Revocation of Trillanes' Amnesty 'Clear Act of Revenge' - Alejano

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Revocation of Trillanes' amnesty 'clear act of revenge' – Alejano

MANILA, Philippines (2nd UPDATE) – Magdalo Representative Gary Alejano condemned the revocation of the
amnesty granted to Senator Antonio Trillanes IV, calling it "political persecution" of President Rodrigo Duterte's
fiercest critic.

"Matagal na nating narinig na gusto nilang gawin 'yun. Pinag-aralan nila at maliwanag na political persecution
'yan. 'Yan ay amnesty na binigay sa lahat," said Alejano on Tuesday, September 4.

(We have long heard that they wanted to do this. They studied it and this is clearly a case of political persecution.
That was amnesty given to all.)

On August 31, Duterte signed Proclamation No. 572 declaring Trillanes' amnesty "void ab initio," which means it
never had a legal effect from the start. The proclamation was published in the Manila Times on Tuesday.

Duterte ordered the Department of Justice, the Armed Forces of the Philippines, and the Philippine National Police
(PNP) "to pursue all criminal and administrative cases" against Trillanes and "employ all lawful means to
apprehend" him and bring him back to jail at the PNP Custodial Center.

Trillanes led Magdalo soldiers, including Alejano, in staging the 2003 Oakwood mutiny and 2007 Manila
Peninsula siege against the administration of then-president and now Speaker Gloria Macapagal Arroyo.

Former president Benigno Aquino III signed Proclamation 75 in November 2010, granting amnesty to mutineers in
the 2003 Oakwood mutiny, the 2006 Marines standoff, and the 2007 Manila Peninsula siege. It was concurred in
by both chambers of Congress in December 2010.

Trillanes applied for amnesty in January 2011 and was in the list of officers and soldiers granted amnesty that same
month.

"Imagine mo, pinublish sa (Imagine, they published it in a) newspaper. It's a clear political propaganda," said
Alejano.

Why was the order given? Alejano slammed Duterte for his "clear act of revenge" against Trillanes.

"Sa aking pagkakaintindi eh 'yung dapat na basehan ng pagpapanagot sa bansa ay ‘yung present na ginawa mo.
Dahil pag 'yun ay na-extinguish na in the past administration, hindi dapat binabalik-balik. Dahil kung 'yan ang
ating basehan, 'yung amnesty na binigay natin nung 1960, '70s, '80s ay kayang i-revoke ng Presidente
ngayon," said Alejano.

(In my understanding, one is made accountable to the country based on what you are doing at present. What you
did in the past that the administration had extinguished, that cannot be invoked anymore. Because if that is the
basis, the amnesty given during 1960, '70s, and '80s may be revoked by the President as well.)

"So I don't think na nararapat na gawin 'yun dahil maliwanag na paghihiganti 'yan (So I don't think what they did
was right because it's a clear act of revenge)," added the soldier turned lawmaker.

Caloocan 2nd District Representative Edgar Erice also said the revocation of Trillanes' amnesty shows the
government is out to persecute its critics.
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"Is it now the rule that we cannot criticize government otherwise we will be persecuted? We will be transformed
into a banana republic if two sitting senators, elected by the people, languish in jail simply because they are in the
opposition," said Erice.

Another fierce critic of Duterte, Senator Leila de Lima, is now in jail for multiple drug charges.

Akbayan Representative Tom Villarin also called Duterte's order against Trillanes "highly preposterous" and
"clearly a political vendetta."

"It's a legal stretch to justify this presidential revocation of an amnesty given no less by Congress. The grounds
cited by the proclamation like the non-application by Senator Trillanes of an amnesty is too flimsy and won't hold
ground as former president Aquino with the concurrence of Congress made the amnesty full and complete," said
Villarin in a Viber message.

Does Alejano expect his amnesty would be revoked too? Alejano is expecting he may be next.

The lawmaker is also a fierce Duterte critic and is the first person to file an impeachment complaint against the
President, but this did not prosper in the Duterte-controlled House. (READ: Alejano 'ready to face consequences'
after impeachment complaint)

"Sa atin ho, lahat ng puwede nilang gawin ay ine-expect ho natin. Ang problema lang ho, nagkukunwari tayo na
demokrasya at lagi naming kinakapit na tayo ay demokrasya at tumatayo tayo doon," said Alejano.

