Court stops probe of sacked NBI chief
Friday, January 27, 2012
The Manila Regional Trial Court has stopped a preliminary investigation that will look into the alleged involvement of dismissed National Bureau of Investigation (NBI) Director Magtanggol Gatdula in the kidnapping and extortion of a Japanese woman last year.
Good for 72 hours, the temporary restraining order issued by Manila RTC Executive Judge Marino Dela Cruz on Friday came even as the Department of Justice has yet to conduct a formal probe into the matter.
Justice Secretary Leila De Lima earlier ordered a further review and re-assessment of the fact-finding panel’s recommendations as far as the criminal culpabilities of the former NBI chief is concerned.
“The Rules of Court gives this office the discretionary authority to consider the application for the issuance ex parte of a temporary restraining order effective for a period of 72 hours from the time of issuance if the matter is of extreme urgency and the applicant with suffer grave injustice and irreparable injury,” the three-page order read, citing Rule 58 Section 5 (2) of the Rules of Court.
Gatdula earlier blamed politics as behind the decision of the fact-finding panel of the DOJ to recommend him to be subjected for a preliminary investigation for kidnapping and serious illegal detention of Noriyo Ohara.
As a result, Gatdula filed an urgent petition for certiorari and prohibition with the court after he was sacked by President Benigno Aquino III last January 19.
The case was raffled to Manila RTC Judge Felixberto Olalia, who set a hearing on Monday, January 30.
On the same day, Nonnatus Caesar Rojas, regional prosecutor of the Ilocos Region will act as officer-in-charge of the probe bureau. Rojas is a schoolmate of the justice secretary at the San Beda College of Law. (Virgil Lopez/Sunnex)
