DOJ ignores court order stopping Gatdula probe

MANILA, Philippines - The Department of Justice (DOJ) shrugged off yesterday an order of a Manila regional trial court (RTC) stopping the investigation of dismissed National Bureau of Investigation (NBI) director Magtanggol Gatdula for the alleged kidnapping of an undocumented Japanese woman last year.

In an interview, Justice Secretary Leila de Lima said the writ of preliminary injunction issued by Manila RTC Branch 8 last Monday has become futile after the DOJ already started its preliminary investigation against Gatdula for allegedly kidnapping and extorting money from Noriyo Ohara last year.

“There is already a complaint affidavit filed by Ms. Ohara so the case in the RTC has no bearing anymore. Prosecutor general (Claro) Arellano has in fact already created a panel,” she said, adding that the court order has “no bearing.”

De Lima had the same stand when the RTC issued a temporary restraining order on the DOJ probe earlier this month. She said the writ issued by the RTC only covers results of the earlier fact-finding probe conducted by a panel chaired by Undersecretary Francisco Baraan III.

The DOJ chief said the affidavits of Ohara and the Marzan family, who harbored her after she fled to the Philippines, “exist independently of the fact-finding investigation.” She said Ohara herself “cannot be enjoined. She is not covered by the injunction of the RTC so we can’t be stopped from proceeding with the preliminary investigation on her complaint.”

The new panel – composed of Assistant Prosecutors Juan Pedro Navera, Hazel Decena-Valdez and Irwin Maraya – was directed to determine if there is probable cause to file charges of kidnapping and serious illegal detention against Gatdula; dismissed NBI-Security Management Division (SMD) chief Mario Garcia and his executive officer Jose Odelon Cabillan; their assets Chona Elen Esplana and Virgelito Gutierrez; and Gatdula’s special assistant Raul Dimaano.

The fiscals have yet to set a hearing for this case.