MANILA - The Court of Appeals (CA) effectively ordered a lower court to proceed with the trial of fugitive retired Army Gen. Jovito Palparan Jr. over his alleged involvement in the disappearance of two activists from the University of the Philippines.
The ruling also effectively upheld a warrant of arrest and a hold departure order issued versus Palparan for the kidnapping and illegal detention of Sherlyn Cadapan and Karen Empeño.
The appellate court’s former special 16th division no longer entertained an October 25 pleading from Palparan since it was filed out of time.
The appellate court, via a ruling from Associate Justice Ramon Bato Jr., said it already came out with a ruling last October 18 that denied Palparan’s motion for the filing of a petition to question the lower court’s orders.
“The Petition filed on Oct. 25, 2012 is merely noted without action in view of the court’s resolution dated October 18, 2012 which denied petitioner’s motion for extension of time to file the petition (for certiorari),” the ruling read.
Palparan sought the appellate court’s intervention, saying that fiscals investigated charges of rape, serious physical injuries, arbitrary detention, grave threats and other criminal raps.
The charges before the Bulacan court, however, covered kidnapping and serious illegal detention.
He said allowing the proceedings to move will cause “irreparable injury considering that all the might and resources of the government are being used against them.”
Palparan is currently in hiding. The government has already imposed a bounty for information that will lead to his arrest.