NUPL Appeals Malolos RTC’s Acquittal of Palparan
The National Union of Peoples’ Lawyers (NUPL) has appealed to the Malolos Regional Trial Court (RTC) to overturn its recent decision that cleared former Army Maj. Gen. Jovito Palparan and three others of kidnapping and torturing farmer siblings, Raymond and Reynaldo Manalo, in 2006.
In their 35-page reconsideration plea, the NUPL argued that the evidence presented against Palparan and the co-defendants – Michael Dela Cruz, Marcelo Dela Cruz, and Maximo Dela Cruz, all affiliated with the Civilian Active Auxiliary (CAA) – was compelling enough to prove an alleged conspiracy and their purported criminal roles.
However, Judge Francisco Felizmenio of Malolos RTC Branch 19, in his October 6 ruling, stated that the prosecution couldn’t conclusively establish a conspiracy involving Palparan and the trio.
The court also highlighted discrepancies in the testimony of the prosecution’s primary witness, Raymond, especially regarding his alleged abduction and detention by the defendants.
The court expressed skepticism over Raymond’s claim of identifying Palparan in a dimly lit basketball court in Barangay Sapang, San Miguel, Bulacan, during the early hours.
The NUPL’s motion emphasized Palparan’s high-profile status, noting, “Given Palparan’s significant role in the government’s aggressive anti-insurgency efforts during ex-President Gloria Macapagal-Arroyo’s tenure, it’s plausible that many Filipinos recognize him from media coverage.”
The court also found Raymond’s description of nearby structures around the basketball court questionable. The NUPL countered, stressing that Raymond’s focus was on identifying Palparan, whom he consistently claimed to have met at the basketball court.
The Manalo brothers allege that they were kidnapped by military personnel in San Ildefonso, Bulacan, in 2006. Raymond recounted being held for over a year in different military bases in Southern Luzon before escaping in August 2007.
He also claimed to have encountered two missing UP students, Sherlyn Cadapan and Karen Empeño, during his captivity, witnessing them being tortured.
In 2007, the Court of Appeals deemed Raymond’s testimony as “clear, consistent, and convincing,” directing the military to present the students. In 2018, another branch of the Malolos RTC found Palparan and his co-defendants guilty of kidnapping and serious illegal detention related to the missing UP students, sentencing them to up to 40 years in prison.
The court also ordered Palparan and his co-defendants to compensate the families of Cadapan and Empeño with P300,000 each for civil and moral damages. The two students, presumed deceased, were reportedly kidnapped in Barangay San Miguel, Hagonoy, Bulacan, in June 2006.