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Court acquits Palparan over kidnapping, torture of two farmers

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Vivienne Gulla, ABS-CBN News

MANILA (UPDATED) — A Malolos City Regional Trial Court on Friday acquitted retired Major General Jovito Palparan Jr. and three other accused in the kidnapping and torture of farmer brothers Raymond and Reynaldo Manalo in 2006 and 2007.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/06/05/22/ca-affirms-palparan-conviction-on-abduction-of-students">Court of Appeals affirms Palparan conviction for kidnapping, detention of 2 students</a></li></ul>Malolos RTC Branch 19 Presiding Judge Francisco Felizmenio dismissed on Friday the charges of kidnapping and serious illegal detention with serious physical injuries against Palparan and CAFGU Auxiliaries Michael Dela Cruz, Marcelo Dela Cruz and Maximo Dela Cruz “on the ground of reasonable doubt”.The court said it saw inconsistencies in the statements of the prosecution’s lone witness, Raymond, regarding some details related to his experiences when he was kidnapped and detained.The court further noted that “Raymond did not show a high level of certainty” when he identified Palparan as the perpetrator and that his degree of attention when he was kidnapped was “questionable”. It expressed doubts whether the complainant had a good opportunity to view the perpetrator in a dark basketball court in Barangay Sapang, San Miguel, Bulacan, where they supposedly met between midnight and 3:00 in the morning. It said that doubt exists, not on the fact that the crime happened, but rather on the identity of the accused.The court also said that the prosecution failed to prove beyond reasonable doubt the alleged conspiracy between Palparan and the three other accused.“In the cases at bar, the court cannot help but notice the inconsistencies between the affidavits executed by Raymond and his testimony in open court relative to the identity and description of the perpetrators, description of the place where Raymond and General Palparan met in a basketball court in Sapang, of the manner how the Manalo brothers were brought to the basketball court and some other material points that affect the veracity of Raymond&#x27;s narrative,” the decision read.“The inconsistencies in the statements of Raymond, who is the prosecution’s lone witness, on material points relative to the elements of the crimes charged and as to the identity of the accused, significantly erode the credibility of his testimony. With the probative value of the testimony of the prosecutions’ lone witness greatly diminished, the cause of the prosecution was greatly weakened engendering reasonable doubt,” it added.“Ordinary human experience dictates that a two-star general and division commander would not visit a critical place in the wee hours of the morning and meet an ordinary person just to introduce himself and to tell the said person to relay to his parents not to attend hearings, rallies and not to talk to Karapatan,” the court noted.“A conviction of a criminal case must be supported by proof beyond reasonable doubt- moral certainty that the accused is guilty. The defense may be weak, but the prosecution is even weaker,” It further said.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/10/01/18/palparan-must-be-transferred-to-bilibid-palace">Palparan must be transferred to Bilibid: Palace</a></li></ul>Complainant Raymond Manalo is a surviving witness-victim in the kidnapping of UP students Sherlyn Cadapan and Karen Empeño in 2006. He and his brother were kidnapped in San Ildefonso, Bulacan. Raymond said they suffered torture while being interrogated, and transferred to various military camps for 18 months.After Friday’s promulgation, Manalo rushed out of the court room, visibly distraught and emotional. He was hugged by supporters, who waited outside the building. The group staged a rally condemning the decision of the Malolos RTC Branch 19.Raymond admitted he was deeply hurt by the unfavorable court ruling, but noted that he will continue to seek justice for himself and for others, who suffered human rights violations.“Sobrang sakit para sa akin ‘yun. Sa lahat naman ng kaso na ifinile ng Cadapan-Empeno, halos pinaniwalaan ako ng matataas na korte. Pagdating dito sa RTC Branch 19, nakakapagtaka bakit iaacquit,” he said.“Tuloy ang laban. Hindi ako titigil, hindi ako susuko, hangga&#x27;t hindi ko nakakamit ang tunay na hustisya para sa akin, para sa ibang mga kasamahan kong nalabag ang karapatang pantao,” Manalo added.“May isang remedy pa na ibinibigay sa mga nagrereklamo para i-pursue ang kaso nila na hindi papasok bilang double jeopardy. Siguro ang unang gagawin namin, motion for reconsideration sa kaso, dahil mayroon kaming written authority mula sa office ng provincial prosecutor ng Bulacan, tingin ko, hindi na namin kailangan ‘yung conformity ng office ng provincial prosecutor ng Bulacan, para mag-file ng motion for reconsideration,” Private Prosecutor Julian Oliva Jr. noted.In a statement, National Union of Peoples&#x27; Lawyers Chairperson Edre Olalia said the ruling was &quot;simply unbelievable if not disturbingly shocking.&quot;&quot;It is even a huge challenge to make sense of how he can be earlier convicted mainly on the basis of the testimony of the same witness survivor by one court and years later would be acquitted on the same testimony in a separate case brought by the same said witness survivor in another court,&quot; Olalia said.Palparan, who attended Friday’s promulgation virtually, will remain in prison after being convicted in 2018 for the abduction and serious illegal detention of Cadapan and Empeño. Labelled as a &quot;butcher&quot; by activists, Palparan was a star in the anti-communist drive called &quot;Oplan Bantay Laya&quot; under then President Gloria Macapagal Arroyo. <ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/focus/09/18/18/fall-of-the-butcher-reckoning-comes-for-palparan-after-12-years">Fall of the &#x27;Butcher&#x27;: Reckoning comes for Palparan after 12 years</a></li></ul>

The decision was handed down by the Malolos City Regional Trial Court Branch 19.

Court acquits Palparan over kidnapping, torture of two farmers

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Court acquits Palparan over kidnapping, torture of two farmers

Vivienne Gulla,

ABS-CBN News

Published October 06, 2023 04:13 PM PHT

|

Updated October 07, 2023 02:32 AM PHT

Read More:

Jovito Palparan

Palparan

kidnapping

serious illegal detention

serious physical injuries

RTC

Bulacan

Malolos

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