Judge grants Gatdula writ of amparo

MANILA, Philippines - A Manila judge granted yesterday a petition by former National Bureau of Investigation (NBI) director Magtanggol Gatdula for a writ of amparo to protect him and his family from possible harm.

In a four-page decision, Regional Trial Court Branch 26 Judge Silvino Pampilo Jr. directed Justice Secretary Leila de Lima, NBI officer-in-charge Nonnatus Caesar Rojas and NBI deputy director Reynaldo Esmeralda to “cease and desist from further threatening the petitioner and his family’s lives, liberty and security.”

Gatdula, in seeking the writ, presented two witnesses who said armed men who identified themselves as from the NBI were looking for him.

Pampilo said “mere communication to petitioner of an intent to inflict harm should already bring about the issuance of a writ of amparo.”

Gatdula said the respondents would frame him for the ambush on Esmeralda in retaliation for the writ of preliminary injunction in the kidnapping case filed by Japanese woman Noriyo Ohara against him and other NBI officials and agents.

Pampilo issued an inspection order to allow Gatdula or his representative to inspect and photograph the vehicle Esmeralda was riding at the time of the ambush. He set the inspection on March 26 and 27 at the NBI headquarters.

The judge also issued a production order to authorize Gatdula or his representative to obtain certified true copies of medical, forensic and ballistic reports related to the Feb. 22 ambush.

He also said the March 8 temporary protection order, which gives police protection to Gatdula and his family, will remain in effect until further notice.

“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,” Pampilo said.

Meanwhile, the judge told reporters that since he started hearing Gatdula’s case, the NBI, the Intelligence Service of the Armed Forces of the Philippines and the National Intelligence Coordinating Agency have been monitoring him but he has received no threats so far.