Ex-NBI chief Gatdula loses protection order

A+
A
A-

Former National Bureau of Investigation Director Magtanggol Gatdula. INQUIRER FILE PHOTO

MANILA, Philippines—The Supreme Court on Tuesday nullified the protection order issued by a Manila Court to former National Bureau of Investigation (NBI) Director Magtanggol Gatdula.

In a ruling released Tuesday and penned by Associate Justice Marvic Leonen, the high court said it has “found several irregularities in judge’s appreciation of the rules on the writ of amparo.”

The high court also ordered Manila Regional Trial Court Branch 26 Judge Silvino Pampilo to determine within 48 hours from receipt of the high court’s ruling if the issuance of a writ of amparo is proper.

A writ of amparo is “a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee or a private individual or entity.”

Pampilo, on March last year, granted Gatdula’s petition for a writ of amparo, which Gatdula had sought to restrain the Department of Justice and the NBI from threatening his “life, liberty and security” in connection with the ambush of NBI deputy director for technical services Reynaldo Esmeralda.

Esmeralda’s SUV was strafed by unidentified gunmen as his two-car convoy was running on a street in Paco, Manila on February last year. No one was killed in the incident, with only Esmeralda’s brother sustaining a gunshot wound to the shoulder.

Gatdula, naming Esmeralda, Justice Secretary Leila de Lima and NBI officer in charge Nonnatus Rojas as respondents in his petition, believed the ambush was staged in order to frame him, get him arrested and possibly killed in a “rubout.”

He said De Lima and Esmeralda held him “implicitly responsible” for the ambush when they aired theories it may have been related to the kidnapping of Japanese national Noriyo Ohara, which Gatdula and other NBI agents are being accused of.

Meanwhile, De Lima said she felt “extremely vindicated” by the high court’s decision.

“In all sincerity and candor, I expected nothing less from the Supreme Court – that writ of amparo, in all its being, deserves to be struck down as a patent abuse of judicial authority. The RTC’s act of issuing such writ borders on the absurd, if not insane. Imagine accusing the Secretary of Justice, a former Chairperson of the Commission on Human Rights of plotting to liquidate the former NBI Director, the petitioner in the case before the RTC,” De Lima said in a text message to reporters.

“And the writ of amparo, as issued by the RTC is a flagrant abuse of such an extraordinary writ available only in genuine cases of violations of the right to life, liberty and security,” she added.

Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of INQUIRER.net. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.

  • http://profile.yahoo.com/3AXROSN6LN5YP66EONOKGSSYFY Ngiping Dilaw

    Kawawang Magtanggol Gatdula.

  • Guest

    Gatdula’s last recourse ==> INC and Anthony Taberna

  • UrHONOR

    ISA sa mga nabuhay sa paninilbihan sa gobierno according to the teachings and examples of pands.

  • Pulokoy

    it’s time for him to face the music, nagtatago kasi sa saya ng mga court e

  • Pulokoy

    why hide when you dont have any problem 

  • http://www.dafk.net/what/ Kilabot ng mga Balahibo

    “Esmeralda’s SUV was strafed by unidentified gunmen as his two-car convoy
    was running on a street in Paco, Manila on February last year. No one
    was killed in the incident, with only Esmeralda’s brother sustaining a
    gunshot wound to the shoulder.”

    Compare this with JPE’s ‘ambush’ where montano said the bullet strafings were uncommonly linear.

  • Barak_O

    pwned na naman si ka tanggol

  • EdgarEdgar

    Like her president above her, Leila the stinking yellow pig is using her position of authority to sexually harass Gatdula. She was rejected by Gatdula repeatedly until she could not take it anymore. Héll hath no fury like a woman scorned, or a pig scorned. Gatdula is the victim of a frame-up and sexual harassment. There’s just no reason why a god-fearing man like Gatdula would get intimately involved with a stinking yellow pig and engage in béstiality. For standing up to Leila the stinking yellow pig’s abuse of authority, Gatdula is now about to lose his protection. A sad day for human beings. A triumph for animal-rights groups.

    • http://profile.yahoo.com/FQQPZLNOMD2EBFTHSWOP6QGZWY Marshall

      Out of bounds ka toy ..paanong kayang frame-up ang director ng NBI ..ang mga katulad mong kababuyan ang nakatanim sa katauhan ang naniniwala sa sarile nyong katarantaduhan at kaugukan ..

  • http://pulse.yahoo.com/_JJ3EVCTQXRCB24IEJDP7G5YTB4 Jerry

    pwede po ba request ang INC na mag-endorso na sila ng senatorial candidates na manok nila. para makita namin kung talaga mananalo ang manok nyo. wag kayo mag endorso one day before the election, kung malinaw na ang nangunguna!

    • http://pulse.yahoo.com/_ZCKNKWEVTCZ4SI7JKBUSVPEGUM lumens

      You can write your formal letter addressing it to the central office not in an online forum like this. 

  • http://pulse.yahoo.com/_JJ3EVCTQXRCB24IEJDP7G5YTB4 Jerry

    anthony taberna, umpisahan mo na bukas ang tira mo sa programa mo! expected na yon, wag mo kalimutan yong trade-mark mo kayabangan!

