De Lima urges sacked NBI chief to air side in preliminary investigation

MANILA, Philippines—Dismissed National Bureau of Investigation director Magtanggol Gatdula should not block but instead avail himself of the right to a preliminary investigation as a venue to air his side and defense, Justice Secretary Leila de Lima said Saturday.

“Instead of blocking it, he should welcome the preliminary investigation as a further opportunity for him to air his side and present defenses,” De Lima said in a text message to the Inquirer.

She was reacting to the Manila Regional Trial Court’s grant of a 72-hour temporary restraining order sought by Gatdula against a preliminary investigation being conducted by the DOJ.

She said the Department of Justice has asked the judge to recall the TRO.

“The DOJ through the Office of the Solicitor General will oppose any extension of that 72-hour TRO and seek for the dismissal of the case. It is elementary that a preliminary investigation which will determine the existence of probable cause cannot and ought not to be restrained,” she said.

A DOJ fact-finding panel formed by De Lima was  set to come up on Monday with its final recommendations of what criminal charges may be filed against Gatdula in connection with the alleged kidnapping and detention of Japanese illegal immigrant Noriyo Ohara by unauthorized NBI agents last October.

The fact-finding panel earlier found out that Gatdula and other NBI officials knew about the abduction and tried to cover it up. Gatdula was later fired by  President Benigno Aquino for disobeying an order to turn over Ohara to the Bureau of Immigration.

While criminal cases against other NBI officials, agents and private respondents have started, De Lima asked the panel to review its findings regarding the extent of Gatdula’s alleged involvement in the crime.

Gatdula  questioned the validity of the fact-finding panel headed by Undersecretary Francisco Baraan III and said that the panel’s proceedings violated his basic rights.