MANILA, Philippines - The Department of Justice (DOJ) has summoned dismissed National Bureau of Investigation Director Magtanggol Gatdula to its preliminary investigation of a complaint accusing him and other NBI officials of kidnapping and extorting money from an undocumented Japanese woman.
In a one-page subpoena, the three-member panel of state prosecutors ordered Gatdula to attend hearing in the DOJ at 10 a.m. on March 12 and answer the complaint filed by Noriyo Ohara for kidnapping and serious illegal detention, grave coercion, falsification and robbery filed against him and other NBI officials.
The panel composed of Assistant State Prosecutors Juan Pedro Navera, Irwin Maraya and Hazel Decena-Valdez specifically directed the respondent to submit a counter-affidavit and also affidavit of his witnesses and supporting documents.
Navera said the subpoena was sent to the NBI Wednesday afternoon based on Gatdula’s last known address in Ohara’s complaint. He said separate summons were served to the other respondents.
In her complaint last month, Ohara accused Gatdula of conspiring with NBI-Security Management Division (SMD) chief Mario Garcia; his executive officer Jose Odelon Cabillan; their assets Chona Elen Esplana and Virgelito Gutierrez; and Gatdula’s special assistant Raul Dimaano in kidnapping her and extorting P6 million from her in October 2011.
Garcia and Esplana will also undergo preliminary investigation for grave coercion, falsification and robbery while Cabillan and Gutierrez are also facing falsification and robbery charges, respectively.
The DOJ proceeded with the preliminary investigation despite a temporary restraining order (TRO) issued by the Manila regional trial court last Jan. 30 in favor of Gatdula enjoining the department from conducting a 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 said 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 fact-finding panel concluded that based on the testimony of Cabillan, 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.
Last Feb.21, NBI Deputy Director Reynaldo Esmeralda survived an ambush attempt in Manila. He said the attack on him is linked to the Ohara case.