Probe on vs ex-NBI chief despite court injunction

Wednesday, February 15, 2012

STATE prosecutors will conduct a preliminary investigation on criminal charges filed by a Japanese national against a former head of the National Bureau of Investigation (NBI) despite a temporary restraining order issued by a Manila court last month.

The three-man 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.

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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.

Meanwhile, Garcia and Esplana were also charged for grave coercion, falsification, and robbery, while Cabillan was accused of falsification and security volunteer Virgelito Gutierrez charged for robbery.

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

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

Arellano said the order to conduct a preliminary investigation stemmed from the official complaint of Ohara filed with the DOJ and not based on the recommendations of the fact-finding committee, thus, it is not covered by the TRO issued by a Manila court.

Sun.Star tried to reach Gatdula for comment but he has failed to reply to text messages and calls.

Interviewed on the phone, Gatdula's lawyer Abraham Espejo said the conduct of a preliminary investigation violates the existing TRO issued by the Manila court. He said Gatdula's camp would question the DOJ's action on the Ohara case before the court.

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, which then issued a 20-day TRO on the preliminary probe on January 31. The stay order will lapse on February 20.

Taking the witness stand last month, Gatdula said he was not given due process, that his right against self-incrimination, the right to remain silent and the right for a counsel during an investigation were all violated with the release of the fact-finding report.

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. (With JCV/Sunnex)