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MANILA, Philippines – The Department of Justice (DOJ) dismissed the petition of sacked National Bureau of Investigation (NBI) director Magtanggol Gatdula to stop the preliminary investigation that the department is conducting against him, the Philippine News Agency (PNA) reported.
The DOJ said the ruling of Manila regional trial court (RTC) Branch 8 declaring as unlawful an earlier DOJ fact-finding investigation – which recommended filing of charges against Gatdula – has no effect on DOJ’s preliminary investigation.
The omnibus order dated July 16, 2012 issued by the DOJ panel created to look into Gatdula’s case reads: “The issue raised in the civil actions before the Manila RTC is whether or not the fact-finding panel’s actions and proceedings violated respondents-movants’ constitutional rights to due process, to counsel, and against self-incrimination.”
“On the other hand, the only issue raised in this preliminary investigation, is whether or not there is sufficient ground to engender a well-founded belief that the crimes as alleged by the complainant had been committed and the respondents are probably guilty thereof and should be held for trial,” it added.
The DOJ panel is composed of Assistant State Prosecutor Juan Pedro Navera, Irwin Maraya and Hazel Decena-Valdez said that the preliminary investigation was about the complaint filed by Ohara.
Gatdula is accused of being involved in the alleged kidnapping and extortion attempt on Japanese woman Noriyo Ohara in December 2011.
Given the ruling, Gatdula and other respondents in the case are expected to file their counter-affidavits. – with Philippine News Agency
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