NBI to return Palparan warrant of arrest to Malolos RTC without him

A team from the National Bureau of Investigation is on its way to Malolos, Bulacan Regional Trial Court on Wednesday morning to return the warrant of arrest following the apprehension of retired Major General Jovito Palparan Jr.

 

However, the NBI will go to Malolos RTC Branch 12 without "The Butcher"—Palparan's moniker, given him for his relentless campaign against insurgency and alleged involvement in the cases of political killings.

 

The Revised Penal Code Article 125 states that the accused should be presented to the proper judicial authority after he/she has been arrested. 

 

In Palparan's case, he should be brought to the Malolos court within 36 hours after his arrest as he was facing a capital offense.

Palparan was arrested by authorities on Tuesday morning in Sta. Mesa, Manila. 

 

He is facing charges of kidnapping with serious illegal detention in the alleged abduction of University of the Philippines students Karen Empeño and Sherlyn Cadapan. 

 

If the NBI does not present Palparan on Wednesday, this will be the first such case under the sala of Judge Teodora Gonzales, branch clerk of court Atty. Melba Agustin David told GMA News Online. 

 

"Kung hindi kasama si General Palparan, this is the first sa court. Hindi ko alam kay Judge if she will take the exception," she said in a phone interview on Wednesday.

 

After returning the warrant of arrest, the NBI team is expected to obtain the commitment order which specifies the decision of the court as to where the accused would be detained.

 

Aside from the NBI detention facility in Manila, the NBI said that it is possible that Palparan would be transferred to the Bulacan Provincial Jail, John Consulta reported on GMA News TV's News To Go on Wednesday.

 

For his part, Palparan opted to stay within the confines of the NBI detention facility, where he is currently staying, noting that his life is more at risk at the Bulacan jail.

 

If the court rules otherwise, Palparan will discuss legal remedies with his lawyers to prevent the transfer.

 

 

NBI submits return of warrant of arrest to Malolos RTC after the arrest of Palparan | via John Consulta pic.twitter.com/bhYNaV8LYE

— GMA News (@gmanews) August 13, 2014

 

KG, GMA News