MANILA, Philippines - Dismissed National Bureau of Investigation (NBI) director Magtanggol Gatdula did not attend the first hearing yesterday of the Department of Justice’s preliminary investigation of the criminal complaint for kidnapping and extortion filed against him and others by undocumented Japanese woman Noriyo Ohara.
His lawyer, Abraham Espejo, explained that he and his client skipped the proceeding in deference to their petition, pending before the Manila regional trial court, questioning the DOJ probe.
He also cited another petition asking the DOJ to suspend the preliminary investigation while the court resolves the first petition.
“If we attended the hearing, that would have made our petition moot,” he explained in an interview by phone.
Asked if their petition means Gatdula was submitting to the jurisdiction of the DOJ panel, the lawyer answered in the negative. He said they just want to wait first for the ruling of the court before answering the charges in the preliminary investigation.
The DOJ panel – composed of Assistant State Prosecutors Juan Pedro Navera, Irwin Maraya and Hazel Decena-Valdez – instead directed the complainant to answer Gatdula’s petition within 10 days.
Three other respondents in the complaint – dismissed NBI-Security Management Division chief Mario Garcia, asset Virgelito Gutierrez and Gatdula’s special assistant Raul Dimaano – attended the hearing but did not answer the charges. They instead asked the DOJ to transfer the venue of the preliminary investigation to Manila prosecutor’s office.
Gutierrez’s lawyer, Romeo Esmero, said they believe he could not get a fair trial because the prosecutors named to hear their case were appointed by Justice Secretary Leila de Lima, who has allegedly prejudged the case.
“It’s all stories, all hearsay, but no strong documentary evidence,” Esmero said.
Navera had given Ohara at least 10 days to file their comment on the motions filed by Gutierrez. The next hearing was set on March 21.
In her complaint last month, Ohara accused Gatdula of conspiring with other respondents – Garcia; his executive officer, Jose Odelon Cabillan; their assets, Chona Elen Esplana and Gutierrez; and Dimaano – in her kidnapping and serious illegal detention in October 2011.
Garcia and Esplana will also undergo preliminary investigation for grave coercion, falsification and robbery while Cabillan and Gutierrez are also facing falsification and robbery charges, respectively.
The DOJ proceeded with the preliminary investigation despite an outstanding temporary restraining order (TRO) issued by a Manila court on Jan. 30 prohibiting the DOJ from doing so, based on the findings of a fact-finding committee.
Prosecutor General Claro Arellano earlier explained that the TRO does not cover the investigation stemming from Ohara’s complaint since the court’s order was based on the fact-finding panel’s report.
In its report, the fact-finding panel concluded that based on the testimony of Cabillan, Gatdula “appears to have prior knowledge and participation as well as in (the) coverup” of the operation to abduct and extort P6 million from Ohara.