FORMER Army officer Jovito Palparan’s appeal to halt the implementation of the Malolos Regional Trial Court’s decision that ordered his transfer to the New Bilibid Prison (NBP) has been denied.
Justice Secretary Menardo Guevarra announced this on Tuesday, October 2.
“The RTC-Malolos Branch 15 has denied General Palparan’s motion to hold the implementation of the mittimus or commitment order, citing SC-OCA circular no.163-2013 which directs all trial court judges to cause the immediate transfer of convicted persons to the NBP, regardless of the pendency of a motion for reconsideration or an appeal,” Guevarra said.
Guevarra said Armed Forces of the Philippines chief of staff Carlito Galvez Jr. assured him that the AFP will comply with the order of the court “immediately.”
“I have personally discussed the matter with AFP chief Galvez, who has assured me that the AFP custodial center will immediately comply, without prejudice to the resolution of any further judicial review,” he said.
On September 17, the Malolos RTC Branch 15 ordered the military to commit Palparan to the New Bilibid Prison.
The court had found Palparan, a former Army major general, guilty of two counts of kidnapping and serious illegal detention over the disappearance of University of the Philippines students Sherlyn Cadapan and Karen Empeño in 2006.
Despite the order, Palparan is still under the military’s custody.
The military defied the court’s commitment order saying they still have to wait for the court’s answer on their clarification on which court decision will prevail.
Another court, Malolos RTC Branch 19, earlier ordered the military to place Palparan under their custody pending the resolution of the latter’s case over the disappearance of the Manalo brothers.
Earlier Tuesday, opposition lawmaker Edcel Lagman said he believed that Palparan was receiving special treatment.
“I think so because the prolongation of his custody in Fort Bonifacio will only tell us that he is enjoying some VIP treatment which he will not get at the NBP,” Lagman said in a press conference.
“The conviction of Palparan is a victory for the human rights cause and it is being derogated by the failure of the military establishment to transfer Palparan to the New Bilibid Prison where he belongs,” he further said.
Aside from the case in Branch 15, Palparan is facing a separate kidnapping case in Malolos RTC Branch 19 for the kidnapping of Raymond and Reynaldo Manalo. The said court earlier ordered Palparan to be placed under the military’s custody pending the resolution on his case. (SunStar Philippines)