(We expect everything that they can do to us. The problem here is that we still pretend that we are in a democracy
and we hold on to that.)

"Dahil kung tayo ay 'di na makapagsalita at iniipit ho tayong lahat, eh wala na hong puwedeng magsalita, wala na
hong puwedeng magtayo. At ang purpose ng ating pagsalita ay bigyan ng tibay ang ating demokrasya. So kung
hindi na tayo makapagsalita, sino pa ang maliliit na tao ang bibigyan ng pag-asang makapagsalita?" he added.

(Because if those who speak up are being suppressed, no one else will stand up. We speak up so we can uphold our
democracy. So if we don't make our voices heard, how will the ordinary people find the courage to speak up?)

What is Magdalo's next move? At the time of the interview, Alejano had not yet read Proclamation No. 572 in
full or talked to Trillanes.

Alejano attended the House committee on justice's first hearing on the impeachment complaints that he and two
other lawmakers filed against Supreme Court Chief Justice Teresita de Castro and 6 associate justices.

But he plans to talk to Trillanes within the day.

"Mag-usap kami ngayong araw at tignan namin ang next action ho natin (We will talk today and see what our next
course of action will be)," said Alejano. – Rappler.com

Source: https://www.rappler.com/nation/211087-alejano-statement-trillanes-revoked-amnesty-act-of-revenge

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'Nothing political' in Trillanes amnesty revocation, says Malacañang

President Rodrigo Duterte's decision to void Senator Antonio Trillanes IV's amnesty is 'based on law and on facts,'
says Presidential Spokesman Harry Roque

MANILA, Philippines – Malacañang claimed the revocation of Senator Antonio Trillanes IV's amnesty has
nothing to do with politics but everything to do with the rule of law.

"There is nothing political, these are all his acts. Dapat panagutan ang ginawa ng kahit sino (Everyone should be
held accountable for their actions)," said Presidential Spokesman Harry Roque on Tuesday, September 4.

He held a hastily-called press briefing in Jerusalem, Israel right after news broke that President Rodrigo Duterte
voided the granting of amnesty to Trillanes.

Malacañang said amnesty was only granted to the senator during the previous administration because he had good
ties with then president Benigno Aquino III. (READ: Trillanes says Duterte reinventing the law)

"We’re saying he was given amnesty by President Aquino because of politics and the decision of (void) ab initio is
based on law and on facts," said Roque.

The grant of amnesty was declared invalid from the start because Trillanes supposedly did not fulfill all the
requirements needed for a grant of amnesty – an application for amnesty and admission of guilt for the crime. The
review of Trillanes' case has been going on for "two years" during which time the Duterte administration scoured
records to ensure the senator really did not file an application. (READ: Don't become a Judas like Trillanes,
Duterte tells gov't officials)

"Hindi po biglaan ito (This was not a sudden development). There was maximum tolerance shown. When it was
shown that there was no compliance with the amnesty requirements, the President had no alternative. Trabaho lang
po (We're just doing our job)," said Roque.

When asked how Trillanes' application could be missing when media had covered his filing for amnesty, Roque
said, "We’re relying on official records. There’s no substitute for that."

The amnesty granted to other military officers will likely be reviewed.

"I think there will be a review and we will find out who else must [have their amnesty] declared void ab initio,"
said Roque.

Trillanes has been the subject of Duterte’s verbal attacks ever since he started making claims about the President’s
hidden wealth. He has been one of Duterte's most outspoken critics, making no-holds-barred comments on his
health, alleged corruption by top presidential appointees, and the involvement of his family members in criminal
activities. (READ: 8 Things to know about Trillanes)

Duterte himself has yet to speak publicly about the amnesty revocation. He will be abroad until September 8 as he
continues his visits to Israel and Jordan. –Rappler.com

Source: https://www.rappler.com/nation/211096-malacanang-statement-trillanes-amnesty-revocation-nothing-
political
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Palparan conviction an important step for justice in Philippines — rights groups

MANILA, Philippines — The conviction of retired Army general Jovito Palparan Jr.—whom activists have
accused of abuse and extrajudicial killings—is a bright spot in the country’s judicial process, rights organizations
said.

