Judge rejects Palparan bid for new probe

MANILA, Philippines - The Department of Justice (DOJ) yesterday scored against retired Army Maj. Gen. Jovito Palparan in the case against him before the Malolos City court over the alleged enforced disappearance of University of the Philippines student-activists Sherlyn Cadapan and Karen Empeño in 2006.

This, after Judge Teodora Gonzales of the Malolos Regional Trial Court Branch 14 dismissed Palparan’s motion seeking another preliminary investigation by the DOJ on the charges of kidnapping and illegal serious detention filed against him.

In a nine-page omnibus order, Gonzales also junked Palparan’s bid to suspend the proceedings, recall the arrest warrant and hold departure order it issued against him and the other accused.

“When the information filed against the accused is valid on its face and absent any manifest error, grave abuse of discretion or prejudice on the part of the panel of prosecutors, the courts must respect the exercise of such discretion in the determination of probable cause,” the court ruled.

Gonzales dismissed Palparan’s claim that his constitutional right to due process was violated because he was not informed by the charges for which he was investigated.

Still in hiding, Palparan filed the motion through his lawyer and questioned the charges filed against him.

He argued that they were only investigated for rape, serious physical injuries, arbitrary detention, maltreatment of prisoners, grave threats, grave coercion, and violation of the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Punishment.

But the court said it conducted its own judicial determination of probable cause and agreed with the DOJ findings after a review of the evidence and documents submitted by both camps.

The court already dismissed last January Palparan’s earlier motion seeking to stop his indictment. Gonzales cited his hiding from the authorities, saying Palparan cannot seek such relief until he surrenders and submits himself to the jurisdiction of the court.

The government has put up a P1-million bounty for Palparan’s arrest.

Indicted along with Palparan are Army S/Sgt. Edgardo Osorio, Lt. Col. Felipe Anotado of the 25th Infantry Battalion, and retired M/Sgt. Rizal Hilario of the 24th Infantry Battalion.