Palparan ordered by court to surrender
“If he is not guilty, why does he hide? He has to have the courage to face the truth.” – Mrs. Concepcion Empeño
By RONALYN V. OLEA
Bulatlat.com
MALOLOS, Bulacan – As long as retired Maj. Gen. Jovito Palparan Jr. remains at large, he could not seek relief from the court.
This was the decision of Judge Teodora Gonzales of the Bulacan Regional Trial Court Branch 14 in today’s hearing on the charges filed against Palparan and three other personnel of the Philippine Army in connection with the disappearance of two University of the Philippines (UP) students Karen Empeño and Sherlyn Cadapan.
Palparan, through his lawyer Narzal Mallares , filed an omnibus motion for preliminary investigation to quash the warrant of arrest and hold departure order issued against him for kidnapping and illegal detention charges.
“He has to surrender. The motion he filed cannot be acted upon,” Gonzales said during today’s hearing.
Members of the National Union of Peoples’ Lawyers (NUPL) who are serving as private prosecutors in the case welcomed the judge’s ruling. “He [Palparan] cannot have his cake and eat it too while trifling with the judicial and legal process,” the NUPL said in a text message.
Speaking to members of the media shortly after the hearing, Mrs. Erlinda Cadapan, mother of Sherlyn, said she was aghast that Palparan has not come out.
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Mrs. Erlinda Cadapan and Mrs. Concepcion Empeño call on retired Army
Maj. Gen. Jovito Palparan Jr. to face them in court. The two mothers
have been searching for their daughters for more than five years.(Photos by Ronalyn V. Olea / bulatlat.com) Mrs. Cadapan and Mrs. Concepcion Empeño, mother of Karen, have been searching for their daughters since the two were abducted, along with farmer Manuel Merino, on June 26, 2006 in Hagonoy, Bulacan.
Mrs. Empeño reiterated the call for Palparan to come out. “If he is not guilty, why does he hide? He has to have the courage to face the truth.”
Asked about the whereabouts of Palparan, Mallares said he has not communicated with his client the past few days. “We discussed the advantages and disadvantages of coming out. He has the final decision. The general feels he is being attacked personally,” Mallares said.
Mallares also slammed public statements against Palparan. “If the case is already in court, they should stop issuing statements that are not true. He is still presumed innocent until proven guilty.”
“He [Palparan] remains confident that he would obtain justice. We must see the good things he did for the country as a courageous soldier. He only served the country.
Accusations against him are mere speculations and without any basis,” Mallares said..... MORE
Source: Bulatlat.com
URL: http://bulatlat.com/main/2012/01/02/palparan-ordered-by-court-to-surrender/
1 comment
nalipat pala yung dalawang co.berdugs ni palparan sa army custody batay sa isang matanda at dapat ay superseded na order na. sus.
"In its ex-parte urgent manifestation and motion, the Philippine Army cites executive order 106 issued by the late president Manuel L. Quezon and then Interior Sec. Elpidio Quirino in 1937 as legal basis for the transfer. The order stated that active military personnel facing court martial proceedings are held in such facilities.
"In a motion for reconsideration, the DOJ panel said the Philippine Army has not shown how an ancient 1937 executive order superseded Rule 113 of the Revised Rules on Criminal Procedure. According to the rules, it shall be the duty of the arresting officer executing the warrant of arrest of the accused to deliver him to the nearest police station or jail without unnecessary delay."
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