Malolos court acquits Jovito Palparan, others of kidnapping, illegal detention

A Malolos court has acquitted retired major general Jovito Palparan and others of charges of kidnapping and serious illegal detention with serious physical injuries in connection with the alleged abduction of two farmers in 2006.

In an 82-page decision, the Malolos Regional Trial Court Branch 19 acquitted Palparan, Michael Dela Cruz, Marcelo Dela Cruz and Maximo Dela Cruz on the ground of reasonable doubt.

The Court ordered the release of Palparan unless he is being detained for another cause.

“In light of all the foregoing, and, taking into consideration the assessment of the reliability of the identification made by the private complainant, doubt indubitably exists, not on the fact that the crime happened, but rather, on the identity of the accused,”  the court said.

The case stemmed from the abduction of brothers Reynaldo and Raymond Manalo from their home in Ildefonso, Bulacan in February 2016.

In ruling over the case, the Court said the inconsistencies between Raymond’s affidavit and his testimony, the description where he and Palparan met in a basketball court in Sapang, and other material points affected the veracity of his narrative.

“The circumstances surrounding these cases militate against the application of the afore-cited principle as said inconsistencies pertain not only to the elements of the crimes charged but also to the identification of the perpetrators,” the RTC said.

“These inconsistencies of the lone witness cannot be taken lightly as it will cast a doubt as to the true identity of the assailants and the credibility of the lone witness,” it added.

The court said that Raymond first testified that he was dragged and brought to the house of Reynaldo, but in the Amparo case, he testified that he was forced into a white van when he was brought to his brother’s house.

According to the court, Raymond also testified that he was detained at a detachment unit of the 69th Infantry Battalion in the barangay hall of Sapang. In the Amparo case, he said he was brought to an unfinished house inside the compound of Kapitan.

Aside from this, the RTC said Raymond testified that two armed men wearing camouflage pants took him, differing from his affidavit where he stated that armed men wearing fatigue pants took him.

Further, the Court said he also did not mention or aver that they saw, talked to, or met Palparan in the places where they were brought after they were abducted, except in Sapang and Camp Tecson.

The RTC also said that Raymond was not able to describe the physical features of Palparan.

It also noted that Raymond “did not show a high level of certainty in his alleged identification” of Palparan.

“The inconsistencies in the statements of Raymond, who is the prosecution’s sole witness, on material points relative to the elements of the crimes charged and as to the identity of the accused, significantly erode the credibility of his testimony,” the court said.

“With the probative value of the testimony of the prosecution's lone witness greatly diminished, the cause of the prosecution was greatly weakened engendering reasonable doubt,” it added.

In a statement, the National Union of Peoples’ Lawyers (NUPL) expressed disappointment with the outcome of the case, saying the story of the brothers tells of a "harrowing experience in the hands of their military captors."

“Theirs, however, is not only an account of what happened to them during those dark months of their captivity, but also a cautionary tale of what could happen to others who unwittingly enter the crosshairs of the military should violations of human rights by authorities be allowed to run rampant in an enabling climate of impunity,” it said.

“As we grapple with disappointment about the results of the case, we keep in our hearts Karen Empeño and Sherlyn Cadapan, the Manalo brothers’ once fellow captives in the hands of Palparan, et al., both still unfound and unable to tell their own stories, and whose absences were not enough to seal Palparan behind bars,” it added.

Despite this, the NUPL said that they will face the setback “with determination.”

"A determination to continue pursuing justice to the darkest corners, a determination, as lawyers, to meet injustice with resilience. For now, a heavy heart," it said.

Meanwhile, human rights group Karapatan also condemned the court decision, saying the testimonies of the brothers have been affirmed several times by many courts.

Karapatan stressed that a Malolos court has found Palparan guilty over the disappearance of Cadapan and Empeno, a case where the brothers stood as key witnesses.

“We are appalled at how this court crassly disregarded the history and legal battle that the case of the Manalo brothers have gone through for 16 years since he was abducted by Palparan's men in (2006),” it said.

“This court’s unspeakable, dastardly act invalidated the abduction, enforced disappearance, torture, and sufferings endured by the Manalo brothers. Is this part of a grand scheme that will enable Palparan et.al.’s pardon in the near future?” It added.

For Karapatan, the case of the brothers shows “how lopsided the justice system is.”

It also expressed its support to the Manalo siblings and all survivors of abduction and torture.

“We encourage the victims, their loved ones, and the public to uphold and defend the rights of those who were wronged by the State and to stand resolute amid pervasive impunity and continuing rights violations, as we reaffirm our commitment to help in pursuing full accountability of all violators of human rights and international humanitarian law,” it said.

Palparan has been detained at the New Bilibid Prison since 2018 for the kidnapping and serious illegal detention of University of the Philippines students Empeño and Cadapan in 2006. The two still remain missing.

The retired military official was convicted by a Bulacan court and sentenced to reclusion perpetua. The conviction was affirmed by the Court of Appeals in June 2022.—Joahna Lei Casilao/AOL, GMA Integrated News