“The battle for Palparan’s real detention maybe far from his long sought conviction, but the mothers of Karen Empeño and Sherlyn Cadapan do not compromise in every step of the way. And we are with them,” Cristina Palabay, Karapatan secretary general said. Their group, with the National Union of Peoples’ Lawyers (NUPL), announced today that mothers Linda Cadapan and Concepcion Empeno filed last Thursday, November 20, a Motion for Certiorari to the Court of Appeals.
“The battle for Palparan’s real detention maybe far from his long sought conviction, but the mothers of Karen Empeño and Sherlyn Cadapan do not compromise in every step of the way. And we are with them,” Cristina Palabay, Karapatan secretary general said. Their group, with the National Union of Peoples’ Lawyers (NUPL), announced today that mothers Linda Cadapan and Concepcion Empeno filed last Thursday, November 20, a Motion for Certiorari to the Court of Appeals.
The motion asked the Appellate court to “annul and set aside” the order of Judge Teodora Gonzales of Malolos RTC Branch 14 to commit Gen. Jovito Palparan to Philippine Army Custodial Center (PACC) and issue a new order transferring the accused general to a civilian jail.
Cadapan and Empeño, through the NUPL argued, “Retired military officer, who is considered a civilian, is not entitled to military custody.”
“In the case at bar, neither is the offense, kidnapping with serious illegal detention under the Revised Penal Code—covered by the Articles of War, nor is respondent Palparan subject to military law. Considered a civilian charged under civilian law, it cannot be made plainer that allowing respondent Palparan to stay in military detention is a treatment special if not extraordinary from that of other falling in the same classification,” motion stated.
The Malolos court’s basis to transfer Gen. Palparan to PACC for alleged threat to life, was according to the motion, is unsubstantiated. “Civilian detention facility under the Bureau of Jail Management and Penology is well equipped to guard the safety of Butcher Gen. Palparan,” Palabay said.
During the hearing, more than a hundred people from people’s organizations in Southern Tagalog were also present as solidarity to the mothers of the missing students. Some of them were victims or kin of victims of Palparan.
In 2003, Southern Tagalog, specifically Mindoro Oriental became the laboratory of Palparan-style of terror, killing 39 activists and peasants including human rights worker Eden Marcellana and peasant leader Eddie Gumanoy.
“We will not allow the BS Aquino government to continue babying “The Butcher” Gen. Jovito Palparan. We owe it to activists Karen Empeno and Sherlyn Cadapan, their mothers and all the victims and their kin who are relentless in their pursuit of justice,” Palabay said. ###