SC's release order on UP activists to boost case vs military — HR group

A human rights group on Monday said that the Supreme Court's order for the military to release University of the Philippines student activists Sherlyn Cadapan and Karen Empeño will bolster the criminal charges filed against retired and active military officials in connection with the two activists' disappearance in 2006. "We welcome the Supreme Court's decision, especially because we have filed abduction charges at the Department of Justice. Definitely, this will strengthen the case," said Aya Santos, spokesperson of the group Desaparecidos (Disappeared), in a phone interview with GMA News Online. The activists' alleged abductors — led by former Major General Jovito Palparan — are facing a string of criminal charges filed by the mothers of Cadapan and Empeño at the DOJ. The other respondents are Lt. Col. Rogelio Boac (commanding officer of the 56th Infantry Battalion), Lt. Col. Felipe Anotado (commanding officer of the 25th Infantry Battalion), 2Lt. Francis Mirabelle Samson, Arnel Enriquez, M/Sgt. Rizal Hilario, and other members of the military. Last May 31, the Supreme Court upheld the Court of Appeals' September 2008 decision that ordered the respondents to release Cadapan, Empeño and their companion, Manuel Merino. The SC made the decision even if the military has repeatedly denied having the three under its custody. In its decision, the SC also said that the six men "shall remain personally impleaded in the petitions to answer for any responsibilities and/or accountabilities they may have incurred during their incumbencies." The SC, however, modified the CA ruling and said that the order for the release of the activists should be enforced right away. "Contrary to the ruling of the appellate court, there is no need to file a motion for execution for an amparo or habeas corpus decision. Since the right to life, liberty and security of a person is at stake, the proceedings should not be delayed and execution of any decision thereon must be expedited as soon as possible since any form of delay, even for a day, may jeopardize the very rights that these writs seek to immediately protect," the high court said. June 2006 abduction In June 2006, Cadapan, Empeño, and a Merino were abducted by suspected military men in Hagonoy, Bulacan on suspicion that they were members of the New People's Army, the armed wing of the Communist Party of the Philippines. In their complaint filed at the DOJ, the mothers accused Palparan and his subordinates of conspiracy over the alleged rape, torture, and illegal detention of Cadapan and Empeño. "While the abduction of Sherlyn and Karen were carried out by the unnamed elements of the 56th Infantry Battalion of the Philippine Army, it was clearly established that they were detained under the custody of the 24th Infantry Battalion and were tortured and raped by and under the knowledge and order of [Caiagas and Hilario]," read the complaint. — Sophia Dedace/KBK, GMA News