Court acquits Palparan on kidnapping, illegal detention charges
By J.Lo
"It would be tremendously difficult to explain to Manalo brothers, parents of still missing Karen and Sherryl and countless others he had red-tagged and victimized how they cannot seek legal redress despite 'credible, categorical and convincing' accounts that even appellate courts have priorly established," Edre Olalia, chairman of National Union of People's Lawyers said in statement Retired Maj. Gen. Jovito Palparan has been acquitted by Malolos Regional Trial Court Branch 19 on charges of kidnapping, serious illegal detention, and serious physical injuries.
Charges had been brought against him decade ago by farmers Raymond and Reynaldo Manalo.
Accompanied by their legal representatives from National Union of People's Lawyers (NUPL) and parents of Sherlyn Cadapan and Karen Empeño, Manalo brothers were shocked by unexpected verdict.
NUPL, who have been advocating for Manalo brothers, expressed their disbelief at court's decision, calling it "unbelievable."
"It is even huge challenge to make sense of how he can be earlier convicted mainly on basis of testimony of same witness survivor by one court and years later would be acquitted on same testimony in separate case brought by same said witness survivor in another court," the statement stressed.
Legal dispute centers on Raymond Manalo's testimony during kidnapping case of Cadapan and Empeño, which initially led to Palparan's conviction.
Rights group KARAPATAN condemned decision of Malolos RTC, saying court disregarded accounts of Manalo brothers higher courts have affirmed.
In statement rights group expressed its disappointment with court's ruling, calling it an "unspeakable act" discredited traumatic experiences of Manalo brothers, including abduction, torture and suffering.
"This court's unspeakable, dastardly act invalidated abduction, enforced disappearance, torture, and sufferings endured by Manalo brothers…is this part of grand scheme that will enable Palparan et.al.'s pardon in near future?" group said in statement.
"We continue to support Manalo brothers and all survivors of abduction and torture for standing strong against these challenges…we encourage victims, their loved ones and public to uphold and defend rights of those who were wronged by State and to stand resolute amid pervasive impunity and continuing rights violations, as we reaffirm our commitment to help in pursuing full accountability of all violators of human rights and international humanitarian law," the statement added.
RTC said there have been inconsistencies between affidavits filed by Manalo and his testimonies in court.
Court first cited previous case with same testimony of Manalo brothers (The Secretary of National Defense, Et al. .v Raymond Manalo and Reynaldo Manalo, G.R. No. 180906, October 7, 2008.)
"Circumstances surrounding these cases militate against application of afore-cited principle as said inconsistencies pertain not only to elements of crimes charged but also to identification of perpetrators… inconsistencies of lone witness cannot be taken lightly as it will cast doubt as to true identity of assailants and credibility of lone witness," decision read.
First, court pointed out difference in Raymond's testimony, where he mentioned being "dragged to Reynaldo's house," unlike case where he was said to be taken in white L300 van.
Court also noted disparity in place of their detention, citing same case.
Third , fourth and eighth reasons showed inconsistencies in Raymond's encounters with Palparan, including inconsistent 2007 affidavit describing their first meeting at basketball court.
In interview after verdict, Raymond expressed disbelief, as higher courts had previously supported their case using same testimonies.
"Hindi ako susuko hangga't hindi ko nakakamit ang tunay na hustisya para sa akin at para sa ibang kasamahan kong nalabag ang karapatang pantao ," he said.
Palparan, who served under former President Gloria Arroyo, has long been controversial for his involvement in anti-insurgency efforts that were criticized for alleged abuses and killings.
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