REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS Second Regular Session

House Resolution No.

2055

Introduced by Kabataan Partylist Representative RAYMOND V. PALATINO

RESOLUTION ENJOINING ALL MEMBERS OF THE HOUSE OF REPRESENTATIVES TO SUPPORT AND PARTICIPATE IN STATE AND CITIZEN EFFORTS TO BRING TO JUSTICE RETIRED ARMY MAJOR GENERAL JOVITO PALPARAN JR. IN THE INTEREST OF UPHOLDING HUMAN RIGHTS AND THE RULE OF LAW WHEREAS, on December 19, 2011, Judge Teodora Gonzales of Bulacan Regional Trial Court Branch 14 issued a warrant for the arrest of retired Major General Jovito Palparan Jr. and three other military officers, who are charged for the disappearance of University of the Philippines students Karen Empeno and Sherlyn Cadapan in 2006; WHEREAS, the warrant penned by Judge Gonzales read: "Any officer of the law... [is] hereby commanded to arrest M/Gen. Jovito S. Palparan Jr... who stands before this Court for the crime of Violation of Article 267 of the Revised Penal Code as Amended by RA 7659 and to bring him/her before me as soon as possible to be dealt with in accordance with law." The trial court did not recommend bail for any of the four accused as the law states that the crimes of kidnapping and serious illegal detention are non-bailable offenses; WHEREAS, apart from Palparan, also ordered arrested were Lt. Col. Felipe Anotado Jr., S/Sgt Edgardo Osorio, and M/Sgt. Rizal Hilario; WHEREAS, prior to the issuance of the arrest war rant, the Department of Justice (DOJ) had earlier recommended in a 35-page resolution the indictment of Palparan for two counts of kidnapping and serious illegal detention in connection with the abduction of the still missing UP students. The DOJ resolution read: The panel concluded that the kidnapping and serious illegal detention of Sherlyn and Karen were done by Philippine Army officers, enlisted personnel and other unindicted co-conspirators, who committed the acts not in relation to their office but in violation of 'their sacred duty of protecting the people' and by acting 'outside their oaths of office, thereby acting as if they are private individuals"; 1

WHEREAS, on June 26, 2006, Karen, Sheriyn and farmer Manuel Merino were abducted by armed men from a house in San Miguel, Hagonoy, Bulacan. During that time, Palparan was the commanding general of the Army's 7thy Infantry Division whose mission was to conduct sustained Internal Security Operations in Central Luzon to neutralize the New People's Army. The UP students, who were then conducting research on the plight of Bulacan farmers, were tagged by men in uniform as members of the armed communist group; WHEREAS, the complaints against Palparan et al. were filed by the students' mothers, Erlinda Cadapan and Concepcion Empeno, who later filed petitions for a writ of habeas corpus at the Court of Appeals and a writ of amparo at the Supreme Court Justice Secretary Leila De Lima formed the preliminary investigation panel in June 2011 after the DOJ was tasked by both courts in May to investigate the case; WHEREAS, in finding probable cause to indict Palparan et al., the DOJ used as basis the testimony of farmer Raymond Manalo, who testified during the habeas corpus proceedings at the Court of Appeals in 2008 and positively identified several of the abductors and torturers. The DOJ said that "Palparan had a direct hand in the detention of Sherlyn and Karen and that through his men, he had knowledge and control of the places where the women were held"; WHEREAS, Palparan, who remains at large up to this day, went into hiding after the arrest warrant was issued by the Bulacan Regional Trial Court Branch 14. Prior to the release of the arrest warrant, the retired major general and former representative of Bantay Party-list in the 14th Congress had attempted to flee the country but was prevented by immigration officialsa strong indication of guilt as he tried to escape on the day that his case is to be raffled; WHEREAS, upon the directives of the DOJ Secretary, the National Bureau of Investigation, in coordination with the Philippine National Police-Criminal Investigation and Detection Group, are currently conducting manhunt operations against Palparan and his coaccused, Hilario, while Anotado and Osorio had voluntarily surrendered. A bounty of P1,000,000 has been put up by the government for the capture of Palparan and for anyone who can provide information leading to the arrest of the retired major general; WHEREAS, Malacanang itself has urged Palparan, who, according to Presidential Spokesperson Edwin Lacierda, is 'formerly so bold and brazen and lavishly coddled by the former administration", to immediately surrender and face the charges of kidnapping and serious illegal detention. Defense Secretary Voltaire Gazmin has also called on the former military official to surrender to authorities; WHEREAS, aside from the manhunt operations by police and other state forces, 2

sectoral groups, human rights advocates and UP students and alumni have launched a "people's manhunt" against Palparan to give justice to Karen and Sherlyn, who have remained missing since their disappearance five years ago. Among the efforts launched by private individuals and groups include putting up "Wanted Palparan" posters in various places, coordinating with local police, etc.; WHEREAS, bringing Palparan to justice for the Cadapan and Empeno kidnapping will be a big step toward attaining justice, not only for the two missing UP students, but also for the thousands who disappeared and who were killed through extrajudicial killings allegedly in the hands of uniformed men and other official agents of the law. Human rights groups have recorded more than 700 incidents of human rights violations in less than two years that Palparan was assigned to the region during Gloria Arroyo's all-out counterinsurgency program Oplan Bantay Laya; WHEREAS, in compliance with the constitutional provision stating that it is government policy to value the dignity of every human person and guarantee full respect for human rights and in upholding the commitment to democracy as stated in Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, members of the House of Representatives can do their share in the state and people's campaign to make accountable violators of human rights; WHEREAS, given the vast and strong presence of district representatives at the local level and the national character of the party-list, the duly elected representatives of the people can utilize the resources at their disposal to support and assist state forces in finding and arresting the fugitive Palparan; NOW THEREFORE BE IT RESOLVED, AS IT IS HEREBY RESOLVED, to enjoin all members of the House of Representatives to support and participate in state and citizen efforts to bring to justice retired Army Major Jovito Palparan Jr. in the interest of upholding human rights and the rule of law. Adopted,

HON. RA GND V. PALATINO Repress ive, Kabataan Partylist