De Lima, NBI execs ask judge to junk Gatdula's writ of amparo

MANILA, Philippines - Justice Secretary Leila de Lima, National Bureau of Investigation officer-in-charge Nonnatus Caesar Rojas and NBI deputy director for technical services Reynaldo Esmeralda asked a Manila judge to junk a writ of amparo granted to former NBI director Magtanggol Gatdula.

In a 51-page motion for reconsideration filed before Regional Trial Court Branch 26 Judge Silvino Pampilo Jr., the three officials – represented by the Office of the Solicitor General (OSG) – said the court committed a “reversible error” in granting the writ.

The OSG said by granting the writ, Pampilo gave credence to Gatdula’s claim that they are threatening his right to life, liberty and security by framing him for the Feb. 21 attack on Esmeralda.

The OSG said the alleged threat to Gatdula is not the kind of threat sought to be protected by the rule on the writ of amparo.

He also failed to cite any specific actions amounting to a threat of extralegal killing or enforced disappearance by the respondents against him or his family, the OSG said.

The witnesses presented by Gatdula’s camp “because they were asked by persons alleged to be investigators or NBI agents” but the identity of these alleged investigators were never established during the summary hearing, according to the OSG.

As for Gatdula’s request for access to the medical records of Esmeralda and other documents, which the court granted, the OSG said since Gatdula did not file the proper motion with a supporting affidavit it would be tantamount to a fishing expedition.