Jovito Palparan Jr. INQUIRER FILE PHOTO
After the Court of Appeals denied the petition of fugitive retired general Jovito Palparan and his aide questioning their Bulacan court trial in connection with the disappearance of two University of the Philippines coeds, their lawyers have filed a petition with the appellate court to stop the proceedings, claiming that their clients were victims of “persecution, not prosecution.”
In a petition filed last Oct. 24, the lawyers of Palparan and his military aide, Rizal Hilario, sought a review of the rulings issued by Bulacan Judge Teodora Gonzales which, they alleged, were done with “grave abuse of discretion amounting to lack of or in excess of jurisdiction.”
They asked the appellate court to review the orders of the Bulacan court and grant their request for a temporary restraining order against the lower court and for the latter not to continue with the proceedings pending resolution of the case.
Reversal of rulings eyed
They asked that the appellate court reverse and set aside Gonzales’ three rulings and then order a preliminary investigation on the kidnapping and serious illegal detention cases against their clients. They also sought the arrest order and hold departure order against
Palparan and Hilario to be quashed.
Only a week before, the appellate court threw out the petition of lawyer Narzal Mallares et al asking that they be given until Oct. 25 to question the prosecution of their clients in connection with the disappearance of UP students Karen Empeño and Sherlyn Cadapan.
Contradicting charges
In their latest petition, the lawyers said they were questioning the trial because their clients were charged with kidnapping and serious illegal detention when they were being investigated by a Department of Justice panel “for charges of rape, serious physical injuries, arbitrary detention, maltreatment of prisoners, grave threats, grave coercion, violation of Republic Act No. 7438, violation of the International Covenant on Civil and Political Rights, and the Convention against Torture and other Cruel, Inhuman or Degrading Punishment.”
They said the Bulacan court had denied their petition to stop the proceedings and quash the arrest warrants against their clients.
They also said the Bulacan court had no jurisdiction over the two men because they were both at large.
“Clearly, the right of the petitioners to due process and to be informed of the nature and cause of the accusation against them were violated,” the lawyers said, pointing out as well that their clients were not even given the chance to submit evidence against the charges filed against them.
“Kidnapping and serious illegal detention is a capital offense, which makes it even more imperative that petitioners be given an opportunity to present their defenses directly addressing the accusations,” the lawyers said.
The lawyers said the only recourse of their clients was to go to the appellate court because the Bulacan court had barred them from participating.
The lawyers contended that the filing of the criminal cases against their clients without due process “smacks and reeks of persecution rather than prosecution.”
“With due respect, it is as if the prosecution has been given unqualified marching orders to pursue the instant cases against the petitioners in consonance with the present administration’s mission to persecute alleged supporters of the past administration,” they said.
Palparan is alleged to be close to former President and now Pampanga Rep. Gloria Macapagal-Arroyo. Christine O. Avendaño