mothers of two missing UP students filed petition to review of CA decision on writ of amparo case

Miami
October 2, 2008
Story: mothers of two missing UP students filed petition to review of CA decision on writ of amparo case

Mothers of two missing UP students has filed at the Supreme Court to review the Court of Appeals decision on their writ of amparo case they filed.

Sherlyn Cadapan and Karen Empeno were missing since June 26, 2006. Their family has no idea where they are and if they were still alive.

According to their lawyer, Atty. Rex Fernandez, they are filing a petition to review the CA’s decision in their writ of amparo case because the CA’s decision is shallow. “On their decision, they asked the respondents to release the two whether dead or alive or even to inspect the military’s camp or detachment, but the CA failed to say how and when we should do this.”

Fernandez also noted that the Court asked the Philippine National Police being headed then by retired Director General Avelino Razon to continue its investigation on the two missing students, “But nothing happened as well.”

“The Court of Appeals erred in not finding that the Police Director Gen. Avelino Razon did not make extraordinary diligence in investigating the enforced disappearance of the aggrieved parties,” Stated on their petition.

“What we want here is a strict ruling on the case. The Court sided on the mothers but it is not clear what they are going to do on how they can finally locate or see their daughters,” Fernandez added.

The respondents are: GLORIA MACAPAGAL ARROYO, the President of the Philippines; (Ret AFP Chief of Staff) GEN. HERMOGENES ESPERON; (Ret) P/DIR. GEN. AVELINO RAZON (RET.) GEN. ROMEO TOLENTINO (RET.) GEN. JOVITO PALPARAN LT. COL. ROGELIO BOAC; ARNEL ENRIQUEZ ; LT. FRANCIS MIRABELLE SAMSON ; LT. COL. FELIPE ANOTADO; DONALD CAIGAS alias Allan or Alvin of 24th Infantry Battalion HQ.


Among the mistakes that the CA did according to Fernandez are; “The Court of Appeals erred in not finding that this was not the command coming from the highest echelon of powers of the Armed Forces of the Philippines, Philippine Army and the Seventh Infantry Division of the Philippine Army to enforcibly disappear the aggrieved parties”

Also they noted that it is wrong for the CA to dropped President Gloria Macapagal-Arroyo as respondent of the case. It also failed, according to Fernandez, in not finding that then CAFP Chief of Staff Esperon has responsibility on the disappearance of the two.

For the mothers, they wished that they can still see their daughters alive but they are preparing themselves for the worst.

“They said on their decision that there are inconsistencies to the statements of Lt. Col. Boac and Lt. Samson, but they did not contempt them for lying,” Lina Cadapan said, mother of Sherlyn.

Concepcion Empeno, mother of Karen said, “How can we see our daughters if the military will not allow us to enter on their camps or if they will not release them.”

The family members of the victims were hoping that they were be allowed to inspect the detention areas of the following places; 7th Infantry Division at Fort Magsaysay, Laur, Nueva Ecija; 24th Infantry Battalion at Limay, Bataan; Army Detachment inside Valmocina Farm, Pinaod, San Ildefonso, Bulacan; Army Detachment at Barangay Hall, Sapang, San Miguel, Bulacan; Camp Tecson, San Miguel, Bulacan; The Resthouse of Donald Caigas alias Allan or Alvin of the 24th Infantry Battalion at Barangay Banog, Bolinao, Pangasinan; 56th Infantry Battalion Headquarters at Iba, Hagonoy, Bulacan; Army Detachment at Barangay Mercado, Hagoynoy, Bulacan; Beach House sa Iba, Zambales used as a safehouse with a retired military personnel as a caretaker.