DOJ ignores Gatdula probe TRO

MANILA, Philippines - The Department of Justice belittled yesterday the temporary restraining order (TRO) stopping the DOJ from conducting a preliminary investigation into the charges filed against former National Bureau of Investigation (NBI) director Magtanggol Gatdula.

Justice Undersecretary Francisco Baraan III said they would not abide by the order since there is no proceeding to be stopped.

Baraan chaired the fact-finding panel that recommended the dismissal of Gatdula over his alleged involvement in the kidnapping and extortion of an undocumented Japanese woman last year.

“There is no preliminary investigation to stop,” Baraan told reporters in a press conference, citing the lack of a formal complaint filed with the DOJ against Gatdula.

Baraan said the subject of the TRO is the preliminary investigation against Gatdula, which has not started since Secretary Leila de Lima ordered their panel to review their recommendation for criminal actions against the former NBI chief.

“If a criminal complaint will be filed, it will be filed by the complainant – either by Ohara or the Marzans. There is no case without a complaint,” the DOJ official said.

He added that the TRO could not apply to the review of the recommendations against Gatdula by a fact-finding committee of the DOJ. He said it is an administrative matter that is beyond the jurisdiction of the court.

“We acted not as a judicial or quasi-judicial body but as an administrative panel... it’s not part of rules of court to enjoin an administrative body,” he said.

Gatdula filed with the Manila Regional Trial Court(RTC) a petition for certiorari and prohibition questioning the proceedings and findings of the fact-finding panel.

The trial court issued a 72-hour TRO in favor of Gatdula, which it extended for another 20 days.