HIT TRIAL BY PUBLICITY
[PHOTO - Fugitive retired Army
Major General Jovito Palparan Jr. has finally found succor and comfort from
among his own.]
MANILA, DECEMBER 29, 2011 (INQUIRER)By Dona Z. Pazzibugan, Norman
Bordadora, TJ Burgonio - The organization of the country's past and
present military and police generals has called for a halt to the "undue trial
by publicity" of Palparan who carries a P500,000 bounty on his head, even as
they urged him to face the kidnapping charges for the 2006 disappearance of two
University of the Philippines student activists.
The Association of General and Flag Officers Inc. (Agfo) on Wednesday
denounced Palparan's projection in the media as a "serial murderer" when he has
neither been tried nor convicted by a court.
"We are disturbed by the exploitation of the case of General Palparan, who
has not yet been convicted by any court of law, and his projection as a serial
murderer, a "berdugo" based on pieces of evidence that are yet to be scrutinized
in due process by the court," said retired Lieutenant General Raul Urgello, a
former Army commanding general and Agfo chairman and president, in a statement.
"We believe that he must face the charges against him and equally in his
right to be tried fairly based on facts and circumstances devoid of any
political or ideological insinuations," Urgello said.
Demoralization in the ranks
It was the first time that a military group like Agfo has come out openly on
the issue since the Malolos City Regional Trial Court Branch 14 issued an arrest
warrant against Palparan and three Army personnel on December 19.
The generals warned of "demoralization in the soldiers' ranks" if "the
ideological enemies of the state will capitalize on this issue to support their
deadly political-military struggle."
"The military should not be weakened by the perception of injustice in its
ranks," said Urgello, pointing out that Palparan and the three Army personnel
charged with him were charged for alleged acts committed while still in the
active service "leading operations against the communist insurgents in Central
Luzon."
"We request that the undue trial by publicity against Major General Palparan,
spawned by some media entities, be stopped. Let the courts determine his
innocence or guilt, in fair due process. The rule of law should prevail over the
demands of interest groups in the courts of public opinion," he continued.
To Palparan, his fellow generals said: "We hope that Major General Palparan
will be enlightened and begin to trust our system of justice and the people
appointed to implement it."
But in a phone interview, Urgello did not press for Palparan's surrender.
Presumed innocent
"That is his decision, maybe to clarify the issue against him. Maybe that's
one course of action. What we want to emphasize is that we avoid a trial by
publicity," he said.
He said the group spoke out to underscore Palparan's right to be presumed
innocent until proven guilty.
"Let's not assume that he's already guilty and let's not go into a trial by
publicity. We are asking for fairness," he said.
Urgello, who said he has not spoken to Palparan, said it was possible that
Palparan was apprehensive that leftist groups will go after him while he is
detained.
"Maybe that is the reason why he is in hiding, but that is speculation. Our
point is, it is our stand to see to it that his rights are protected," said the
former Army chief.
Military or civilian custody?
Malacañang on Wednesday said the government would ensure Palparan's safety.
But presidential spokesperson Edwin Lacierda could not say categorically
whether Palparan would be placed under military custody like his two coaccused
soldiers, instead of being detained in an ordinary jail.
Palparan is facing kidnapping and serious illegal detention charges in
connection with the disappearance of Sherlyn Cadapan and Karen Empeño who
disappeared in Hagonoy, Bulacan province, in 2006 and have not been seen since.
"He sent surrender feelers. Presumably those surrender feelers might carry
with them some conditions and we don't know what (those) surrender feelers are,"
Lacierda said.
When his arrest does materialize, Lacierda said the government would make
sure that Palparan is kept safe. "We want him to be prosecuted," he said.
Edre Olalia, the lawyer for the families of the missing students, has
criticized the transfer to military custody of Lt. Col. Felipe Anotado and
S/Sgt. Edgardo Osorio, the two accused soldiers.
"The transfer of their custody to the Army does not inspire confidence in our
justice system. It practically means they will be 'at home' in the good company
and graces of their own who will coddle and cuddle them," said Olalia.
The Department of Justice (DOJ) on Wednesday questioned the transfer of the
two accused soldiers to a military camp. Justice Secretary Leila de Lima said
she has directed the state prosecutors handling the case to file the appropriate
motion in the Malolos court.
De Lima said the soldiers should be detained in a civilian facility like the
Philippine National Police Custodial Center in Camp Crame or Camp Bagong Diwa in
Bicutan, Taguig City.
