The Department of Justice, joined by private groups, opposed the transfer to a military camp of two co-accused of retired Gen. Jovito Palparan Jr., whom leftist groups tagged The Butcher, in the alleged kidnapping of two students in 2006.
Justice Secretary Leila de Lima said she directed the state prosecutors handling the case to
file a petition before the Malolos, Bulacan regional trial court to prevent Lt. Col. Felipe Anotado and S/Sgt. Edgardo Osorio from being transferred to a military camp.
“They should be detained in a civilian facility such as, for example, the National Police Custodial Center in Camp Crame or Camp Bagong Diwa in Bicutan (Taguig),” De Lima said.
Malolos RTC Branch 14 Judge Teodora Gonzales on Friday approved the transfer of Anotado and Osorio to the custody of the Philippine Army headquarters in Fort Bonifacio, Taguig City from the Bulacan Provincial Jail.
The Malolos City court earlier ordered the arrest of Palparan, Anotado, Osorio and M/Sgt. Rizal Hilario following the filing of charges against them, in connection with the alleged abduction of UP students Karen Empeno and Sherlyn Cadapan in June 2006.
Anotado and Osorio surrendered to authorities a day after Gonzales issued a warrant for their arrest while Palparan, a party-list lawmaker, and Hilario remained at large.
The DoJ panel led by State Prosecutor Juan Pedro Navera had recommended the filing of criminal charges against Palparan expressed surprised that Anotado and Osorio were brought to the Army headquarters without their knowledge.
Navera stressed that the DoJ was not furnished with a copy of Gonzales’ supposed order which allowed the pair to be placed under military custody.
“We will inquire first why we have not received any notice and the order directing the transfer to the Army custody and why the Army itself did not inform the DoJ,” Navera said.
He said even the Armed Forces Provost Marshall “was looking for a copy” of Gonzales’ order.
“The accused have their own lawyers. The DoJ is hoping the Army is not lawyering for them. We have to strike a balance between the need to avoid any special treatment for the accused with the issue of their personal security while in detention,” Navera stressed.
Navera’s fears were shared by private prosecutors who accused the military of coddling the suspects.
“This is unacceptable,” said lawyer Edre Olalia of the Union of People’s Lawyers.
The UP Student Regent represented by Krissy Conti, said Palparan could have also taken refuge in his former comrades in the military.
Meanwhile, retired general Raul Urgello, the president of the Association of Generals and Flag Officers, sought to stop what he called the campaign to villify Palparan through trial by publicity. The former Army general is entitled to due process, Urgello said.
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