MANILA, Philippines — Despite court order, the Department of Justice (DoJ) proceeded with its investigation to determine criminal liability of former National Bureau of Investigation Director Magtanggol Gatdula.
Former National Bureau of Investigation Director Magtanggol Gatdula. INQUIRER FILE PHOTO
In a one-page subpoena, the DoJ panel of investigators required Gatdula to appear before them on March 12 and submit a counter-affidavit explaining his side on allegations of his involvement on the kidnapping, serious illegal detention of Japanese national Noriyo Ohara.
“You are hereby warned that failure on your part to comply with this subpoena shall be considered as waiver to present your defenses in this preliminary investigation and the case shall be considered submitted for resolution based on complainant’s evidence only,” the subpoena dated Feb. 29 stated. The document is signed by Assistant State Prosecutors Juan Pedro Navera, Irwin Maraya and Hazel Decena-Valdez.
Last February 20, the Manila Regional Trial Court Branch 8 stopped the DoJ) from further investigating Gatdula.
In an 11-page order, Manila RTC Judge Felixberto Olalia said “in view of the foregoing, the prayer for the issuance of writ of preliminary injunction is hereby granted. Respondent Secretary Leila De Lima and the panel of investigators chaired by Justice Undersecretary Francisco Baraan are hereby enjoined from issuing or transmitting a report to any government agency obtained through [the Department order that created the panel.”
“Respondents are further restrained from doing, threatening, procuring or suffering to be done acts or transactions which are detrimental or prejudicial to the interest of the petitioner,” the court further stated.
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.