Anotado and Osorio were taken to the Philippine Army headquarters in Fort
Bonifacio, Taguig, from the Bulacan Provincial Jail on Friday after Malolos
Judge Teodora Gonzales granted their request for a transfer.
Palparan, Anotado, Osorio and M/Sgt. Rizal Hilario were ordered arrested on
December 19. Anotado and Osorio surrendered to authorities a day after Gonzales
issued the arrest warrant while Palparan and Hilario went into hiding.
Anotado and Osorio had petitioned to be transferred to military custody out
of fear for their safety at the Bulacan provincial jail where criminals and
communist rebels are detained.
Strike proper balance
State Prosecutor Juan Pedro Navera, who led the DOJ panel which recommended
the filing of criminal charges against Palparan et al., said Anotado and Osorio
were brought to the Army headquarters without the panel's knowledge.
He said the DOJ was not furnished a copy of Gonzales' order which allowed the
pair to be taken under military custody. He said even the Armed Forces Provost
Marshal "was looking for a copy" of Gonzales' order.
"The accused have their own lawyers. The DOJ is hoping the Army is not
lawyering for them. We have to strike a balance between the need to avoid any
special treatment for the accused with the issue of their personal security
while in detention," Navera said.
With two of his coaccused having been transferred to military custody, it
would not be far-fetched for Palparan to avail of the same "special treatment,"
the militant Bagong Alyansang Makabayan said Wednesday.
"He can make use of the same argument that his life is in danger if detained
in a regular jail. Palparan will be like in vacation. He'll be right at home,"
said Bayan secretary general Renato Reyes.
Reyes said the transfer of Anotado and Osorio to Fort Bonifacio was an
"unfortunate and dangerous precedent."
'Unacceptable'
Olalia, secretary general of the National Union of People's Lawyers that
serves as private counsel for the students' families, said the transfer would
"further enrage the victims, their families, human rights defenders and the
public if the same arrangement happens to Palparan should he be arrested, if at
all."
"This is unacceptable. It was done without us being notified at all. We were
totally clueless about this. They pulled a fast one again. This will not sit
well with a lot of people," he said in a text message.
FROM MANILA BULLETIN
AFP NOT HIDING PALPARAN MANILA BULLETIN
The
Philippine National Police (PNP) said on Wednesday there is no indication that
retired military general, Jovito Palparan, has left the country or that the
Armed Forces of the Philippines (AFP) is coddling him to evade arrest in
connection with the disappearance of two female student activists in 2006.
"We believe that members of the Armed Forces of the Philippines are all
professionals, we do not believe that they can do that (coddle Palparan)," said
Chief Supt. Agrimero Cruz, Jr., PNP spokesman.
Cruz said the tracker teams the PMP has formed since the arrest warrant was
issued against Palparan are pursuing several leads on the retired general's
whereabouts.
However, he admitted that four operations launched by the PNP with the
National Bureau of Investigation (NBI) yielded negative results.
Still, Cruz rejected speculations that some soldiers are coddling the wanted
retired general.
Director- General Nicanor Bartolome, PNP Chief, said some people reportedly
close to Palparan have signified their intention to help negotiate for his
surrender.
This development comes after the PNP said that it had been contacted by
supposed "surrender feelers".
Bartolome said the PNP is exercising precaution in dealing with the reported
"surrender feelers" and volunteer negotiators, saying these could just be
distractions.
"On our part, we are always hopeful that he (Palparan) will go out to face
the charges. If he will not do it voluntarily, then we will look for him," he
Bartolome.
"What is important is that he has not left the country," he added.
It was recalled that Palparan was prevented from flying to Singapore due to a
hold departure order implemented over the case of kidnapping with serious
illegal detention in connection with the disappearance of University of the
Philippines students Sheryl Cadapan and Karen Empeno.
Last Tuesday, the government has approved the P500,000 reward money
recommended by the PNP for any information that could lead to the arrest of the
elusive Palparan.
"The 'surrender feeler' is one thing, the actual surrender is another. That
is why now that we initiated the reward money, it could expedite his surrender
or our operation to look for him through the information that we could get from
the public," said Bartolome.
Hours after the arrest warrant was issued by a Bulacan court, Palparan's two
of his co-accused, Lt. Col. Felipe Anotado and Staff Sergeant Edgardo Osorio,
yielded to the AFP Provost Marshal, which in turn turned them over to the
police.
But the End Impunity Alliance (EIA) assailed the alleged transfer of Anotado
and Osorio from the Bulacan Provincial Jail to the Fort Bonifacio stockade in
Taguig City, under the custody of the Philippine Army.
