Army won’t heed court order to yield Kapunan

Ret. Lieutenant Colonel Eduardo “Red” Kapunan. INQUIRER FILE PHOTO

Despite an Antipolo court’s order, the military on Tuesday failed to transfer retired Lt. Col. Eduardo “Red” Kapunan Jr. to the Rizal Provincial Jail from the Philippine Army Intelligence Security Group office in Fort Bonifacio, Taguig City, where he is currently detained.

Kapunan is one of 13 suspects in the killing of labor leader Rolando Olalia and the latter’s driver, Leonor Alay-ay, whose mutilated remains were found in Antipolo City on Nov. 13, 1986.

Antipolo RTC Branch 98 Presiding Judge Ma. Consejo-Gengos Ignalaga issued an order Monday afternoon for Kapunan’s transfer to the provincial jail in Tikling, Rizal.

On Tuesday morning, however, the Philippine Army notified the court it did not deliver Kapunan to the jail because his lawyers had appealed the transfer order.

Army spokesperson Maj. Harold Cabunoc said the military was waiting for the court to resolve the motion filed by Kapunan’s lawyers before it would turn him over to the Rizal Provincial Jail.

Cabunoc said the Army’s Intelligence Service Group, through its legal officer lawyer Alex Popanes, received on Monday a copy of Ignalaga’s order just as it “was about to transfer accused” Kapunan.

Cabunoc cited Rule 52 of the Revised Rules of Court, which states that the “pendency of a motion for reconsideration filed on time shall stay the execution of the judgment sought to be reconsidered unless the court, for good reason, shall direct otherwise.”

Edre Olalia, counsel for the Olalia family and a cousin of the slain labor leader, slammed the Army’s seeming reluctance to transfer Kapunan.

“The Army’s noncompliance with a categorical and unqualified order of the court is not unexpected. They have done it before. They are not only defying a lawful order, but this is inconsistent with their earlier public claims that they would comply,” Olalia said in a text message.

Ignalaga ordered Kapunan moved to a civilian detention facility since he was retired.

“Since Kapunan is no longer in the active service as an officer of the Armed Forces of the Philippines, the military does not have jurisdiction over him. Thus, his immediate transfer to a civilian detention facility is necessary,” wrote Ignalaga in her order which was seen by the Inquirer.

The judge said the Rizal Provincial Jail was the best place to hold Kapunan.

“In the view of this court, the detention facility, which is within its territorial jurisdiction, can adequately address the security concerns and medical needs of Kapunan,” she had said.

In earlier hearings and pleadings filed in the court, other possible places of detention—the Antipolo City Jail and the National Bureau of Investigation—said their facilities were inadequate for Kapunan’s medical needs.

In his urgent motion for reconsideration, Kapunan reiterated that the Rizal Provincial Jail’s facilities were inadequate to meet his medical needs because he was suffering from heart disease and diabetes.

He also said that he and his family had been receiving death threats and he believed security at the jail would not be sufficient to protect him.

“Kapunan thus begs the court to reconsider its decision,” the appeal read.

Also on Tuesday, the court received pleadings from the Philippine Army, Rizal Provincial Jail and NBI.

In its filing, the Army said it had received Kapunan’s appeal and was awaiting further orders from the court.

Edre Olalia criticized the Army for disregarding the court order.

“Why should they dribble the transfer on the pretext of a motion of an accused that they are not supposed to be representing? A motion by a private individual cannot be invoked by the military to not comply,” he said.

The Rizal Provincial Jail, for its part, informed the court it had not received Kapunan from the military.

But the jail management added that it could not accommodate Kapunan, considered a high-risk inmate, and suggested that he be brought instead to Camp Bagong Diwa in Bicutan, Taguig City, where security was tighter.