A LAWYER for retired Maj. Gen. Jovito Palparan has filed a motion for reconsideration with the Malolos Branch of the Bulacan Regional Trial Court for the recall of the warrant of arrest and suspension of the legal proceedings against him.

Lawyer Jesus I. Santos also reiterated his appeal for a preliminary investigation first  of  the non-bailable charges against Palparan before any further legal action is initiated against the retired general, which was a violation of due process.

The court had rejected Palparan’s petition on the ground that since the former general is still at large, it has no jurisdiction yet over him and thus cannot act on his legal pleading.

Santos, however, pointed out that in the case of Miranda vs Tuliao the Supreme Court ruled that “adjudication of a motion to quash a warrant of arrest requires neither jurisdiction nor custody of the law over the body of the accused.”

“The Supreme Court further ruled that voluntary appearance of the accused whereby the lower court acquires jurisdiction over his person is not necessary when the accused seeks affirmative relief through pleadings or by posting bail.

“So since we had sought relief from the trial court through the filing of an earlier motion, Mr. Palparan has placed himself under its jurisdiction,” Santos said.

Santos petitioned the court to set aside and reconsider its earlier decision not to act on their motion to quash the warrant of arrest and recall the hold departure order it had issued against Palparan.

Santos pleaded with the trial court to first resolve his motion for reconsideration before continuing with whatever legal proceedings it deems fit and proper.