The Philippine Online Chronicles

The Department of Justice (DOJ) recommended the filing of charges against former military general Jovito Palparan and other army officials for allegedly kidnapping and detaining still missing University of the Philippines students Karen Empeño and Sherlyn Cadapan in 2006.

A statement released by the DOJ yesterday read, "the facts are clear that some of the respondents are liable for kidnapping and serious illegal detention... as the complainants’ witnesses were able to establish that Karen and Sherlyn, Felipe Anotado, M/Sgt. Rizal Hilario and S/Sgt. Edgardo Osorio.

Among the primary witnesses was farmer Raymond Manalo who was detained with Empeño and Cadapan and had later escaped.

Manalo said they were separately abducted in Bulacan in 2006. He said the two students who were helping organize farmers in the area were kidnapped by the army and accused as members of the New People’s Army.

He claimed that Palparan visited and threatened him while he was being detained by the military. He also said that for a time, he shared a detention cell with the two UP students in a safe house of the 7^th Infantry Division of the military.

Another witness is security guard Oscar Leuterio, who was also supposedly abducted by the military.

“The [prosecution] panel concluded that the kidnapping and serious illegal detention of Sherly and Karen were done by Philippine Army officers, enlisted personnel and other unindicted co-conspirators, who committed the acts not in relation to their office but in violation of ‘their sacred duty of protecting the people’ and by acting outside their oaths of office, thereby acting as if they are private individuals,” DOJ said in their recommendation which was in response to the complaints filed by the victims’ mothers, Erlinda Cadapan and Concepcion Empeño.

Palparan had been dubbed “Berdugo” by militant groups. He is accused of ordering the killing and kidnapping of several people’s organization leaders.

In a counteraffidavit, Palparan said the abductions was a police matter and that the other accused officers are not under his control and supervision as commanding general of the 7^th Infantry Division.

If found guilty, Palparan and the others will face life imprisonment.

Justice Secretary Leila de Lima said they are awaiting the arrest warrants. “It shows that this time, we can expect results of such investigations because witnesses tend to cooperate, unlike before,” she said.

The prosecution team dismissed the complaint for rape, serious physical injuries and grave threat and coercion since there is no evidence yet to support the claim.

Hold departure order

Human rights group Karapatan called on the DOJ to issue a hold departure order (HDO) against Palparan and the others. They also asked that he not be subject to special treatment like former president Gloria Macapagal-Arroyo.

Meanwhile, De Lima said she has already ordered the Bureau of Immigration to be “on the lookout” for the respondents in case they try to leave the country.

Partially happy

Sixty-two year old Erlinda Cadapan said, “I’m partially happy with the DOJ resolution. I should have gotten this from the former administration. I’ve been looking for my daughter for five-and-a-half years now. My search for justice was partially served today.”

Their legal counsel Edre Olalia said the DOJ recommendation is not only “very crucial” but “symbolic. “Because this case is against not only Palparan and his minions but also other perpetrators of human rights violations who are still scot-free,” he said.

He added that, “the impending arrest of Palparan, sends a very clear signal that this is not something you can do with impunity and get away with. Sooner or later, whether immediately or over a period of time, the law will catch up with you.”

Wikileaks cables mention Palparan

Another US embassy cable coming from the Philippines showed then US ambassador Kristie Kenney narrating how Palparan claimed that he could not control his troops if ever they had indeed engaged in “illegal behavior.”

"MG Palparan even acknowledged to the Commission that he 'might have encouraged' such killings, but claimed that those were the 'individual responsibility' of whoever committed the killings,” the cable read.

Inquirer made a timeline detailing the important events involving the case.