THE Court of Appeals (CA) has affirmed the decision issued by the Regional Trial Court of Malolos, Bulacan, in 2018 sentencing Army Maj. Gen. Jovito Palparan and two other Philippine Army officers to reclusion perpetua or a maximum of 40 years in jail in connection with the disappearance of two University of the Philippines students in 2006.
In a 61-page decision penned by Associate Justice Angelene Mary Quimpo-Sale, the CA’s First Division modified the trial court’s ruling as to the penalty and interest imposed against Palparan and fellow accused-appellants Lt. Col. Felipe Anotado Jr. and S/Sgt. Edgardo Osorio, who were found guilty of kidnapping and serious illegal detention under Article 267 of the Revised Penal Code.
It held that the P100,000 civil indemnity and P200,000 moral damages awarded to the families of missing University of the Philippines student-activists Sherlyn Cadapan and Karen Empeño by the trial court against the petitioners are correct but the said amount should be subject to 6-percent interest per year from the date of finality of the decision until full payment.
The kidnapping and illegal detention of the two UP students were allegedly carried out on the suspicion that they were members of the communist New People’s Army and/or its front or militant organizations. The CA held that accused-appellants raised the defense of denial and alibi in seeking the reversal of the trial court’s decision.
Positive testimony
HOWEVER, the CA declared: “Accused-appellants’ denial cannot be upheld and accorded greater evidentiary weight in light of the positive testimony of the prosecution witnesses. To repeat, the prosecution evidence is credible, clear and categorical.”
“As presented and proved by the prosecution, the facts established the concerted acts of the 3 accused-appellants aimed at carrying out the unlawful intent of taking and detaining the 2 victims,” the CA ruled.
The prosecution presented witnesses Wilfredo Ramos, Oscar Leuterio and Raymond Manalo to testify against Palparan and his fellow accused-appelants.
The CA said the claim of the accused-appellants that there are inconsistencies in the testimony of the prosecution witnesses cannot be given weight since these involve minor matters that are irrelevant to the case.
“These inconsistencies actually indicate that the testimonies of the prosecution witnesses were not rehearsed,” the CA said.
Based on the testimonies of the witnesses, it was established that Empeño and Cadapan were taken by accused-appellant Osorio and other armed men on June 26, 2006, at 2 a.m. in Barangay San Miguel, Hagonoy, Bulacan, and then brought to Fort Magsaysay, Nueva Ecija.
From Fort Magsaysay, the two women were loaded on to a vehicle. Around August or September 2006, they were taken and seen in Camp Tecson, San Miguel, Bulacan.
In September of 2006, Palparan arrived in Camp Tecson onboard a white vehicle.
Palparan did not alight from the vehicle while his companion in civilian clothes fetched the two women and boarded them on to the white vehicle. They were returned to Camp Tecson after three days and were detained there for around three months.
The victims were taken to the Barangay Hall of Sapang, San Miguel, Bulacan, where they were detained for one week.
In November 2006, the victims were taken to the military camp/detachment in Limay, Bataan.
The witnesses said Anotado visited the two women in the bodega where they stayed on three separate instances.
Credible, clear
FROM May to June 2007, the victims were taken to and placed in a safehouse in Iba, Zambales, before they were brought back to Limay, Bataan, after a month where they were last seen.
“The testimonies of these witnesses are credible, clear and categorical. These prosecution witnesses were also detainees themselves who saw and got to know the two victims Sherlyn and Karen when they were in various military camps and detachments in Nueva Ecija, Bulacan, Bataan and Zambales,” the CA pointed out.
“The details in their testimonies prove that they actually saw the victims and that they got acquainted with them. These witnesses, particularly Raymond Manalo, testified lengthily on direct and cross examinations. When subjected to rigorous cross examination, their testimonies remained clear and consistent,” it added.
During their detention, Manalo testified that he met and managed to talk to the two missing UP students.
He added that he saw Cadapan and Empeño being subjected to torture by their captors.
The CA also noted that as commanding general of the 7th Infantry Division, Palparan had overall control and supervision within his area of responsibility, which covers Camp Tecson.
On the other hand, Anotado, as commanding officer of the 24th Infantry Battalion, also had control and supervision over the camp in Limay, Bataan.
Denied involvement
THE CA also did not give merit to the claim of Osorio and Anotado that they were in Quezon City and not in Bulacan or Bataan where they were allegedly seen.
Palparan, on the other hand, claimed that he was mostly at the headquarters of the 7th Infantry Division, in Fort Magsaysay, Nueva Ecija.
But the Court noted that Fort Magsaysay is just three or four towns away from Camp Tecson, the place where he was seen by witness Manalo, and travel time would only take a little more than 30 minutes.
On the other hand, Bulacan and Bataan, according to the CA, are just a few hours away from Quezon City and it was not physically impossible for Osorio and Anotado to be in both places in a day.
Palparan has denied any involvement in the kidnapping of the two UP students.
He said the cases against him were orchestrated by enemies of the state, particularly the communist movement, with the intention of putting down someone like him who is opposing them strongly.
Palparan was arrested by a composite team of the National Bureau of Investigation and the Armed Forces of the Philippines’s Naval Intelligence Group in August 2014 after three years in hiding.
He was arrested by virtue of an arrest warrant issued by the Malolos RTC in 2011 in connection with the kidnapping and serious illegal detention case.
Image credits: AP / Bullit Marquez