DOJ starts probe of frustrated murder raps vs Gatdula

MANILA, Philippines - The Department of Justice (DOJ) yesterday formally began its preliminary investigation into the frustrated murder charges against former National Bureau of Investigation (NBI) director Magtanggol Gatdula and 12 other officials over the slay try on deputy director Reynaldo Esmeralda last February.

Prosecutor General Claro Arellano has created a panel of prosecutors composed of Assistant State Prosecutors Gino Paolo Santiago and Rassendell Rex Gingoyon, as well as Prosecution Attorney Gerard Gaerlan to conduct the preliminary investigation.

The panel of prosecutors would look into the complaint filed by the NBI last week of two counts of frustrated murder against Gatdula and the 12 others on the botched ambush of Esmeralda and his brother, Police Officer 3 Nilo Esmeralda, following a fact-finding probe.

Gatdula was implicated in the case by retired police officer Perfecto Villanueva, who earlier admitted before the NBI that he was asked to lead the killing of Esmeralda.

Villanueva claimed that the former NBI official and his friend, businessman Tyrone Ong, connived in plotting to kill Esmeralda.

Aside from Gatdula, Ong and Villanueva, named respondents in the complaint were Ronnie Ong alias Eboy; Ramoso Ramos, the driver of the getaway vehicle of the suspects during the ambush; Alfredo Compoc; the alleged triggerman Teodoro Abendano; Gerry Farillon; Jose Maglalang; Gino Eustaquio, Aljun and Alvin Monticlaros.

Villanueva accused Gatdula and Ong of planning the ambush of Esmeralda and his brother.

He claimed Ong and Gatdula are close friends. Ong is an adopted classmate of Gatdula’s Philippine Military Academy batch.

He also identified Ong as a confidential agent of the NBI.

Villanueva said he was present during the almost weekly meetings of Ong and Gatdula, and that their recurrent concern was Esmeralda’s apparent effort in allegedly stalling the payment of the NBI to the service provider in the clearance project.

The NBI allegedly owed Ong P150 million for services rendered, Maglalang, one of the suspects, told investigators.

It was alleged that the ambush might have something to do with the NBI clearance system contract since the alleged mastermind Ong is identified with Strategic and Comprehensive Consultants Inc. (SCCI), a firm that has a joint venture with Realtime Data Management Service Inc. (RDMS), the service provider of the bureau in the clearance project.

Esmeralda and his brother survived the attack as they were their way home along Apacible Street in Paco, Manila.

Gatdula, however, already denied the charges. His lawyer Abraham Espejo said they have a “strong line of defense” to controvert all the allegations against the former NBI director. 

Gatdula, among other officials, is also being charged for the kidnapping and extortion of a Japanese national, which was why he was relieved from the NBI.

Apart from Gatdula, the NBI charged its security and management division (SMD) head Special Investigator Mario Garcia; Gatdula’s executive officer Special Investigator Jose Odellon Cabillan, their assets Chona Ellen Esplana and Virgelito Gutierrez alias Labsky, Gatdula’s special assistant Raul Dimaano, and 12 other security volunteers.

Gutierrez and security volunteer Jay Ducusin yesterday asked the Court of Appeals to issue a temporary restraining order (TRO) enjoining the DOJ panel from conducting a preliminary investigation of the case.

Gutierrez and Ducusin filed a 118-page petition for TRO after their motion to suspend proceedings was denied by the DOJ panel of prosecutors.

They claimed that during the conduct of the fact-finding investigation, “the legal and constitutional rights of the respondents, more particularly their right to counsel and against self-incrimination, were wantonly violated.”

They accused the DOJ panel of prosecutors of grave abuse of discretion amounting to lack of jurisdiction on the ground that the preliminary investigation on the case circumvents the preliminary injunction order by the Manila Regional Trial Court on Feb. 20, 2011.

The DOJ panel denied the second ground of their motion to dismiss the complaint of Japanese woman Noriko Ohara as this does not show that a violation of law has been committed by respondents, and in light of the fact that she has not presented any independent, relevant and material evidence to back up her accusations.

The DOJ panel proceeded with the preliminary investigation despite the TRO issued by the Manila RTC last Jan. 30 in favor of Gatdula enjoining the DOJ from conducting the preliminary investigation on the Ohara case based on earlier findings and recommendations of the fact-finding committee headed by Justice Undersecretary Francisco Baraan III.

Prosecutor General Claro Arellano earlier explained the TRO does not cover the preliminary investigation stemming from Ohara’s complaint since the court’s order was based on the fact-finding panel report.

The DOJ fact-finding panel concluded that Gatdula “appears to have prior knowledge and participation as well as in its cover-up” in the operation to abduct and extort P6 million from Ohara.