THE Regional Trial Court (RTC) in Malolos, Bulacan, on Monday sentenced retired Army Maj. Gen. Jovito S. Palparan Jr. and two other Army officers to reclusion perpetua, or a maximum of 40 years in jail, for their role in the disappearance of two University of the Philippines (UP) students in 2006.
Aside from Palparan, also found guilty of kidnapping and serious illegal detention under Article 267 of the Revised Penal Code were Lt. Col. Felipe Anotado Jr. and S/Sgt. Edgardo Osorio.
They were also ordered to pay P300,000 each in civil indemnity and moral damages to the families of UP students Sherlyn Cadapan and Karen Empeño.
“All things considered, the evidence of the prosecution indubitably proved beyond reasonable doubt that the aforementioned elements of kidnapping and serious illegal detention obtain in the two cases at bar and the three accused should be penalized accordingly,” the decision read.
Presidential Spokesman Harry L. Roque Jr. said Malacañang welcomes lower court verdict, adding: “We want justice to be done to the victims.”
Justice Secretary Menardo I. Guevarra, for his part, said, “Justice may come a bit late, but it does come. Let’s believe in that.”
Carlos H. Conde, Asia Division researcher of Human Rights Watch, noted that the “ruling came after a long and agonizing struggle for justice by the families and supporters of the two activists, who remain missing. It rekindles hope among the families of many other victims human-rights violations, now and in the past. It should also serve as a reminder to state security forces that justice and the law will catch up with them sooner or later.”
The National Union of People’s Lawyers (NUPL), which provided legal assistance to the families of Capadan and Empeño, praised the court for its ruling which may serve as a warning to human-rights violators.
“[Palparan’s] conviction sends the message that cocky perpetrators of hideous human-rights violations will meet their match in the fortitude of the mothers, the strength of the mass movement, the courage of human-rights defenders and the value of good lawyering for the people,” the NUPL said in a news statement.
Palparan was arrested by a composite team of the National Bureau of Investigation and the Armed Forces’ 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 of Empeño and Cadapan, who are believed to be already dead.
They were abducted from a house in Barangay San Miguel, Hagonoy, Bulacan, on June 26, 2006.
In indicting Palparan for kidnapping and serious illegal detention charges, the Department of Justice held that he had a direct hand in the detention of the two UP students based on the testimony of Raymond Manalo, a farmer.
Manalo and his brother Reynaldo were also abducted by alleged military officers from their respective houses in San Ildefonso, Bulacan, in 2006.
He said they were detained for more than one year in various military camps in Southern Luzon before managing to escape on August 13, 2007.
During their detention, Manalo said he met and managed to talk to the two missing UP students, who were also being detained by Palparan’s men.
Raymond further narrated that she saw Cadapan and Empeño being subjected to torture by their captors.
The Court of Appeals had ruled in 2007 that his testimony was “clear, consistent and convincing” as it ordered the Armed Forces to produce the bodies of the students.
“While we celebrate the guilty verdict on these charges, we also recognize that the battle to bring justice to the victims… has not come to an end.” Rev. Erwin Egar of Karapatan Southern Tagalog said in a news statement following Palparan’s conviction by the Bulacan court.
“This legal victory has reminded us to continue to seek justice for the human-rights violations perpetrated by the military in honor of the life of peasant leader Eddie Gumanoy, and our fellow human rights worker Eden Marcellana, among other victims of extrajudicial killing under Palparan’s orchestration.” he added.
On April 22, 2003, the bodies of Karapatan Southern Tagalog Secretary-General Marcellana, and Katipunan ng Samahang Magbubukid sa Timog Katagalugan Chairman Eddie Gumanoy were found in Bansud, Mindoro Oriental. They were part of a fact-finding mission in Gloria, Mindoro, when the group was reportedly taken by soldiers.