CA junks raps vs Palparan, Gonzales in leftist's abduction

For insufficiency of evidence, the Court of Appeals has cleared former Army Major Gen. Jovito Palparan, National Security Adviser Norberto Gonzales and several high ranking Armed Forces officials from a suit linking them to the disappearance of a member of the National Democratic Front (NDF) peace panel member in Bulacan last year. In a 14-page decision penned by Associate Justice Magdangal de Leon, the CA’s 14th Division, said the petition for habeas corpus filed by the family of the missing Leopoldo Maglalang Ancheta must fail because it was not substantially proven that respondents have custody of the NDF panel member. “There is not even a scintilla of evidence which could link respondents to the mysterious disappearance of Ancheta. Thus, their returns of the writ, declaring that Ancheta is not in their custody, must be taken at their face value," the CA ruled. Concurring with the ruling were Associate Justices Rebecca Guia-Salvador and Ricardo Rosario. The appellate court said the testimony of complainant Carmen Ancheta, wife of the Leopoldo, consists merely of narrations of events prior to the disappearance of her husband on June 24, 2006 and the actions she had taken after receiving information that Ancheta was abducted. The Court said petitioner’s testimony were nothing more than hearsay, considering that the information about her husband’s disappearance was relayed to her by unnamed tricycle drivers who were not presented in court. “It is always heartrending to see agony and anguish in the eyes of a person whose loved one has disappeared without a trace. And who can remain unaffected, having to listen to the stifled sobs of a soul torn to pieces by loss and desperation? We do understand the plight, and commiserate with her. Sadly, for now that is all this Court can do," the decision read. The CA, however, said Ancheta’s family may still re-file the case once they have gathered sufficient evidence linking the respondents to the disappearance of the NDF panel member. Ancheta’s wife testified that while they were at their house in Barrio Obrero, Tondo, Manila, her husband told her that he was already marked and that the military was only to be blamed if ever he disappeared. She said Ancheta left their house on June 22, 2006 at about 5:30 a.m. to see some relatives in Mexico, Pampanga. Ancheta also instructed her not to call his phone and that he would just send her text messages regarding the time and place where they would meet upon his return. On June 24, 2006, at about 5:10 pm, petitioner received a text message from husband asking her to meet him at South Supermarket in Tuktukan, Guiguinto, Bulacan at 6:30 in the evening. After waiting for several hours, petitioner said she became worried as her husband had yet to show up at their meeting place. She then called a certain Celina Palma, the wife of Ancheta’s employer, and asked if they knew his whereabouts. Palma told the petitioner that they dropped off Ancheta in front of Tuktukan Elementary School few hours ago. Carmen said she waited for several hours more before going home. The next day, Carmen sought the assistance of Bulacan-based human rights group Karapatan, in looking for his husband. They went back to South Supermarket in Guiguinto, Bulacan on June 30 and inquired from several tricycle drivers when they had seen Ancheta in the area. The tricycle drivers admitted seeing Ancheta being dragged by thee armed men in civilian clothes inside a silver Toyota Revo, with a plate covered with plastic. Petitioner immediately reported her husband’s alleged abduction to the authorities while Karapatan conducted further investigation on Ancheta’s disappearance. Karapatan said Ancheta’s abductors could be members of the military, prompting Carmen to file a petition for habeas corpus, wherein she named as respondents Palparan, Gonzales, Armed Forces chief of staff Gen. Hermogenes Esperon Jr., Maj. Gen. Bonifacio Ramos, Commodore Leonardo Calderon Jr., PNP chief Oscar Calderon, CIDG Chief Supt. Jesus Verzosa, Chief Supt. Ismael Rafanan and Senior Supt. Romeo Ricardo. - GMANews.TV