MALOLOS CITY , Philippines – Former Army general Jovito Palparan sought to change the venue of his trial and custody while seeking to quash the criminal charges against him before the city court here.
Palparan, through his counsels, filed a motion for reconsideration for change of custody and a motion to quash the information before Malolos City Regional Trial Court Branch 14 under Judge Teodora Gonzales.
Palparan’s counsel Narzal Mallares asked the court for the transfer of detention to the Armed Forces of the Philippines (AFP) from the Bulacan Provincial Jail.
Palparan stressed the threat on his life by the communist New People’s Army rebels even while in detention at the provincial jail. He said there are suspected NPA rebels who are also detained there.
Palparan’s counsels also argued the AFP have expressed their willingness to take custody of the retired general.
Palparan is charged with two counts of kidnapping and serious illegal detention in connection with the alleged abduction of UP students Karen Empeño and Sherilyn Cadapan in Hagonoy, Bulacan on June 26, 2006.
Palparan was then the regional commander of the Army’s 7th Infantry Division in Central Luzon.
Palparan’s lawyers also asked for another preliminary investigation on the case.
They argued the charges of kidnapping with serious illegal detention filed cannot prosper since the offense occurred at the time when Palparan was in active service as commanding general of the 7th Infantry Division.
Palparan’s counsel pointed out that in kidnapping cases, a ransom is usually demanded but in the case of the two missing UP students, no ransom was demanded.
The said motions are expected to be heard in court today on the first day of trial.