De Lima stops inspection of car in Esmeralda ambush

MANILA, Philippines - Defying a court order from a Manila regional trial court judge, Justice Secretary Leila de Lima prevented yesterday the vehicle National Bureau of Investigation (NBI) deputy director Reynaldo Esmeralda was riding when he was ambushed last Feb. 21 from being opened for inspection.

De Lima happened to be at the NBI compound for the graduation of the 45th batch of NBI agents during the court-scheduled inspection of Esmeralda’s Land Cruiser.

De Lima insisted that Branch 26 Judge Silvino Pampilo Jr.’s order granting the vehicle inspection cannot be executed by the court sheriff, who went to the NBI compound together with lawyer Abraham Espejo.

Former NBI director Magtanggol Gatdula, represented by Espejo, alleged that De Lima, NBI officer-in-charge Nonnatus Caesar Rojas and Esmeralda would frame him for the ambush on his former subordinate, then arrest and summarily execute him.

As proof, Gatdula’s camp presented two witnesses who said that on two separate occasions, armed men who identified themselves as from the NBI were looking for Gatdula and hinted that he would be dealt with.

Gatdula asked Pampilo for a writ of amparo as well as orders for police protection, the production of documents on the ambush and to allow him or his representative to inspect and photograph Esmeralda’s vehicle, all of which the judge granted.

Pending motion

De Lima, however, said yesterday the vehicle inspection order cannot be implemented because their motion for reconsideration seeking the dismissal of the writ and the orders is still pending in court.

She ordered Assistant Solicitor General Amparo Cabotaje-Tang not to allow the inspection of Esmeralda’s vehicle. During the hearing in Pampilo’s courtroom yesterday, Tang asked the judge to stop the inspection due to their pending motion for reconsideration and to dismiss the writ of amparo.

Tang said the places, things and documents that are the subjects of the inspection and production orders are completely irrelevant and immaterial to establish the threat to Gatdula’s right to life, liberty and security.

Because of the strong objections from De Lima and the Office of Solicitor General, the vehicle was not opened for inspection, but only photographed from the outside.

Espejo said though they were only able to take photographs of the vehicle, he already got what they needed. “I feared more bullet holes would suddenly appear,” he said. The NBI and the police crime laboratories recorded 11 bullet holes.

Court can’t do own probe

Esmeralda said the inspection order is not a valid court order because there are only two national institutions that can conduct an investigation – the NBI and the Philippine National Police (PNP).

Esmeralda pointed out the court has no authority to investigate crimes. He said the court should just wait for the investigation of the ambush incident to be finished and the filing of charges before it can conduct its own investigation.

Esmeralda warned of chaos should the court insist on having its own investigation because Espejo would obviously come out with findings favorable to their cause.

Esmeralda said the protection order issued by the court has no basis in law.

He branded Iglesia ni Cristo members Jim Malabuyoc and Michael Lim, who testified for Gatdula as the latter’s “scripted witnesses.” Gatdula and his lawyer are also INC members.

“It defies logic that supposed killers would  introduce themselves as from the NBI before saying they were (there) to kill Gatdula,” Esmeralda said.