By Ronron
March 21, 2007
An officer of the Commission on Human Rights (CHR) has cleared retired Maj. Gen. Jovito Palparan, Jr. from allegations that he abused his power as commander of the Philippine Army’s 7th Infantry Division by allegedly sanctioning human rights violations in his area of responsibility.
In a 20-page resolution, CHR Commissioner Eligio Mallari said complainants from Karapatan-Gitnang Luzon (Central Luzon), and Mothers and Relatives Against Tyranny (MARTYR) failed to cite specific allegations against Palparan.
“A careful scrutiny of the complaint shows that there is no specific allegation made against the NOLCOM (Northern Luzon Command) Commander (Lt. Gen. Bonifacio Ramos), and Maj. Gen. Jovito Palparan. They were impleaded in the charge in their official capacity as the NOLCOM and 7th Infantry Division commanders, respectively,” Mallari wrote.
Karapatan-GL and Martyr brought up alleged human rights violation cases against Ramos, Palparan and several other military officers that allegedly happened from 2004 until last year.
But Mallari said the complainants merely tagged Tolentino and Palparan as “key implementers of the Government’s counter-insurgency program called Operational Plan (OPLAN) Bantay Laya.”
Palparan has been called by militant groups as “No. 1 violator of human rights” and “butcher,” among others, as he allegedly masterminded several harassments and killings of activists starting his stint as brigade commander in Mindoro in 2001 until he retired in September last year.
He has consistently denied the allegation, and challenged his accusers to bring out evidence and charge him before any court.
In earlier interviews, Palparan said he surmised that the title attached to his name is part is a major propaganda effort of the Communist Party of the Philippines (CPP) and its sympathizers in the legal front as he claimed he is winning in his counter-insurgency campaigns wherever he is assigned.
“Well-settled is the rule that bare allegations, unsubstantiated by evidence, are not equivalent to proof. It is a basic rule on evidence that he who alleges a fact has the burden to prove the same,” Mallari said.
“With the aforecited reasons, the complaint against Lt. Gen. Bonifacio Ramos and Maj. Gen. Jovito Palparan must necessarily fail,” he added.
The same resolution also cleared from the same allegations Col. Ricardo Visaya, then commander of the 69th Infantry Battalion; Lt. Col. Noel Clement, then commander of the 56th Infantry Battalion; Lt. Col. Joselito Kakilala, then commander of the 48th Infantry Battalion; Lt. Col. Gregory Cayetano, then commander of the 71st Infantry Battalion; Lt. Col. Felipe Anotado, then commander of the 24th Infantry Battalion; 1Lt. Roselio Cabarliza and 1Lt. Romeo Publico of the 24th IB.
Similar complaints against Supt. Rizalino Andaya, chief of police of Ubando, Bulacan, and Lt. Col. Edito Nisnisan of the 70th IB were also dismissed by Mallari for lack of merit.
“It is lamentable that these human rights violations averred in the complaint by Karapatan and Martyr cannot be proven with sufficiency,” Mallari said.
But Mallari found “prima facie evidence” against Lt. Elmer Taglinawan, who was accused of harassing a pastor and his two daughters in Nueva Ecija middle of last year on suspicion that they were members of the New People’s Army (NPA).
Mallari recommended the filing of case against Taglinawan, who belongs to the 48th IB, before the proper forum.
He also directed the CHR III to strictly monitor the cases against two enlisted personnel.
Sought for comment on the CHR’s findings on Palparan, Defense Undersecretary Ernesto Carolina said the allegations against Palparan should now become a “close story.”
“The CHR is an independent body. So, if (he was) cleared by the CHR, the CHR must have studied the case properly, all the facts… That vindicates him,” said Carolina, himself a retired general.
“Now that his name has been cleared by the CHR, that should close the whole story. We should be fair to Gen. Palparan,” he added.
Carolina admitted that from the start, the defense department has “never doubted” Palparan.
He said it was unfortunate that Palparan “was tried by publicity,” which, he said, was unfair.
“In other words, their (Palparan’s critics) propaganda did not pay off,” Carolina said.
Mallari’s report was dated January 31, 2007, but its disclosure was purposely withheld until after United Nations Special Rapporteur Philip Alson completed his investigation last February to avoid a “messing up of the situation.”
Until after it is adapted by the CHR en banc, the report will remain as Mallari’s and not of the entire body, explained Marie Cruz of the CHR Public Information Office./DMS
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