MANILA, Philippines (UPDATED) - Retired Major General Jovito Palparan told ABS-CBN News he cannot comply with a decision of the Supreme Court dated May 31, 2011 ordering him and company to release University of the Philppines (UP) student activists Sherlyn Cadapan and Karen Empeno, along with Manuel Merino, from detention.
Palparan denied the missing activists and their companion is in military custody.
"I cannot really follow the order. I cannot release someone who is not in my possession, who is not in my custody," he said.
The high court affirmed a decision of the Court of Appeals (CA) on September 17, 2008 ordering Palparan, Lt. Col. Rogelio Boac, Lt. Col. Felipe Anotado, Lt. Francis Mirabelle Samson, Arnel Enriquez and Donald Caigas, who were once assigned to the 7th Infantry Division and the 24th Infantry Battalion, to immediately release the activists.
"Yung order noon pa ng CA eh wala naman kaming magagawa kasi unang una, wala naman talaga sa amin, saka yung inimbestigasyon na yan, hindi masasabi na confirmed at kami, di naman namin kino-confirm na nasa amin (sila)," he said.
Palparan said those who are attesting that the activists were abducted and are being held by the military should present proof of their claim.
"Whoever is saying na nasa amin yan, yun ang mga tao na talagang pilitin nila na magsalita kung talagang nakita at nasaan ba the presence of these persons they're looking for na sina Cadapan and Empeno. As of now, wala akong magagawa dyan. I'm retired lalo pa. At even kahit yung nasa active (service) ngayon (na) mga commanders, wala rin silang magagawa, wala silang mare-release kase wala naman talaga sa kanila at wala naman sa amin," he said.
"Yun ang aking problema dyan. I cannot really say that the order can be followed," Palparan said.
Aside from seeking redress from the Supreme Court, relatives of the Cadapan, Empeno and Merino filed charges of rape, serious physical injuries, arbitrary detention, maltreatment of prisoners, grave threats, and grave coercion against Palparan and others at the Department of Justice last May.
Meantime, Quezon Rep. Lorenzo Tañada III welcomed the decision of the SC, but said "it may be too late" since it will not bring back the lives of the 2 UP students.