EIA convenor said the supposed move is "highly irregular as both should
remain in an ordinary civilian detention facility, not in the comfortable
confines of their military camps."
The transfer was done without the knowledge of the complainants in the case
and their lawyers.
"We decry this form of special treatment, as if the undue delay in the
arrests of Palparan and (co-accused Master Sergeant Rizal) Hilario is not
disturbing enough. We demand that they be taken to a civilian detention facility
and that Palparan and Hilario be immediately arrested and jailed in a similar
institution," she said.
The National Union of Peoples' Lawyers or (NUPL) issued a similar statement.
"This is unacceptable. It was done without us being notified at all. We were
totally clueless about this. They pulled a 'fast one' again. This will
definitely not sit well with a lot of people. It will further enrage the
victims, their families, human rights defenders, and the public if the same
arrangement happens. Palparan should he be arrested, if at all," the group
added.
Meanwhile, Catholic Bishops' Conference of the Philippines {(CBCP) Public
Affairs Committee Chairman Bishop Deogracias Iniguez said Palparan should come
out so he can clear his name from being dubbed as "The Butcher".
"With these accusations, I think it would be best if he will really come out
and face these charges and see it as an opportunity to clear his name," he said.
"If these charges are not proven, it will be good for him. If not, then, I
think it will be justice served," added Iniguez. (With
reports from Marvyn N. Benaning, Francis T. Wakefield, and Leslie Ann G. Aquino)
FROM THE PHILSTAR
Heavily armed bodyguards securing Palparan - NBI
By Ding Cervantes (The Philippine Star) Updated December 29, 2011
12:00 AM
[PHOTO - TIME FOR RECKONING]
SAN FERNANDO, Pampanga, Philippines – An official of the National Bureau of
Investigation (NBI) disclosed that fugitive retired general Jovito Palparan was
last seen with several armed bodyguards.
Armed Forces spokesperson Col. Arnulfo Burgos Jr. denied insinuations that
supporters of Palparan in the military could be coddling the retired officer.
According to NBI regional director Ricardo Diaz, "sources who saw him before
he went into hiding said Palparan was surrounded by men with long firearms."
Palparan owns a private security agency.
Palparan vanished after he was prevented from boarding a flight to Singapore
at the Diosdado Macapagal International Airport in Angeles City last Dec. 19. He
was told he was on the Bureau of Immigration watchlist.
A few days earlier, the Department of Justice filed cases of kidnapping and
serious illegal detention involving two missing students of the University of
the Philippines.
Diaz admitted that as of yesterday, lawmen tasked to track down Palparan, who
now carries a P500,000 reward for his arrest, remained without definite clues on
his whereabouts.
"His being secured by armed men could be a precautionary measure since
leftist forces have always been out to assassinate him," Diaz said.
Left leaning groups dubbed Palparan as "berdugo" for his alleged involvement
in unexplained killings and disappearances of people suspected to be either
members or supporters of communist rebel groups before he retired from active
military service.
In a statement, the fisherfolk alliance Pambansang Lakas ng Kilusang
Mamamalakaya ng Pilipinas (Pamalakaya), which filed a P25-million libel case
against Palparan in 2008, expressed suspicion that the fugitive retired military
officer is being coddled by his supporters in the military.
"The butcher is their (military) own creation and these reactionary
institutions have cherished Palparan's political killing spree since his
integration in the military," Pamalakaya said.
Pamalakaya filed the libel case, later dismissed, based on Palparan's
published statement accusing the group of being the machinery of the communist
New People's Army (NPA) in its monthly collection of P50,000 revolutionary tax
from fishpond operators and recruitment of residents to join the NPA.
In a text reply to The STAR, the AFP spokesman said, "We always uphold the
rule of law and believe in our justice system. It is not our policy to violate
existing laws and regulations and tolerate or coddle any individual wanted by
the law."
Burgos said that military men involved in the search for Palparan "are not
after the monetary reward but are just after performing good service to our
people."
Diaz said that agents of the NBI nationwide are on the alert for Palparan,
although he admitted that the arms of the agents could be inferior to those seen
being held by the men securing Palparan.
Meanwhile, an official of the Catholic Bishops' Conference of the Philippines
(CBCP) yesterday urged Palparan to surrender and face the charges filed against
him.
CBCP Public Affairs Committee (PAC) chairman Caloocan Bishop Deogracias
Iñiguez made this appeal after the government offered a P500,000 reward for any
information that would lead to the capture of Palparan.
