff Sergeant Edgardo Osorio, could not claim that he was deprived due process when the kidnapping and serious illegal detention case was filed against him over the disappearance of University of the Philippines students Karen Empeno and Sherlyn Cadapan in 2006.
The court said, a reading of the complaints showed that not only were Palparan and his co-accused investigated by the Department of Justice but they have also submitted their counter-affidavits in response to the complaints against them.
“From the complaints and affidavits, the accused were afforded due process and were properly informed of the nature and cause of the accusations against them,” the court said.
“With the filing of their respective counter-affidavit and rejoinder affidavits, the accused answered the allegations imputed against them. Thus, it cannot be said that they were denied of their rights to be informed of the nature and cause of accusations against them,” the court added.
Palparan and Hilario have been at large since a warrant of arrest was issued against them on Dec. 19, 2011.
In the same order, the court junked the appeal of the prosecutors regarding the issue of the propriety of the court’s order transferring the custody of Lieutenant Colonel Felipe Anotado and Osorio.
Meanwhile, National Union of People’s Lawyers (NUPL) panel of private prosecutors led by Edre Olalia “welcomed the court’s order as it basically sustains our position all along and is in accord with the law and jurisprudence.”
But Olalia said they would study whether to appeal anew the ruling on the continued detention in the Army of the two accused.
“The government must deliver on fugitives pronto and dispel pervading views that it is inutile and even held by the military at the nose” Olalia said.