DOJ okays raps vs NBI's Gatdula et al

by Ina Reformina, ABS-CBN News

Posted at Jan 19 2012 01:56 PM | Updated as of Jan 20 2012 02:15 AM

But De Lima orders review of findings vs Gatdula

MANILA, Philippines (UPDATED) - The Department of Justice (DOJ) has recommended the conduct of preliminary investigation for the criminal offense of kidnapping and serious illegal detention against the following in connection with the alleged kidnapping of Japanene national Noriyo Ohara by officers and agents of the National Bureau of Investigation (NBI):

- NBI Director Magtanggol Gatdula
- Special Investigator (SI) Mario Garcia [former head of the NBI Security Management Division(SMD)]
- Chona Elen Esplana [Garcia's asset, not an organic personnel of the NBI]
- Virgelito "Labsky" Gutierrez [Garcia's asset and alleged lackey of Dir. Gatdula]
- Raul Dimaano [special asst. of Dir. Gatdula]
- Jose Odelon Cabillan [SI and former Exec. Officer of NBI-SMD]

Justice Secretary Leila de Lima also confirmed President Aquino has decided to replace Gatdula as NBI director in light of the DOJ findings.

The following NBI security volunteers [SV] are also recommended to undergo preliminary investigation for kidnapping and serious illegal detention:

-Eduardo "Bong" Romero
-Arman Alumisen
-Fritz Gerald Argente
-Marvin Del Prado
-former M/Sgt Dela Cruz
-Donald Dela Cruz
-Ricee Marquez
-Rinee Marquez
-Carl Plantado
-Jay Ducusin [Labsky's driver]
other John and Jane does

Those recommended for preliminary investigation for grave coercion:
-Chief SI Mario Garcia
-Chona Esplana

Those recommended for preliminary investigation for falsification for presenting to the DOJ fact-finding panel an alleged falsified logbook and for directing Cabillan to "falsify a Turn Over Report" where it was made to appear that Ohara's foster family, the Marzans, voluntarily turned her over to the NBI: -Mario Garcia

Recommended for preliminary investigation for falsification for falsifying the Turn Over Report: -Jose Odelon Cabillan

Recommended for robbery for "forcibly taking the bulk of Noriyo Ohara's personal properties which were with her during her detention at the NBI SMD":
-Mario Garcia
-Chona Esplana
-Virgelito "Labsky" Gutierrez.

Those recommended for filing of administrative charges:
-Gatdula [grave misconduct, gross neglect of duty, gross insubordination and conduct prejudicial to the best interest of the service] 
-Garcia [grave misconduct,serious dishonesty,being notoriously undersirable,conduct prejudicial to the best interest of the service]
-Atty Claro De Castro Jr. [serious dishonesty and insubordination]
-Raul Dimaano [grave misconduct and conduct prejudicial to the best interest of the service].

As far as the recommendations for preliminary investigation on the criminal aspect, De Lima said she will forward it to Prosecutor General Claro Arellano for proper disposition.

However, as far as Dir. Gatdula is concerned, De Lima bared she will reconstitute the fact-finding panel composed of its chairman, Justice Undersecretary Francisco Baraan III, Asst. Secretary Zabedin Azis, and City Prosecutor Donald Lee to "review and reasses" their findings.

"I will reconstitute them as a panel to review and reassess the criminal culpability of Director Gatdula, the actual extent or nature of his criminal culpability. Is it through direct participation or is [he] an accessory or is it something else like obstruction of justice so that the PI can also be guided as to exactly what are the findings of gthe panel," she said.

"I just want to be very sure given the rank and status of Gatdula," she added.