Article posted September 18, 2008 - 08:02 PM
MANILA, Philippines - The Court of Appeals on Thursday ordered the military to release the two University of the Philippines (UP) students and a farmer it allegedly abducted in Bulacan two years ago.
This was after the appellate court ruled that there is sufficient evidence that the Armed Forces of the Philippines (AFP) is still holding students Sherlyn Cadapan and Karen Empeño, and farmer Manuel Merino in custody.
The three were abducted by suspected military men on June 26, 2006 in Hagonoy, Bulacan on suspicion that they are members of the New People's Army (NPA).
The 33-page ruling, penned by Associate Justice Jose Catral Mendoza, in effect reversed the court's June 2007 decision dismissing the writ of habeas corpus petitions filed by the families of the three missing persons.
In the ruling, the CA's Special Former 11th Division said they consider the testimony of
Raymond Manalo, who, together with his brother Reynaldo, was a victim of military abduction and torture.
In his testimony, which was submitted by the petitioners upon a motion for reconsideration, Manalo said he and his brother saw Cadapan and Empeño during their captivity in Southern Tagalog between February 14, 2006 until their escape on August 13, 2007.
The CA said with the additional testimony of Manalo, petitioners have been able to convincingly prove the fact that the three victims are being detained by the military.
"The testimony of Raymond Manalo can no longer be ignored and brushed aside. His narration and those of the earlier witnesses, taken together, constitute more than substantial evidence warranting an order that the three be released from detention if they are not being held for a lawful cause. They may be moving from place to place but still they are considered under detention and custody of the respondents," the CA said.
The appellate court also directed the Philippine National Police to finish its investigation into the disappearance of the three and to file appropriate charges against those responsible.
The CA however clarified that the ruling is not against the military in general but only against "a few misguided self-righteous people who resort to the extrajudicial process of neutralizing those who disagree with the country's democratic system of government."
Named respondents in the petitions for habeas corpus and amparo were retired Army Major Gen. Jovito Palparan, former commanding general of the Army's 7th ID based at Fort Magsasay, Laur, Nueva, and was dubbed "executioner" by his enemies; Maj. Gen. Romeo Tolentino, commander of Northen Luzon Command; Lt. Francis Mirabelle Samson, commander of the Barangay Mercado Detachment in Hagonoy; and a certain Arnel Enrique.
Palparan has since retired from office and even ran as representative of an administration-backed party-list group.
The CA said troops from the Army's 7th Division appeared to have "appointed themselves as protective guardians of the Republic whose precious principles, however, they have dishonored by ignoring the rights and liberties of its own citizens."
Not being held for any lawful cause, the CA said the UP students should be immediately released from detention.
Based on Manalo's affidavit, six armed men in military uniform abducted him and his brother on February 14, 2006 from their place in Buhol na Mangga village in San Ildefonso, Bulacan.
From there, they were moved from one place to another, particularly military camps and detachments, including Fort Magsaysay and a detachment in Sapang, San Miguel, Bulacan, where they allegedly met Palparan.
From Sapang, he was sparated from his brother and transported to Camp Tecson under the custody of the 24th Infantry Battalion. From there he was moved to a place he later learned was a training detachment of the Scout Rangers.
He said it was in this training detachment where he met Cadapan, who was also being detained by the military and whose feet were chained to a double bed.
During their conversation, Cadapan told him that she was abducted from Hagonoy Bulacan and was subjected "to the gravest torture.''
After a week, he was reunited with his brother who also brought to the camp, where they stated from September 2006 until November 22, 2006. Three days after, he said Empeño and Merino were also brought to the said camp.
Raymond further narrated that she saw Cadapan being subjected to more torture like water treatment through nose and electric shocks. He also claimed having witnessed to the burning of Merino.
In its June 2007 decision, the CA merely admonished Palparan and his men at the 7th ID for withholding information and inconsistencies in their testimonies regarding the abduction and disappearance of Cadapan, Empeño and Merino.
The CA had earlier dismissed the petition for habeas corpus filed by the family of missing UP students on the ground that it was not the proper remedy in the case.
