Court refuses to rule on move to put Palparan on regular jail

Retired Army Maj. Gen. Jovito Palparan. FILE PHOTO

MANILA, Philippines—The Malolos Regional Trial Court has refused to rule on the move of private prosecutors to transfer retired General Jovito Palparan from military custody to a regular jail.

Lawyer Edre Olalia, counsel for the families of missing University of the Philippines (UP) Karen Empeno and Sheryn Cadapan, said government prosecutors has not conformed their motion for Palparan’s transfer.

Under the rules, the public prosecutor has to conform to the private prosecutor’s motion before the court can act on it.

“DOJ prosecutor supports Palparan’s continuing special treatment at Army headquarters. They still refuse to conform to the motion of private prosecutors seeking transfer of detention to a BJMP facility,” Bayan Secretary General Renato Reyes said.

But Assistant State Prosecutor Juan Pedro Navera who is handling the case said Palparan has credible threats to his life which is why they opted not to join the motion filed by the private prosecutor.

“We did not join the private prosecutor’s motion because of valid and credible threats to retired general Palparan. Our main concern now is to present our eyewitnesses against him and to oppose the petition for bail,” Navera said when reached for comment.

Palparan is currently detained at the Army Custodial Center in Fort Bonifacio after the Malolos, Bulacan RTC Branch 14 Judge Teodora Gonzales granted Palparan’s request for transfer of detention from the Bulacan Provincial Jail last month.

The court cited the security of the retired general and the inmates at the provincial jail in her decision to allow the transfer.

Palparan’s lawyer, Narzal Mallares earlier cited an intelligence report from the Philippine Army showing that the New Peoples’ Army had allegedly mobilized a hit squad to “eliminate” Palparan. He also said that several NPA members were also detained at the provincial jail, thereby heightening the risk to his client.

It will be recalled that Palparan initially appealed to the court to transfer his detention from the provincial jail to the Intelligence Service of the Armed Forces of the Philippines headquarters in Camp Aguinaldo or the Philippine National Police Custodial Center in Camp Crame.

But he changed his mind and sought detention at the Army Custodial Center instead.

Navera said that despite this, the public prosecutors share their effort to get justice for Palparan’s alleged victims.

“On this score, the public and private prosecutors are one,” he added.

The private prosecution team belonged to the National Union of People’s Lawyer (NUPL) headed by lawyer Edre Olalia.

In their motion, the NUPL said they were told by Judge Gonzales that the court would not act on it unless the DOJ prosecutors will give their conformity.

Palparan is facing the criminal charges for the abduction of UP student-activists Sherlyn Cadapan and Karen Empeno in 2006.

He was the commanding general of the Army’s 7th Infantry Division at the time of the abduction.

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