TRO issued on Gatdula probe

MANILA, Philippines - The Manila Regional Trial Court (RTC) yesterday issued a 72-hour temporary restraining order (TRO) on the preliminary investigation of former National Bureau of Investigation (NBI) director Magtanggol Gatdula in connection with the alleged kidnapping and extortion of a Japanese woman.

But Justice Secretary Leila de Lima vowed to question the TRO because “the preliminary investigation, which will determine the existence of probable cause, cannot and ought not to be restrained.”

Named respondents in Gatdula’s petition were De Lima, Department of Justice (DOJ) fact-finding panel head Undersecretary Francisco Baraan III, Assistant Secretary Zabedin Asis and City Prosecutor Donald Lee.

In the ruling, Judge Marino de la Cruz of Manila RTC branch 22 cited Rule 58 Sec.5 (2) of the Rules of Court, which “gives (the) office discretionary authority to consider the applications for the issuance ex-parte of a TRO effective for a period of 72 hours from the time of issuance if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury.”

“The court, after a careful study of the allegations and arguments contained in the verified petition, finds the presence of the aforementioned elements. Further, pursuant to Chapter V, Section 6 of A.M. No. 03-8-02-SC, otherwise known as guidelines in the Selection and Appointment of Executive Judges defining their powers, duties and prerogatives, the conduct of special raffle is allowed in cases involving an application for the issuance of a TRO,” De la Cruz said in his three-page order issued yesterday.

The case was raffled to Manila RTC Branch 8 Judge Felixberto Olalia who scheduled the hearing on Monday, Jan. 30.

Gatdula earlier filed a verified petition for certiorari and prohibition under Rule 65 for the issuance of a 72-hour TRO and urgent motion for special raffle of the same petition with application for TRO for preliminary injunction after his presidential appointment was terminated by Malacañang last Jan. 19.

“The constitution of the DOJ Fact-Finding panel over the kidnapping of Noriyu Ohara under DOJ Order No. 1007, Series of 2011 and its subsequent reconvening under DOJ Order 47, Series of 2012, as well as all proceedings conducted and are being conducted thereto suffered from badges of unconstitutionality as it no less violates several rights of a person enshrined in the Bill of Rights,” Gatdula said in his petition.

He also contended that “those issuances were issued in clear grave abuse of discretion amounting to lack or excess of jurisdiction on the part of De Lima.”

With the issuance of DOJ Order No. 47, Gatdula said he will again be subject to further or another injustice.

He said the same fact-finding panel, with the same composition, will submit their supposed report on Jan. 30 based on the same pieces of documentary and testimonial evidence earlier gathered.

Gatdula claimed that all the proceedings, which he branded as a “witch hunt,” have tainted his character and pre-judged him without giving him the opportunity to avail of his constitutional rights and defend himself.

Gatdula had earlier vowed to fight back to clear his name, strongly denying any involvement in the kidnapping and extortion of Ohara.

NBI security and management division (SMD) head Mario Garcia also tried to stop the release of the DOJ report by asking for a TRO.

DOJ would oppose TRO

De Lima, however, said she would oppose any extension of the 72-hour TRO and seek the dismissal of the petition.

She said she is wondering why Gatdula sought such relief when he has already indicated his desire to prove his innocence.

“Instead of blocking it, Director Gatdula should welcome the (preliminary investigation) as a further opportunity for him to air his side and present evidences,” De Lima said.

The DOJ report revealed Ohara was kidnapped by NBI agents, who asked for P6 million in ransom.