MANILA, Philippines — The Philippine National Police has been ordered by a local court to continue extending protection to former National Bureau of Investigation (NBI) Director Magtanggol Gatdula and his family.
Former National Bureau of Investigation Director Magtanggol Gatdula. INQUIRER FILE PHOTO
In issuing a writ of amparo in favor of Gatdula, Judge Silvino Pampilo of Branch 26 of the Manila regional trial court also allowed Gatdula to inspect the vehicle of Deputy NBI Director Reynaldo Esmeralda which he was using when he was ambushed in February.
The inspection of the vehicle will be in the morning of March 26 and 27 as part of preserving evidence.
Esmeralda and his brother were ambushed by two men riding a motorcycle while travelling in a four-vehicle convoy along Apacible Street, Paco, Manila. Esmeralda sustained minor injuries while his brother was hit by a bullet on the right shoulder.
The “ambush me” tag came up following reports that the crime scene was cleared immediately after the incident and Esmeralda managed to call De Lima a few minutes after the ambush.
Aside from that, the Manila Court also ordered the DoJ and NBI as well as the Manila Doctors Hospital to provide Gatdula with legible certified true copies of medical reports, forensic reports and ballistic reports in relation to the ambush incident.
The Manila Court, through Pampilo issued the order after Gatdula presented two witnesses detailing the threats to him and his family.
Government lawyers argued that the witnesses had no personal knowledge of the circumstances surrounding the threat and that Gatdula was not entitled to the writ of amparo because he has not actually suffered deprivation of life, liberty and property.
The court, however, said “under the Rule on Writ of Amparo, this remedy can be used even in cases of threatened deprivation of liberty, even if the subject has not been actually arrested or has not disappeared.”
“Petitioner cannot be expected to wait until such time that he is already shot at or illegally detained to file a petition for the issuance of a Writ of Amparo. Besides, the rule is proactive, it is anticipatory, serving to prepare or control an expected occurrence or situation,” the court said.
Justice Secretary Leila De Lima, together with Justice Undersecretary Francisco Baraan, related the ambush to the case of Japanese national Noriyo Ohara who accused Gatdula and several other ranking NBI officials of alleged kidnapping and extortion.
Gatdula has since been relieved from his post.