CA stops DOJ probe vs ex-NBI chief

MANILA, Philippines - The Court of Appeals (CA) has upheld the voiding of a fact-finding probe on former National Bureau of Investigation (NBI) director Magtanggol Gatdula in connection with the kidnapping of a Japanese woman in October 2011.

In a 27-page ruling promulgated on March 24, the appellate court’s Ninth Division dismissed the petition of the Department of Justice (DOJ), which sought to validate its probe on Gatdula.

The CA affirmed the Jan. 29, 2013 decision of the Manila Regional Trial Court (RTC) Branch 8 nullifying the DOJ probe.

The CA agreed with the RTC’s ruling that the fact-finding inquiry was unconstitutional as it violated Gatdula’s right to counsel.

“While the creation of the DOJ panel was constitutional, the evidence gathered against Gatdula, from the proceedings of the panel up to its issuance of the report regarding his administrative and criminal liability, are considered inadmissible in any other proceeding,” read the ruling penned by Associate Justice Victoria Isabela Paredes.

“This court cannot permit and stay on the sidelines when the rights of a person, whether a high-ranking official or an ordinary civilian, have been violated… While the prosecutor alone determines the sufficiency of evidence that will establish probable cause in filing a criminal information, it is within the court’s power to intervene when it is shown that there is grave abuse of discretion,” it stressed.

Associate Justices Isaias Dicdican and Elibu Ybañez concurred with the ruling.

In March 2013, the Sixth Division of the CA issued a similar ruling on a petition filed by Gatdula, which questioned the preliminary investigation against him and others tagged in the kidnapping of Noriyo Ohara.

Following two consistent rulings from the CA on Gatdula’s case, the DOJ will have to resolve the kidnapping charges based solely on the testimony of Ohara and evidence presented by the former NBI chief and other respondents.

In her complaint filed in February last year, Ohara accused Gatdula of conspiring with other respondents – former NBI security management division chief Mario Garcia; his executive officer Jose Odelon Cabillan; their assets Chona Elen Esplana, SMD civilian agent Virgelito Gutierrez and security volunteer Jay Ducusin Gutierrez, and Gatdula’s special assistant Raul Dimaano – in kidnapping her and extorting P6 million from her.