    • http://profile.yahoo.com/FQQPZLNOMD2EBFTHSWOP6QGZWY Marshall

      Si Taberna malaki ang kinita nung Corona impeachment..DOLLARS…

      • http://pulse.yahoo.com/_ZCKNKWEVTCZ4SI7JKBUSVPEGUM lumens

        Please back up your claims. 

  • http://twitter.com/evm4 Angelo Ysagun

    Imbestigahan yung mga bumaril sa SUV ni NBI deputy director for technical services Reynaldo Esmeralda.

    Baka SCAN or Private army ng Iglesia Ni Cristo ang gustong pumatay kay Esmeralda para matapos na ang kaso against Gatdula

    • http://pulse.yahoo.com/_ZCKNKWEVTCZ4SI7JKBUSVPEGUM lumens

      Nice trolling, as far as I know SCAN does not have any machine gun nor pistol they are the security arm of INC in different activities they also also HELP those who are victims of  calamities. There are no private armies inside the INC only those who are misguided, enemy, sour graping, jealous minions of the devils are insinuating their unfounded lies because their father is SATAN. 

      • http://twitter.com/evm4 Angelo Ysagun

        Kawawa ka naman, yan lang pala ang alam mo sa mga Iglesia Ni Manalo.

        Alam mo bang may mga pinatay na sundalo ang mga Manalista sa panahon ni Marcos?

      • http://pulse.yahoo.com/_ZCKNKWEVTCZ4SI7JKBUSVPEGUM lumens

        I pity you. You have no knowledge on the marcos Era. Marcos commanded that they will takeover the radio program of the INC due to martial law implementation then they go to central office at binaril ang gate may kapatid na namatay sa insidenteng yun anong gusto mong gawin walang retaliation? Cmon we supported marcos a long time until today but the INC did not take any grudges WALANG UTANG ANG INC sa kahit kaninong pulitiko. 

      • http://www.facebook.com/profile.php?id=100002971620021 Noel Recamier

        Unhatched egg in tagalog language is BUGOK NA ITLOG.

    • http://www.facebook.com/profile.php?id=100002971620021 Noel Recamier

      Bitter juice of Bittercurd. Is the favorite drinks of Devilkin.

      • http://twitter.com/evm4 Angelo Ysagun

        yung mga bodyguard ng Manalo family, walang baril?

        Come on?!

        Si Gatdula nga, humihingi pa sana ng excemption sa gun ban eh,
        kaya lang denied. hahaha.

      • http://www.facebook.com/profile.php?id=100002971620021 Noel Recamier

        An empty can is noisy. A favorite set of poor musician.

      • http://twitter.com/evm4 Angelo Ysagun

        Like the empty INC chapels with poor INC members fooled by empty INC Ministers

      • http://www.facebook.com/profile.php?id=100002971620021 Noel Recamier

        there’s a big difference between a blurred eye and mental illness. 

  • http://twitter.com/YvesYork Moises Ysrael Mendez

    Andito na naman ang mga bata ni Soriano, panay na naman wala sa hulog ang mga banat. Huwag na lang natin patulan ang mga yan at matatapos din naman ang mga yan . Hindi na nadala eh.  

  • http://twitter.com/evm4 Angelo Ysagun

    So pinag-tatanggol talaga ng mga kampon ng Manalo family si Gatdula. Si Gatdula kasi, ayaw pang umamin. Marami ka naman makakasamang INC members sa kulungan eh. Pati nga yung INC Minister na si Rizalino Ocampo nahatulang makulong eh.

    • http://profile.yahoo.com/3AXROSN6LN5YP66EONOKGSSYFY Ngiping Dilaw

      Bakit aamin kung frame up lang. Ang sabihin mo frame up yan para maalis si Gatdula sa NBI. Mas maganda kasi kung ang NBI director ay kakampi ng Presidente. Ngayon uso ang frame up, para magawa ng mga halang ang kaluluwa ang gusto nila.

      • http://twitter.com/evm4 Angelo Ysagun

        Kidnapping is a serious crime.

        I doubt that there’s a politics behind it.

        Malamang love for money.

        Greed.

        How’s your life now Gatdula?

  • kilabot

    gatdula, a pma’er. 
    what’s happening to pma, general?

  • http://profile.yahoo.com/3AXROSN6LN5YP66EONOKGSSYFY Ngiping Dilaw

    Nauwi sa relihiyon ang usapan!

    • http://twitter.com/evm4 Angelo Ysagun

      Bibile reader and Church goer daw si Gatdula eh :)

      • http://www.facebook.com/profile.php?id=100002971620021 Noel Recamier

        The worshiper of the Sun as their God is called pagans, in modern times, they worship the wood, stone, & steel, – THE CROSS RELIC. They are both Godless people.

  • Anqui

    The RTC judge is ignorant on what Writ of Amparo means in which he granted it for Gatdula’s petition…some Judges in the Philippines are appointed not by merit on knowledge of the law, but because of political connection.

To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.

Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:

c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City,Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94