MANILA, Philippines–The government owes axed National Bureau of Investigation director Magtanggol Gatdula an apology, according to his lawyer.
Abraham Espejo, in a text message to media, made the comment in reaction to Justice Undersecretary Francisco Baraan III’s recent statement that there was no formal criminal complaint against his client in connection with the alleged kidnapping of Noriyo Ohara, an undocumented Japanese national.
Baraan is one of the heads of a Department of Justice fact-finding panel tasked to investigate the NBI for alleged multimillion extortion and unauthorized arrest of Ohara in October last year.
Last month, the panel had recommended in a report that kidnapping and serious illegal detention complaints be filed against Gatdula, who was later relieved of his post by President Aquino.
But Espejo pointed out that if in the first place, there were no criminal complaints filed against Gatdula by Ohara or her Filipino foster family, “then it can only mean that all the accusations of kidnapping [against Gatdula] would not have any factual basis.”
Only the victims could file a criminal complaint, Espejo said. The DOJ only took cognizance of the case after Ohara’s foster family–the Marzans of Bugallon, Pangasinan–approached INQUIRER columnist Ramon Tulfo for help, and Tulfo, in turn, referred the case to Justice Secretary Leila de Lima.
To date, neither Ohara nor her foster family has filed formal criminal complaints.
“I am sad that Malacañang declared my client as a kidnapper. It was unfair and unjust. Gatdula will not go back to government. No more. But they owe him an apology,” Espejo said.
Espejo said Gatdula will be pushing through with his petition at the Manila regional trial courts seeking to stop the DOJ fact-finding panel from implementing their recommendations on the case.
Gatdula alleged that the panel violated his constitutional rights when they invited him as a resource person for their investigation in December, only to use his statements to implicate him in their report.