Panel formed to probe Gatdula kidnapping case

Wednesday, February 15, 2012

MANILA — The justice department formed on Wednesday a three-man panel to conduct preliminary investigation on the cases filed by a Japanese national against a former head of the National Bureau of Investigation (NBI).

The panel is tasked to investigate former NBI director Magtanggol Gatdula, who was sacked by President Benigno Aquino III on January 19, for serious illegal detention and kidnapping of Japanese national Noriyo Ohara.

Aside from Gatdula, also tagged in the same cases are Mario Garcia, special investigator and former chief of the NBI-Security Management Division (NBI-SMD); Chona Elen Esplana, an asset; Virgelito Gutierrez alias Labsky; Raul Dimaano, special assistant of Gatdula and Jose Odelon Cabillan, special Investigator and former executive officer of the NBI-SMD; a certain Jay Ducusin as well as John Does and Jane Does.

Constituting the panel formed by Prosecutor General Claro Arellano are Assistant State Prosecutors Juan Pedro Navera, Hazel Decena-Valdez, and Irwin Maraya, according to DOJ Office Order 106.

"This order takes effect immediately and shall remain in force until further orders," the directive stated.

Gatdula had blamed politics as behind the decision of the fact-finding panel to recommend him to be subjected for a preliminary investigation for kidnapping and serious illegal detention of Ohara, who has been living with a foster family in Pangasinan since 2009.

As a result, Gatdula filed an urgent petition for certiorari and prohibition with the Manila Regional Trial Court (RTC), which then issued a 20-day temporary restraining order on the preliminary probe on January 31.

Judge Felixberto Olalia of the Manila RTC branch 8 will hold a hearing on Thursday to decide if it will issue a writ of preliminary injunction, making state prosecutors incapable of pursuing the probe.

The injunction writ stays until the court lifts it or if the DOJ will try to seek a reversal before the Court of Appeals. (Virgil Lopez/Sunnex)