Iñiguez said, "With these accusations, I think it would be best if he will
really come out and face these charges and see it as an opportunity to clear his
name."
He said if the charges were not proven, it would be good for him. "If not,
then, I think it will be justice served."
'Palparan should be arrested'
Malacañang wants Palparan arrested so that the public could see the
resolution of the case filed against him.
"We want him to be prosecuted. We want him to stand… we want him to face
prosecution. And so, his security is important for us. When he surrenders, we
want to make sure that he is secure," presidential spokesman Edwin Lacierda
explained.
He said the administration considers Palparan a common criminal who should be
captured by authorities.
"I don't know how dangerous he is but we are treating him as a common
criminal," Lacierda said, adding there is no shoot-to-kill order, but that the
orders are only to apprehend the former military official.
Meanwhile, Justice Secretary Leila de Lima questioned yesterday the transfer
to a military camp of Palparan's co-accused Lt. Col. Felipe Anotado and S/Sgt.
Edgardo Osorio, two Army soldiers who were also indicted for the alleged
kidnapping of UP student activists Sherlyn Cadapan and Karen Empeño in 2006.
De Lima said she has directed the prosecutors led by Assistant State
Prosecutor Juan Pedro Navera to formally oppose before the Malolos, Bulacan
Regional Trial Court (RTC) the transfer of detention of Anotado and Osorio.
"They should be detained in a civilian facility such as, for example, the PNP
(Philippine National Police) Custodial Center in Camp Crame, Quezon City or Camp
Bagong Diwa in Bicutan, Taguig," she said.
Anotado and Osorio were taken to the Philippine Army headquarters in Fort
Bonifacio, Taguig from the Bulacan Provincial Jail on Friday after Malolos RTC
Branch 14 Judge Teodora Gonzales granted their request.
Palparan, Anotado, Osorio and M/Sgt. Rizal Hilario were ordered arrested on
Dec. 19 in connection with the purported abduction of the UP students.
Anotado and Osorio yielded to authorities a day after Gonzales issued
warrants for their arrest, while Palparan and Hilario had gone into hiding.
Prosecutor Navera admitted they were surprised by the transfer of Anotado and
Osorio to the Army headquarters without their knowledge.
Navera said the Department of Justice was not furnished the copy of Gonzales'
supposed order, which allowed the duo to be placed under military custody.
"We will inquire first why we have not received any notice and the order
directing the transfer to the Army custody and why the Army itself did not
inform the DOJ," Navera said.
This developed as the Association of Generals and Flag Officers (AGFO), a
group of retired and active military officers, issued a one-page manifesto to
express concern over the developments in the case of Palparan and three other
active Army soldiers that could demoralize the military.
"We are disturbed by the exploitation of the case of Gen. Palparan, who has
not yet been convicted by any court of law, and his projection as a serial
murderer, a 'berdugo,' based on pieces of evidence that are yet to be
scrutinized in due process by the court," said AGFO chairman and president Lt.
Gen. Raul Urgello.
Urgello said that Palparan should face the charges filed against him and he
should be granted the rights of an accused devoid of any political or
ideological insinuations.
He said AGFO also grieves with the relatives of hundreds of soldiers and
policemen who were killed defending the country and people from known enemies of
the state.
Urgello said that the ideological enemies of the state would capitalize on
the Palparan issue to support their deadly political struggle. – With Evelyn Macairan, Delon Porcalla, Edu Punay, Jaime Laude
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
All
rights reserved
PHILIPPINE
HEADLINE NEWS ONLINE [PHNO] WEBSITE
[Non-text portions of this message have been removed]
------------------------------------
-------------------------------------------------------------
Follow us on Twitter: http://twitter.com/phnotweet
This is the PHILIPPINE HEADLINE NEWS ONLINE (PHNO) Mailing List.
To stop receiving our news items, please send a blank e-mail addressed to: phno-unsubscribe@yahoogroups.com
Please visit our homepage at: http://www.newsflash.org/
(c) Copyright 2009. All rights reserved.
-------------------------------------------------------------Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/phno/
<*> Your email settings:
Individual Email | Traditional
<*> To change settings online go to:
http://groups.yahoo.com/group/phno/join
(Yahoo! ID required)
<*> To change settings via email:
phno-digest@yahoogroups.com
phno-fullfeatured@yahoogroups.com
<*> To unsubscribe from this group, send an email to:
phno-unsubscribe@yahoogroups.com
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
