Ex-NBI chief seeks reversal of DOJ ruling

by Ina Reformina, ABS-CBN News

Posted at Jul 13 2012 06:58 PM | Updated as of Jul 14 2012 03:09 AM

MANILA, Philippines – Former National Bureau of Investigation (NBI) Director Magtanggol Gatdula and his co-respondents in the complaint for kidnapping and extortion filed by Japanese national Noriyo Ohara intend to seek a reversal of the Department of Justice's (DOJ) omnibus order junking their bid for the suspension of preliminary investigation proceedings and the inhibition of state prosecutors.

Gatdula, through counsel, already filed a motion for reconsideration (MR) on the order but he intends to file a supplemental MR. He and his co-respondents, who have expressed intention to file their own motions, will do so on April 17 -- the next hearing schedule.

Ohara charged Gatdula, former NBI Security Management Division (SMD) Chief Mario Garcia, NBI 'assets' Chona Elen Esplana and Virgelito Gutierrez alias 'Labsky,' Gatdula's former special assistant, Raul Dimaano, former NBI-SMD Executive Officer Jose Odellon Cabillan and Gutierrez's driver, Jay Ducusin for her alleged kidnapping last October. She also accused them of extorting P6 million from her.

Gutierrez, through counsel, expressed dismay about the continuing preliminary investigation. His camp stressed that they filed a petition for certiorari before the Court of Appeals (CA) questioning the DOJ's jurisdiction over the case considering that a Manila trial court had issued a writ of preliminary injunction on the usage of any evidence obtained in the department's fact-finding probe into Ohara's alleged kidnapping.