Army defers transfer of ex-coup leader Kapunan to provincial jail

(Updated 5:41 p.m.) The Philippine Army has deferred the transfer of retired Lt. Col. Eduardo "Red" Kapunan Jr., a suspect in the murder of a labor leader and his driver 26 years ago, from military to civilian custody.   Army spokesman Maj. Harold Cabunoc said they were about to transfer Kapunan to the Rizal Provincial Jail on Tuesday when they were informed that a motion for reconsideration has been filed against the transfer with an Antipolo court.   "Wherefore, Intelligence and Security Group, Philippine Army shall defer the execution of the said transfer pending the determination of the Court on the said Motion for Reconsideration filed by accused private counsels," Cabunoc said, quoting from the court’s order.   He said under Rule 52 of the revised rules of court, "the pendency of a motion for reconsideration filed on time shall stay the execution of the judgment sought to be reconsidered unless the court, for good reason, shall otherwise direct."   Presiding Judge Ma. Consejo Gengos-Ignalaga of the Antipolo Regional Trial Court Branch 98 had earlier ordered the Intelligence and Security Group of the Philippine Army to immediately transfer the custody and detention of Kapunan. Later in the day, the National Union of People's Lawyers criticized the Army for its decision. "The Army's non-compliance with a categorical and unqualified order of the Court is not unexpected. They have done this before over and over again. They are not only defying a lawful order but this is inconsistent with their earlier public claim that they will comply. "Why should they dribble the transfer on the pretext of a motion of an accused that they are not supposed to be representing? A motion by a private individual cannot be invoked by the military to not comply. We will let the facts speak eloquently for themselves," the NUPL said in a statement “The position taken by the military to await another order is very telling, if not ludicrous. What if it were the other way around? What if Red is in police custody and we wanted to transfer him to military camp? And then the judge orders his transfer but he files a motion for reconsideration meanwhile? "Will the non-transfer by the police be justified because of a mere motion of a private party litigant? What should be followed here, the unqualified Court order or a party litigant by mere motion?” it added.   In a statement released last Friday, Justice Secretary Leila De Lima said she had instructed the prosecutors handling the case to seek the transfer of Kapunan to the custody of the National Bureau of Investigation, an attached agency of the Department of Justice.   Kapunan, a former Air Force colonel, was implicated in the 1986 abduction and killing of Kilusang Mayo Uno leader Rolando Olalia and his driver Leonor Alay-ay. He turned himself to authorities last week. — Carmela G. Lapeña/KBK/RSJ, GMA News