MANILA, Philippines - Dismissed National Bureau of Investigation (NBI) director Magtanggol Gatdula is insisting on his bid to suspend the preliminary investigation at the Department of Justice (DOJ) on kidnapping and extortion charges against him by undocumented Japanese woman Noriyo Ohara.
In his reply filed with the DOJ panel during hearing yesterday, he reiterated his argument that the proceedings should be stopped for being “fruit of the poisonous tree” since the charges stemmed from an earlier fact-finding probe that allegedly violated his constitutional rights.
Gatdula also stressed that the DOJ probe should be deferred pending the resolution of his civil case before the Manila regional trial court questioning its legality.
“It is glaringly clear that respondent Gatdula’s petition (with the Manila Regional Trial Court Branch 8) was filed precisely to stop the Department of Justice from implementing the questioned Department of Justice from implementing the questioned Department Orders (DO) that created the panel of prosecutors,” argued Gatdula’s lawyer, Nancy Ocampo.
“The intention of the petition is to prevent the DOJ from continuing its flawed procedure in conducting an investigation akin to a criminal prosecution without due regard to the constitutional rights of (Gatdula),” the reply added.
Ocampo said the fact-finding probe had no basis since Ohara had not filed any complaint at the time.
Just like in earlier hearings, Gatdula still did not show up.
The panel of prosecutors – composed of Assistant State Prosecutors Juan Pedro Navera, Hazel Valdez, and Irwin Maraya – has yet to rule on Gatdula’s plea. The next hearing is set on April 13.