NTF-ELCAC: Palparan interview in accord with ‘rules, legal precepts, jurisprudence’

The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) on Sunday defended the media interview of retired Army General Jovito Palparan, insisting it was in accord “with prevailing rules, legal precepts, and jurisprudence.”

Palparan was interviewed by Presidential Communications Undersecretary Lorraine Badoy on SMNI last March 30 despite being incarcerated for the kidnapping and serious illegal detention of University of the Philippines students Sherlyn Cadapan and Karen Empeño.

The NTF-ELCAC stressed that under Republic Act (R.A) No. 10575, or the Bureau of Corrections Act of 2013, “it is the policy of the State to promote the general welfare and safeguard the basic rights of every prisoner incarcerated in our national penitentiary.”

“Consistently, the Supreme Court jurisprudential pronouncement in the Matter of Writ of Habeas Corpus vs. De Lima (GR No. 215585, Sep 08, 2020), provides that the BuCor had authority under the law and existing rules and regulations to determine the movement of national inmates, provided that these are done within the penal institutions. Any movement outside the penal institution, such as court appearances, must have prior court authorization,” it pointed out.

Given these measures, NTF-ELCAC noted that BuCor exercised “due diligence and has authority” over the movement of Palparan.

“Relevantly, a prior leave of court is required only if the movement is outside the penal institution. To emphasize, Gen. Palparan was interviewed by SMNI within the four corners of the New Bilibid Prison. Perforce, no prior leave is necessary,” the task force argued.

The NTF-ELCAC went on to accuse alleged communist supporters of reacting "negatively to the government’s relentless effort to expose the lies and deception of the Communist Party of the Philippines-New People's Army-National Democratic Front (CPP-NPA-NDF)."

“One of these sympathizers active in hurling insults at the government's noble pursuits is the National Union of People's Lawyers (NUPL), represented by its President, Atty. Edre Olalia (Atty. Olalia) who, in a news statement, questioned why Gen. Palparan was allowed to give a media interview, and whether the Bureau of Corrections (BuCor), the Department of Justice (DOJ), and the court which convicted Gen. Palparan were aware of it,” NTF-ELCAC said in a statement.

Justice Secretary Menardo Guevarra said on Saturday that BuCor was scheduled to submit its report on whether prison rules were breached when Palparan was interviewed.

Political maneuver

In a statement on April 2, Senator Leila de Lima called the Palparan interview a “political maneuver.”

“The bottom line of Palparan's interview therefore is that this was allowed not because of his expertise on the communist insurgency or his right to air his side, as peddled by BuCor Director General Gerald Bantag,” De Lima said.

“It is simply a political maneuver to undermine the election chances of certain candidates and party-list groups identified by the Duterte Administration as partnering with the CPP-NPA, without an iota of evidence to support such allegations,” she added.

In justifying the interview, the Senator accused Bantag of failing to clarify the violation of the administration of justice committed during the interview.

“Palparan’s conviction is still on appeal before the Court of Appeals. Despite this, Palparan was allowed by the BuCor and the NTF-ELCAC to tell lies about his trial and the evidence against him to undermine the court that passed the judgment of conviction against him,” De Lima said.

She further emphasized, “I myself, being only a detention PDL who is not yet convicted, am deprived by the PNP Custodial authorities and the courts to have live interviews from jail. This only means that allowing the interview of a convicted prisoner about his criminal case that is still on appeal before the courts is already highly suspect in itself, if not patently irregular.”

In response, Badoy claimed that De Lima was depriving Palparan of media attention, noting that the Senator had always had “generous access” to mainstream media. — DVM, GMA News