Axed NBI chief seeks new TRO, says case ‘railroaded’

Former National Bureau of Investigation (NBI) Director Magtanggol Gatdula on Monday insisted on stopping the criminal probe against him, saying the case had been “railroaded” by a Department of Justice fact-finding panel.

Gatdula, who took the witness stand on Monday morning, is seeking a new temporary restraining order against the DOJ fact-finding panel’s recommendation to subject him to a preliminary investigation for the alleged kidnapping and illegal detention of Japanese national Noriyo Ohara.

In his petition for a TRO, heard before Judge Felixberto Olalia Jr. of Manila Regional Trial Court Branch 8, Gatdula sought an extension to the three-day TRO  earlier granted by Judge Olalia on Friday.

Gatdula’s lawyer, Abraham Espejo, said Gatdula was in danger of “being prosecuted for a nonbailable offense” based on what he claimed was an “illegal investigation” and a “railroading” conducted by the DOJ fact-finding panel.

But Assistant Solicitor General Amparo Cabotaje-Tang, representing respondents Justice Secretary Leila de Lima and the Department of Justice fact-finding panel heads Undersecretary Francisco Baraan III, Assistant Secretary Zabedin Asis and city prosecutor Donald Lee, dismissed the alleged danger and thus the necessity for a TRO.

She pointed out that De Lima had issued a directive to the DOJ panel to review its findings. The panel could still change its findings and exonerate Gatdula, she argued.

The DOJ fact-finding panel was expected to submit its final recommendations on the criminal charges to be filed against Gatdula.

Gatdula, however, had been sacked by President Aquino on Jan. 19, based on the findings of the Department of Justice panel linking him to the unauthorized arrest of Ohara, and the reported extortion of P6 million for her release.

Espejo said Gatdula was not attempting to be reinstated as NBI director, but he was only “waiting for justice to prevail.”

“What is involved here is a violation of the petitioner’s constitutional rights,” Espejo said. “If this could be done to him, it could be done to any Filipino.”

During the hearing, Gatdula said he was invited only “as a resource person” to the Department of Justice investigation and was never given a copy of the report. He only learned that the DOJ panel had recommended charges against him through the media.

“I was invited to shed light on the case. I answered everything as far as I know,” he said.

Espejo said the DOJ panel violated Gatdula’s right against self-incrimination, right to counsel and right to remain silent, when they invited him to their investigation on December 22 and then used his statements to incriminate him.

But Cabotaje-Tang argued that Gatdula had come “voluntarily” and could have invoked his rights during the investigation.

Espejo also found it “unusual” that the panel could wrap up its investigation and come up with a 176-page report, with 50 listed annexes, in a four-week period, from December 6 to January 9.