Missing students’ kin slap criminal case against Palparan

MANILA, Philippines—Mothers of missing students from the University of the Philippines (UP) today filed a criminal complaint against retired General and former Congressman Jovito Palparan Jr. before the Department of Justice (DoJ).

In a 13-page joint complaint-affidavit, Erlinda T. Cadapan and Concepcion E. Empeno filed a case for rape, serious physical injuries, arbitrary detention, maltreatment of prisoners, grave threats, grave coercion and violation of Republic Act 7438, against Palparan, Lieutenant Colonels Rogelio Boac and Felipe Anotado, 2^nd Lieutenant Francis Mirabelle Samson, Arnel Enriquez, Master Sergeants Donald Caigas and Rizal Hilario, and several John Does. RA 7438 safeguards the rights of persons detained by law enforcers.

The two complainants are mothers of Sherlyn Cadapan and Karen Empeno, who were abducted in 2006 along with farmer Manuel Merino. All were allegedly suspected by the military as members of the outlawed New People’s Army (NPA), and are missing to this day.

Attached to the complaint were eight detailed affidavits claiming that Sherlyn and Karen were in military custody. Farmer Raymond Manalo, whose testimony was taken in open court in 2008 during the habeas corpus proceedings in the Court of Appeals, positively identified several of the abductors, and testified to acts of torture. Manalo was himself abducted in Bulacan in 2006, but claimed to have escaped.

The two mothers, accompanied by lawyers from the National Union of People’s Lawyers (NUPL), led by Atty. Edre Olalia,  NUPL secretary-general, likewise cited violations of international treaties, such as the International Covenant on Civil and Political Rights and the Convention Against Torture.

The mothers of the 2 missing UP students had earlier secured the court’s approval for the writs of habeas corpus and amparo, but neither writ has been executed. The Court of Appeals in September 2008 ordered the Armed Forces of the Philippines to release the two students, but the latter denied having custody over them.

This is the first countersuit against Palparan to be filed during the present administration of President Noynoy Aquino. Palparan earned the monicker from leftist organizations and media “The Butcher” for his alleged record of extrajudicial killings and enforced disappearances.

“This will not  ensure that Karen and Sherlyn will be brought back to us. Indeed, this is more than seeking justice for them. This is a way to put these incorrigible abductors, torturers and rapists out of places of authority,” Olalia said.

General Palparan could not be reached for comment.