Palparan was found guilty Monday of kidnapping and serious illegal detention. The former commander of the
Army’s 7th Infantry Division in Central Luzon had been tagged in the abduction and disappearance of UP students
Karen Empeño and Sherlyn Cadapan in 2006.

Dubbed "The Butcher," Palparan has been blamed for 206 enforced disappearances.

Human Rights Watch hailed the sentence of reclusion perpetua or imprisonment for 20 to 30 years to Palparan. His
co-accused, Lt. Col. Felipe Anotado Jr. and Staff Sgt. Edgardo Osorio, were also found guilty and were meted the
same penalties.

“The verdict is an important step for justice in the Philippines, where serious abuses by the military and police are
rarely punished. Palparan is possibly the highest-ranking military officer convicted in a human rights case,” Carlos
Conde, HRW Asia Division researcher, said Tuesday.

Conde added that the conviction of Palparan brings hope to the families of the victims of human rights violations
in the country.

CHR: Palparan conviction a reminder to rights violators


Both the HRW and the Commission on Human Rights said the conviction of Palparan serves as a reminder that
justice and law with catch up with the state security forces.

“The court’s decision proves that the day of reckoning will come to those who trample upon human rights. The
road to justice for human rights victims may be long and difficult but through the willpower of families,
steadfastness of human rights warriors, and the vigilance of the people, it can be achieved,” CHR spokesperson
Jacqueline De Guia said.

Source: https://www.philstar.com/headlines/2018/09/18/1852567/palparan-conviction-important-step-justice-
philippines-rights-groups

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PALPARAN APPEALS CONVICTION

CITY OF MALOLOS — Retired Maj. Gen. Jovito Palparan Jr., who was convicted on Sept. 17 of abducting
activists Karen Empeño and Sherlyn Cadapan in 2006, is not giving up without a fight.

In a 60-page motion for reconsideration he filed on Sept. 19, Palparan disputed the “flawed testimonies” that the
court cited in its decision.

Palparan, Lt. Col. Felipe Anotado and S/Sgt. Edgardo Osorio were sentenced to life imprisonment by Judge
Alexander Tamayo of the Bulacan Regional Trial Court Branch 15.
Empeño was a sociology student, while Cadapan was enrolled in a sports science course at the University of the
Philippines in Diliman, Quezon City when they disappeared in Hagonoy town on June 26, 2006.

‘Erroneous appreciation’
The motion filed by Palparan’s counsel, lawyer Arturo Cabides, urged the court to review its decision because of
the court’s “erroneous appreciation of the written statements and testimonies of witnesses for prosecution.”

The motion zeroed in on state witness Raymond Manalo, a brother of a slain New People’s Army (NPA) rebel,
who said in his testimony that he had “plenty of reasons and ulterior motives to demolish the three accused, all
being in the military.”

“It was just part of [Manalo’s] job to destroy General Palparan because Manalo is under the protection and support
[of the Communist Party of the Philippines and National Democratic Front],” Palparan said in the motion.

“The Manalo family in Barangay Bohol na Mangga in San Ildefonso town [Bulacan] is known to be an NPA
family,” he added.

Palparan is also standing trial for a separate kidnapping case filed by Manalo and his brother, Reynaldo, who were
taken by soldiers on Feb. 14, 2006.

In his motion, Palparan described the Manalo brothers’ allegation as a “fabricated abduction” and challenged many
of the prosecution’s testimonial evidence, saying some of it presented in court showed inconsistencies.

The retired general also questioned the inclusion of Anotado and Osorio as defendants.
He said Anotado was “suddenly implicated” after he appeared as resource person during a hearing in January 2008
on a writ of habeas corpus filed by the parents of Cadapan and Empeno.

Source: https://newsinfo.inquirer.net/1035414/palparan-appeals-conviction

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JOVITO PALPARAN FOUND GUILTY

(UPDATED) Palparan’s co-accused Lieutenant Colonel Felipe Anotado and S/Sgt Edgardo Osorio are also found
guilty of kidnapping and serious illegal detention. The 3 are sentenced to 40 years in prison.

BULACAN, Philippines (UPDATED) – Retired Army Major General Jovito Palparan was found guilty on
Monday, September 17, of kidnapping and serious illegal detention in the 2006 disappearance of University of the
Philippines (UP) students Karen Empeno and Sherlyn Cadapan.

