DoJ asks court to withdraw writ of amparo granted to ex-NBI head
MANILA, Philippines—The Department of Justice (DoJ) on Monday asked the Manila City Regional Trial Court Branch 26 to reconsider its decision granting a writ of amparo and protection order to former National Bureau of Investigation (NBI) Director Magtanggol Gatdula and his family.
In a 52-page motion for reconsideration filed by the DoJ through the Office of the Solicitor General, respondents asked Manila Court Judge Silvino Pampilo Jr. to withdraw the writ of amparo it issued for lack of basis because they are not the source of the alleged threat to Gatdula and his family.
In issuing a writ of amparo in favor of Gatdula, Judge Silvino Pampilo ordered the Philippine National Police (PNP) to grant continued protection for Gatdula and his family. The court also allowed Gatdula to inspect the vehicle of Deputy NBI Director Reynaldo Esmeralda which he was using when he was ambushed last month.
Gatdula sought the court’s protection after he accused the DoJ and the National Bureau of Investigation of staging an ambush to pin the blame on him.
Esmeralda and his brother were ambushed last month by two men riding a motorcycle while the victims were 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.
But the government lawyers, through Assistant Solicitor General Amparo Cabotaje-Tang, said the request of Gatdula to inspect the vehicle was “irrelevant.”
Aside from that, the Manila Court also ordered the DoJ and NBI as well as the Manila Doctors Hospital to provide Gatdula legible certified true copies of medical reports, forensic reports and ballistic reports that were prepared in relation to the ambush incident.
The Manila Court, through Pampilo, issued the order after Gatdula presented two witnesses detailing the threats to his and his family.
Meanwhile, Judge Pampilo set the motion for a hearing on March 27.
