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Article Index Institution Watch Judiciary

Court Blames Palparan for Farmers’ Abduction Print E-mail
Written by Purple S. Romero   
Thursday, 27 December 2007
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The Court of Appeals said that retired Army Maj. Gen. Jovito Palparan had a hand in the abduction of farmers Raymond and Reynaldo Manalo last year.

In a December 26 decision granting the privilege of the writ of amparo to the Manalo brothers, Associate Justice Lucas Bersamin of the second division wrote that Palparan was “at the very least…aware of the petitioner’s captivity at the hands of men in uniform assigned to his command.” It added that even if Palparan’s “direct” and “personal” role in the abduction was not established, his knowledge of the condition of the brothers during their captivity showed his command policy that “encouraged” extrajudicial and forced disappearances. It was the sixth victory for the writ of amparo, which earlier caused the release of activist Rowil Muñasque and farmer Luis Bustamante from the custody of the Armed Forces of the Philippines (AFP).

Palparan was the commanding general of the Army’s 7th infantry division when soldiers and six members of the military-controlled Citizens Armed Forces Geographical Unit (CAGFU) abducted the Manalo brothers from their homes in Bulacan on February 14, 2006. The brothers told the court that they were detained at different periods in Fort Magsaysay, Laur, Nueva Ecija, the headquarters of the 7th infantry division; Camp Tecson in San Miguel, Bulacan; in a safehouse in Zambales; at the headquarters of the Army’s 24th infantry battalion in Limay, Bataan; and in another safehouse in Pangasinan from which they escaped on August 13, 2007.

Raymond claimed that he saw Palparan twice during their three-month detention: the first time in a safehouse in Bulacan, where the retired general reportedly ordered him to ask his parents not to join any protest rallies, and the second time when Palparan allegedly ordered him to take a drug called “Alive” to improve his health.

The appellate court also identified master sergeants Rizal Hilario, Donald Caigas, and three other soldiers, as well as CAFGU members Mading dela Cruz, Puti de la Cruz, Pula dela Cruz, Randy Mendoza, and Rudy Mendoza as those involved in the abduction of the Manalo brothers. It ordered AFP chief of staff Gen. Hermogenes Esperon, Jr. and Defense Secretary Gilberto Teodoro Jr. to state in writing where Hilario and Caigas are currently assigned.

However, the court denied the petitioners’ plea to order government to locate Palparan, saying his retirement had put him beyond the control of the military already.

The court also ordered the defense department and the AFP to release all official and unofficial reports on their investigation of the case. They were also asked to submit medical reports and the list of military and civilian medical and personnel who attended to the Manalo brothers during the time of their detention. The brothers have claimed that they were tortured.

The appellate court criticized the investigation made by the Army on the disappearance of the Manalo brothers, calling it “superficial.” The court said: “The Provost Marshall should have dug deeper into the case by also interviewing the petitioners…assuring them that they would get even-handed justice. Yet it is clear that no such initiative was taken.”



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Last Updated ( Friday, 28 December 2007 )
 
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