Gatdula seeks dismissal of kidnapping case

MANILA, Philippines - Former National Bureau of Investigation (NBI) director Magtanggol Gatdula has sought for the dismissal of the kidnapping raps filed against him by Japanese Noriyo Ohara before the Department of Justice (DOJ) in October last year.

Gatdula, through his lawyer Allen Blair Boy, filed his counter-affidavit with the DOJ, denying the charges of kidnapping, serious illegal detention, grave coercion and robbery leveled against him.

Gatdula, however, was a no-show in yesterday’s preliminary investigation, prompting State Prosecutor Juan Pedro Navera to admonish his counsel for subscribing to his counter-affidavit before Assistant State Prosecutor Jayvee Laurence Bandong, who was not part of the panel hearing the case.

The DOJ reset the hearing on Sept. 28 at 10 a.m.

“In view of all the foregoing, it is most respectfully prayed to this Honorable Office that the instant-letter complaint be dismissed to save the state’s valuable time and resources from further prosecuting baseless and malicious suits, and also saving us from undue political harassments,” Gatdula said in his 33-page affidavit.

“Respondent is executing this affidavit to attest to the truth of the foregoing averments and to seek the dismissal of this instant complaint,” he said.

The former NBI chief said if there was really kidnapping, then the complainant should not have gone back to the NBI for several times.

“The elements of the crime were not proven in the letter-complaint or in the affidavit of Ohara dated Dec. 28, 2011,” Gatdula said.

“The allegations hurled by the complainant against herein respondents are obviously unsubstantiated, false, speculative and do not in any manner support a finding of probable cause. The Supreme Court had an occasion to rule that flimsy and speculative allegations cannot be the basis for a criminal charge and a finding of probable cause,” he added.

Also named respondents in the case were dismissed NBI personnel Raul Dimaano; NBI security management division chief Mario Garcia; NBI-SMD executive officer Jose Odelon Cabillan; and their assets Chona Elen Esplana, Virgelio Gutierrez and driver Jay Ducusin.