Manila RTC tells Aquino, gov’t officials not to discuss pending cases in public

MANILA, Philippines—The Manila Regional Trial Court Branch 8 on Monday cautioned government officials from discussing pending cases as it could “influence in the administration of justice.”

The reminder was included in the order issuing a preliminary injunction against the Department of Justice (DoJ) from further investigating former National Bureau of Investigation Director Magtanggol Gatdula.

While it did not directly give caution to President Benigno Aquino III, the Manila Court’s order included a transcript of the event in La Consolacion where he mentioned about the NBI case.

“How will this affect your reform agenda in making corrupt officials accountable to their misdeeds…extremely difficult if not impossible. Alam nyo binigyan ko kayo ng sample andito si Secretary Leila De Lima. Naalala ko tuloy, may akusasyon laban sa mga opisyal ng NBI diba nakakuha sila ng TRO (I gave you an example. Secretary Leila de Lima is here. Now I remember, there is an accusation against officials of the NBI. They got a TRO, right?)” the Manila Court quoted Aquino’s transcript.

“xxx Ito ang gusto ko lang i-highlight, may katiwalian, may obligasyon na iayos itong NBI tapos sasabihan kang di kayo pwedeng kumilos. Anong klaseng hustisya yon? (This is what I want to highlight, there is an anomaly, there is an obligation to fix the NBI then they will tell us we can’t do anything about it),” the Manila Court further quoted the President.

“Although the prosecutors are not judges nor jurors, as contemplated by the subjudice rule, their recommendation is penal in nature and may throw petitioner in jail while waiting trial,” the Manila Court said.

“The cautionary principle underlying the subjudice rule where it simply restrain the use of pronouncement in media because of the said public pronouncement suffer in completeness and the prosecutor-jurors seldom see more than a fraction of alleged violation without rebuttal of respondent in an investigation conducted by a panel,” the court said.

The Manila Court, in its order, granted Gatdula’s prayer for preliminary injunction.

It also restrained the DoJ “from doing, threatening, procuring or suffering to be done acts or transactions which are detrimental or prejudicial to the interest of the petitioner.”

The order was issued after the lapse of the 20-day temporary restraining order issued by the court. The injunction will stay until lifted by the court or until the case was resolved by the court.

Gatdula filed an urgent petition for certiorari and prohibition before the Manila Court after he was dismissed as NBI head and was recommended to be subjected to a preliminary investigation for kidnapping and serious illegal detention.

The panel of investigators recommended that Gatdula be held liable for kidnapping with serious illegal detention for the abduction of Japanese national Noriyo Ohara.