The appellate court, however, ordered the Commission on Human Rights, the National Bureau of Investigation, and the PNP to conduct separate investigations on the case due to the obvious inconsistencies in the testimonies of the respondents. - GMANews.TV
This was after the appellate court ruled that there is sufficient evidence that the Armed Forces of the Philippines (AFP) is still holding students Sherlyn Cadapan and Karen Empeño, and farmer Manuel Merino in custody.
The three were abducted by suspected military men on June 26, 2006 in Hagonoy, Bulacan on suspicion that they are members of the New People's Army (NPA).
The 33-page ruling, penned by Associate Justice Jose Catral Mendoza, in effect reversed the court's June 2007 decision dismissing the writ of habeas corpus petitions filed by the families of the three missing persons.
In the ruling, the CA's Special Former 11th Division said they consider the testimony of
Raymond Manalo, who, together with his brother Reynaldo, was a victim of military abduction and torture.
In his testimony, which was submitted by the petitioners upon a motion for reconsideration, Manalo said he and his brother saw Cadapan and Empeño during their captivity in Southern Tagalog between February 14, 2006 until their escape on August 13, 2007.
The CA said with the additional testimony of Manalo, petitioners have been able to convincingly prove the fact that the three victims are being detained by the military.
"The testimony of Raymond Manalo can no longer be ignored and brushed aside. His narration and those of the earlier witnesses, taken together, constitute more than substantial evidence warranting an order that the three be released from detention if they are not being held for a lawful cause. They may be moving from place to place but still they are considered under detention and custody of the respondents," the CA said.
The appellate court also directed the Philippine National Police to finish its investigation into the disappearance of the three and to file appropriate charges against those responsible.
The CA however clarified that the ruling is not against the military in general but only against "a few misguided self-righteous people who resort to the extrajudicial process of neutralizing those who disagree with the country's democratic system of government."
Named respondents in the petitions for habeas corpus and amparo were retired Army Major Gen. Jovito Palparan, former commanding general of the Army's 7th ID based at Fort Magsasay, Laur, Nueva, and was dubbed "executioner" by his enemies; Maj. Gen. Romeo Tolentino, commander of Northen Luzon Command; Lt. Francis Mirabelle Samson, commander of the Barangay Mercado Detachment in Hagonoy; and a certain Arnel Enrique.
Palparan has since retired from office and even ran as representative of an administration-backed party-list group.
The CA said troops from the Army's 7th Division appeared to have "appointed themselves as protective guardians of the Republic whose precious principles, however, they have dishonored by ignoring the rights and liberties of its own citizens."
Not being held for any lawful cause, the CA said the UP students should be immediately released from detention.
Based on Manalo's affidavit, six armed men in military uniform abducted him and his brother on February 14, 2006 from their place in Buhol na Mangga village in San Ildefonso, Bulacan.
From there, they were moved from one place to another, particularly military camps and detachments, including Fort Magsaysay and a detachment in Sapang, San Miguel, Bulacan, where they allegedly met Palparan.
From Sapang, he was sparated from his brother and transported to Camp Tecson under the custody of the 24th Infantry Battalion. From there he was moved to a place he later learned was a training detachment of the Scout Rangers.
He said it was in this training detachment where he met Cadapan, who was also being detained by the military and whose feet were chained to a double bed.
During their conversation, Cadapan told him that she was abducted from Hagonoy Bulacan and was subjected "to the gravest torture.''
After a week, he was reunited with his brother who also brought to the camp, where they stated from September 2006 until November 22, 2006. Three days after, he said Empeño and Merino were also brought to the said camp.
Raymond further narrated that she saw Cadapan being subjected to more torture like water treatment through nose and electric shocks. He also claimed having witnessed to the burning of Merino.
In its June 2007 decision, the CA merely admonished Palparan and his men at the 7th ID for withholding information and inconsistencies in their testimonies regarding the abduction and disappearance of Cadapan, Empeño and Merino.
The CA had earlier dismissed the petition for habeas corpus filed by the family of missing UP students on the ground that it was not the proper remedy in the case.
The appellate court, however, ordered the Commission on Human Rights, the National Bureau of Investigation, and the PNP to conduct separate investigations on the case due to the obvious inconsistencies in the testimonies of the respondents. - GMANews.TV
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