Mothers of missing UP students ask CA to transfer Palparan to regular jail

The mothers of missing University of the Philippines students Karen Empeño and Sherlyn Cadapan have asked the Court of Appeals to have retired General Jovito Palparan Jr. transferred to a regular jail, saying he should not be in military custody.

 

In a motion for certiorari filed with the Court of Appeals (CA) last Thursday, Concepcion Empeño and Linda Cadapan, through the National Union of Peoples' Lawyers (NUPL), asked the court to “annul and set aside” the order of Malolos Regional Trial Court (RTC) Branch 14 Judge Teodora Gonzales committing Palparan to the Philippine Army Custodial Center (PACC) in Fort Bonifacio, Taguig and issue a new order transferring him to a civilian jail.

 

“[A] retired military officer, who is considered a civilian, is not entitled to military custody," the motion said.

 

Palparan, who was arrested by the National Bureau of Investigation (NBI) on Aug. 12, is facing charges of kidnapping with serious illegal detention for the disappearance of Empeño and Cadapan in 2006.

 

In September, Gonzales approved Palparan's request to be transferred to the PACC from the Bulacan Provincial Jail citing threats to his life.

 

Empeño and Cadapan's parents said Palparan's stay at PACC is special treatment.

 

"In the case at bar, neither is the offense, kidnapping with serious illegal detention under the Revised Penal Code covered by the Articles of War, nor is respondent Palparan subject to military law. Considered a civilian charged under civilian law, it cannot be made plainer that allowing respondent Palparan to stay in military detention is a treatment special if not extraordinary from that of other falling in the same classification," they said in their motion.

 

The motion also tagged as “unsubstantiated” the court's decision to allow Palparan's transfer to PACC based solely on his claims of threats to his life.

 

The motion likewise pointed out that if Palparan must really be transferred to a more secured place, it should be to a civilian detention facility under the Bureau of Jail Management and Penology (BJMP) and not a military facility.

 

Human rights group Karapatan said it supports the motion.

 

“[A] civilian detention facility under the Bureau of Jail Management and Penology is well equipped to guard the safety of the butcher General Palparan," Karapatan secretary general Cristina Palabay said.

 

"We will not allow the Aquino government to continue babying 'The Butcher'...We owe it to activists Karen Empeño and Sherlyn Cadapan, their mothers, and all the victims and their kin who are relentless in their pursuit for justice," Palabay said, using the nickname that palparan's critics use to refer to him.

 

Palparan has also been accused of ordering the torture and killing of several activists while in the military. He has, however, repeatedly denied the allegations. — Elizabeth Marcelo/JDS, GMA News