SC orders military: Release 3 activists

ACCOUNTABLE. Retired Maj.Gen Jovito Palparan was commander of the 7th Infantry Division during former President Gloria Arroyo’s reign, before he unsuccessfully ran for senator in 2010. Often labelled ‘berdugo or the butcher’ by activists, he is being held responsible by the Supreme Court for the abduction, torture and forced disappearances of two UP students and a farmer in Nueva Ecija. INQUIRER PHOTO/JOAN BONDOC

The Supreme Court has ordered the military to “immediately release” two University of the Philippines activists and a Bulacan farmer missing for five years, and named retired Maj. Gen. Jovito Palparan and five others as apparently responsible for their disappearance.

The high tribunal, in a decision posted on its website, also upheld the Court of Appeals’ ruling rejecting the inclusion of former President Gloria Macapagal-Arroyo in the case owing to her immunity from lawsuit at the time and the lack of any specific allegation linking her to the disappearances.

The case stemmed from the abduction on June 26, 2006, of University of the Philippines students Sherlyn Cadapan and Karen Empeño and Bulacan farmer Manuel Merino. They were abducted by armed men from Merino’s house in Hagonoy, Bulacan province.

They have not been heard from since and a witness, also a farmer, has claimed he saw them in a Bulacan military camp where they were allegedly tortured. Merino was supposedly later set on fire by his captors.

The mothers of the two UP students filed petitions with the Court of Appeals asking for help in locating their daughters. The case eventually went to the Supreme Court.

The Supreme Court decision, recently promulgated, was penned by Senior Associate Justice Conchita Carpio-Morales, who retired the other day.

Ruling modified

The high court’s ruling affirmed a 2008 decision by the appellate court ordering the Armed Forces of the Philippines to free the two students and the farmer.

But the high court modified the appellate court’s decision by ruling that the retired Palparan, as well as Lt. Col. Felipe Anotado, Lt. Col. Rogelio Boac, Lt. Francis Mirabelle Samson, Arnel Enriquez, and Donald Caigas, “shall remain impleaded in the petitions to answer for any responsibilities and/or accountabilities they may have incurred during their incumbencies.”

“The court finds that the appellate court erred when it did not specifically name the respondents that it found to be responsible for the abduction and continued detention of Sherlyn, Karen and Merino,” the tribunal said.

“For, from the records, it appears that the responsible and accountable individuals are Lt. Mirabelle, Gen. Palparan, Lt. Col. Boac, Arnel Enriquez and Donald Caigas.”

Hence, they should comply with the September 2008 decision of the appellate court “to immediately release Sherlyn, Karen and Merino,” the high court said.

Esperon, Razon, Tolentino

The high court sought to emphasize its order by spelling the words “immediately release” in capital letters.

Palparan and the others have repeatedly denied involvement in the abduction and disappearance of the UP students and of Merino. The military has also claimed that Enriquez and Caigas are not on its roster of soldiers.

The Supreme Court dismissed the petitions filed against retired AFP Chief of Staff Gen. Hermogenes Esperon, retired Philippine National Police Director General Avelino Razon and retired Army chief Lt. Gen. Romeo Tolentino “for lack of merit.”

“There is no showing that they were even remotely accountable and responsible for the abduction and continued detention of Sherlyn, Karen, and Merino,” it said.

Arroyo cleared

With regard to ex-President Arroyo, the high court said: “The petitions are bereft of any allegation that then President Arroyo permitted, condoned or performed any wrongdoing against the three missing persons.”

Palparan was formerly the commanding general of the 7th Infantry Division based in Nueva Ecija province. After retiring from the military, he unsuccessfully ran for senator in the 2010 elections.

The high court said that owing to the retirement of some of the respondents, the incumbent commanding general of the 7th Infantry Division and the incumbent battalion commander of the 24th Infantry Battalion “are enjoined to fully ensure the release” of the three missing victims.

The high court also ordered that the records of the cases be furnished to the Department of Justice, Philippine National Police and AFP “for further investigation to determine the respective criminal and administrative liabilities of respondents.”

Associate Justices Roberto Abad and Jose Mendoza took no part in the deliberations. Mendoza wrote the appellate court decision when he was still a Court of Appeals associate justice.

Witness’ credibility

The military group of Boac et al. had questioned the 2008 appellate court ruling that the three missing victims were detained in a Bulacan military camp.

Specifically, Boac and his group questioned the credibility of the farmer Raymond Manalo, who claimed he saw the missing victims in the camp.

The high court ruled that Manalo’s account was “candid and forthright.”

“There is thus no compelling reason for the court … to disturb its appreciation of Manalo’s testimony. The outright denial of petitioners Lt Col. Boac et al. thus crumbles,” it said.

Case vs Palparan

On May 4, the mothers of Cadapan and Empeño filed criminal charges against Palparan, Boac, Anotado, Samson, Enriquez, M/Sgt. Rizal Hilario, and several John and Jane Does in the justice department.

The allegations against Palparan et al. include rape, serious physical injuries, arbitrary detention, maltreatment of prisoners, grave threats and grave coercion.

The AFP on Monday again denied it was holding the two students and the farmer.

“The AFP investigation on this revealed that the (missing activists) are not in AFP custody,” the AFP deputy chief of staff for civil military operations, Commodore Miguel Rodriguez, said in a text message.

He said the AFP intended to “fully cooperate with any judicial process or investigating body so that this can be speedily resolved because the entire AFP suffers from the allegations of being involved in their disappearance.”

Still seeking justice

The militant Bagong Alyansang Makabayan (Bayan) said the Supreme Court decision would boost the criminal complaint the students’ parents had filed against their abductors.

“The decision should aid the Department of Justice in its preliminary investigation of the criminal complaint against Palparan et al.,” Bayan secretary general Renato Reyes Jr. said in a statement.

Reyes also said the Aquino administration, which an international group earlier said had not given enough attention to important human rights issues, should comply with the high court’s order at once.

“June 26 marks the fifth year since the abduction of the two UP activists. They have yet to attain justice as their parents and friends continue to search for them,” he said.

“The Aquino administration shouldn’t dilly-dally on the issue since lives are at stake and five years have already passed,” he added. With reports from Dona Pazzibugan and Leila B. Salaverria