Palparan’s co-accused Lieutenant Colonel Felipe Anotado and S/Sgt Edgardo Osorio were also found guilty of
kidnapping and serious illegal detention. The decision was promulgated by the Malolos Regional Trial Court
(RTC) Branch 15.

The 3 are sentenced to up to 40 years in prison, and are each ordered to pay P100,000 in civil indemnity and
P200,000 for moral damages.

Judge Alexander Tamayo committed Palparan, Anotado, and Osorio to be detained at the New Bilibid Prison
(NBP) but their lawyers appealed in open court to let them remain at the custodial center at the Fort Bonifacio in
Taguig due to another pending case at the Malolos RTC.

Senior Assistant State Prosecutor Juan Pedro Navera said Supreme Court rules state that Palparan et al would be
detained in Bilibid upon conviction.

As the sentence was being read, Palparan shouted to Judge Tamayo: “Duwag ka Judge! Napakaduwag mo!”
(You're a coward, Judge! You are such a coward!)

He was warned of contempt but Palparan retorted: “Kahit i-contempt mo kami! Makukulong naman kami eh!”
(Even if you cite us for contempt, [it doesn't matter]. We will be jailed anyway!)

Palparan did not stop and told both Judge Tamayo and Navera: “Napaka gago mo! (You're such a fool!)”

Correct decision

Erlinda Cadapan, mother of Sherlyn, wept after the decision was read. She said on the way out of the court: "Tama
naman po ang pasya dahil sa ebidensyang ibinigay namin sa korte. Tama po ang pasya ng korteng ito." (The
court's decision is correct because of the evidence we presented to them. The decision of this court is correct.)

Asked if she remains hopeful her daughter is alive, Erlinda said, “Habang buhay ako, may iaasa akong buhay ang
aking anak, at dapat ibalik ng tarantado na ‘yun! Hindi naman nahiyang sumigaw sa loob ng korte, sigawan si
Judge, hindi naman nahiyang gumawa ng ganoon."

(As long as I am alive, I will have hopes that my daughter is alive, and she must be returned by that stupid fool! He
had no shame shouting inside the courtroom, shouting at the judge, he was not ashamed to do that.)

Cadapan and Karen Empeño went missing on June 26, 2006 in Hagonoy, Bulacan.

The Malolos RTC ordered Palparan's arrest in December 2011, after which he went into hiding. He was found after
more than 3 years, in August 2014, in an apartment above a bakery in Sta. Mesa.
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He has been detained at the custodial center at Fort Bonifacio in Taguig ever since.

A co-accused, Sergeant Rizal Hilario, remains at large.

Palparan was a decorated general for his implementation of Gloria Arroyo’s counter-insurgency campaign. He
gained notoriety from his assignments in Mindoro, Samar, and Central Luzon, and which earned him the
monicker Berdugo or The Butcher from human rights activists.

Palparan ran and lost as senator in the 2016 national elections.

Witnesses

One of the prosecution's biggest witnesses is farmer Raymond Manalo, who claims to have seen both Cadapan and
Empeño at a military cell, where he was also allegedly kept by military captors.

In detention, Manalo said he had seen and talked to Palparan twice.

Manalo said he was abducted on February 14, 2006, on suspicions that he was also a communist rebel, but was
able to escape a year later on August 12, 2007.

Manalo testified in court that he saw military men torture and sexually molest Cadapan, 29 at the time, and
Empeño, 22 then.

Another witness is Wilfredo Ramos Jr, who was only 14 years old at the time of abduction. Cadapan and Empeño
were living with them for their immersion work, when armed men allegedly barged into their home and took the
two women.

Ramos testified the same to the Court of Appeals, which affirmed Palparan’s arrest in 2017.

It was Ramos who identified Osorio, an aide of Palparan, as being among the armed men who forcibly took
Cadapan and Empeño in Hagonoy.

Palparan has denied all accusations, and has earnestly fought the charges through motions all dismissed by the
court since.

Source: https://www.rappler.com/nation/212145-bulacan-court-judgment-kidnapping-illegal-detention-cases-vs-
jovito-palparan-september-17-2018

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