But Lt. Col. Hermilo Barrios, of the Judge Advocate General’s Office (JAGO), who represented the Armed Forces in the CHR inquiry, told The STAR that the commission is not the proper forum to respond to the allegations of the human rights group Karapatan.
Palparan’s field commanders attended the inquiry held at City Hall here, but all refused to be questioned by the CHR panel headed by Commissioner Quintin Cueto III.
Instead, Barrios submitted to the panel an affidavit stating that the commission "is not the proper body according to the revised law in criminal procedures."
Palparan was not present during the inquiry as he was reportedly in the hospital to visit his sick wife.
In an interview, Barrios said the police should be the one to investigate any alleged crime in a given area.
"If the police are suspected to be partial to the Armed Forces, then the DOJ (Department of Justice) or the NBI (National Bureau of Investigation) can step in. The DOJ has the power to refer crimes to regional trial courts," he said.
In refusing to respond to the CHR’s queries, CHR lawyer Stephen Cascolan said the military is violating the Constitution which "mandates" the commission to conduct inquiries into human rights violations.
Cascolan also cited the CHR’s newly published rules empowering it to declare in contempt those who refuse to recognize its authority.
He said the JAGO also invoked the right of Palparan’s men to remain silent.
"Their affidavit also said that the complaints were insufficient in form," he added.
The CHR decided to give the 7th ID field commanders 15 days within which to explain why they should not be cited in contempt. The order excluded Palparan who was considered to have a valid excuse.
But Barrios argued that only Congress or the court has the power to declare anyone in contempt.
Col. Ricardo Visaya, commander of the 69th Infantry Battalion, questioned the procedures of the CHR panel, as he noted the absence of formal complaints against them.
"There was no police investigation in the cases. We are being charged with murder, abductions and other capital offenses without basis. We are denying the accusations," he said.
Based on CHR records, at least 26 militants have been killed while 12 others have been abducted and are still missing in Central Luzon.
The other day, nine witnesses, including alleged victims themselves, testified before the CHR panel and submitted affidavits implicating Palparan’s men in killings, harassment and other human rights violations.
CHR Commissioner Eligio Mallari said the commission could help the complainants file cases in court if it could establish prima facie evidence.
Identified in their complaints were 1Lt. Elmer Taglinawan and Sgt. Arnel Libandino, both of the 48th Infantry Battalion; Sgt. Rollie Castillo of the 24th IB; 2Lt. Edson Abello and 2Lt. Edson Abello, both of the 56th IB; a certain Lt. Madrid and 1Lt. Rubilino Cabarliza, of the Charlie and Delta Company, respectively, of the 71st IB; and a certain Lt. Cordero of the 24th or 56th IB.