Palparan acquitted on kidnapping, illegal detention charges

MANILA, Philippines (Updated 6:59 p.m.) — Retired Maj. Gen. Jovito Palparan has been acquitted by the Malolos Regional Trial Court Branch 19 on charges of kidnapping, serious illegal detention, and serious physical injuries.

The charges had been brought against him a decade ago by farmers Raymond and Reynaldo Manalo.

Accompanied by their legal representatives from the National Union of People’s Lawyers (NUPL) and the parents of Sherlyn Cadapan and Karen Empeño, the Manalo brothers were shocked by the unexpected verdict.

NUPL, who have been advocating for the Manalo brothers, expressed their disbelief at the court's decision, calling it "unbelievable." 

“It would be tremendously difficult to explain to the Manalo brothers, the parents of still missing Karen and Sherryl and countless others he had red-tagged and victimized how they cannot seek legal redress despite the 'credible, categorical and convincing' accounts that even the appellate courts have priorly established,” Edre Olalia, chairman of the National Union of People’s Lawyers said in a statement.

“It is even a huge challenge to make sense of how he can be earlier convicted mainly on the basis of the testimony of the same witness survivor by one court and years later would be acquitted on the same testimony in a separate case brought by the same said witness survivor in another court,” the statement added.

The legal dispute centers on Raymond Manalo's testimony during the kidnapping case of Cadapan and Empeño, which initially led to Palparan's conviction. 

'Unspeakable act'

Rights group KARAPATAN condemned the decision of the Malolos RTC, saying that the court disregarded the accounts of the Manalo brothers which the higher courts have affirmed.

In a statement released on Friday, the rights group expressed its disappointment with the court's ruling, calling it an "unspeakable act" that discredited the traumatic experiences of the Manalo brothers, including abduction, torture and suffering.

"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?" the group said in a statement.

"We continue to support the Manalo brothers and all survivors of abduction and torture for standing strong against these challenges. 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," the statement added.

Inconsistencies?

The RTC said that there have been inconsistencies between the affidavits filed by Manalo and his testimonies in court.

The court first cited a previous case with the same testimony of the Manalo brothers (The Secretary of National Defense, Et al. .v Raymond Manalo and Reynaldo Manalo, G.R. No. 180906, October 7, 2008.)

"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. These inconsistencies of the lone witness cannot be taken lightly as it will cast doubt as to the true identity of the assailants and the credibility of the lone witness," the decision read.

First, the court pointed out a difference in Raymond's testimony, where he mentioned being "dragged to Reynaldo's house," unlike the case where he was said to be taken in a white L300 van.

The court also noted a disparity in the place of their detention, citing the same case.

The third, fourth and eighth reasons showed inconsistencies in Raymond's encounters with Palparan, including an inconsistent 2007 affidavit describing their first meeting at a basketball court.

In an interview after the verdict, Raymond expressed disbelief, as higher courts had previously supported their case using the same testimonies.

"Hindi ako susuko hangga't hindi ko nakakamit ang tunay na hustisya para sa akin at para sa ibang kasamahan kong nalabag ang karapatang pantao (I won't give up until we achieve genuine justice for myself and all those whose rights were violated)," he said.

Palparan, who served under former President Gloria Arroyo, has long been controversial for his involvement in anti-insurgency efforts that were criticized for alleged abuses and killings.