MANILA, Philippines – The Department of Justice (DoJ) said they were not defying the temporary restraining order issued by the Manila court even as it decided to investigate former National Bureau of Investigation chief Magtanggol Gatdula following a complaint filed by his alleged victim, an official said Wednesday.
Justice Assistant Secretary Zabedin Azis said the TRO by the lower court only covered the findings of a DoJ-backed panel that initially investigated Gatdula for the alleged kidnapping of Noriyo Ohara, a Japanese national, based on the column of Mon Tulfo on the Philippine Daily Inquirer and on the appeal by Ohara’s foster family to Justice Secretary Leila de Lima.
Ohara had filed a separate complaint against Gatdula, which Azis said, “wasn’t part of the TRO issued by the Manila RTC”.
“The complaint filed by Ohara against Director Gatdula is not part of the TRO issued by the Manila RTC,” Azis, a member of the DoJ fact-finding team told reporters.
The DoJ created another panel of investigators to determine if there was enough basis to warrant the filing of criminal case against Gatdula.
Based on Office Order No. 106 dated February 15, Prosecutor General Claro Arellano designated Assistant State Prosecutor Juan Pedro Navera, Hazel Decena-Valdez and Irwin Maraya to “handle the preliminary investigation and if the evidence warrants, file the corresponding information/s before the appropriate court.”
“This order takes effect immediately and shall remain in force until further orders,” Arellano said in the order.
The Manila RTC had granted Gatdula’s petition for a TRO against the DoJ investigation into his alleged involvement in the abduction of Ohara.
The TRO will expire on February 20 and a hearing will be conducted by the Manila Court on Thursday, February16 to determine if the TRO will be made permanent.