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DOJ forms panel to probe Gatdula, others in ambush of NBI exec
By MARK MERUEÑAS, GMA News
The Justice Department has created a panel of prosecutors that will conduct a preliminary investigation on dismissed National Bureau of Investigation chief Magtanggol Gatdula and 12 others for charges of frustrated murder.
In an order signed by Prosecutor General Claro Arellano, the DOJ designated Assistant State Prosecutors Gino Paolo Santiago, Rassendell Rex Gingoyon, and Prosecution Attorney Gerard Gaerlan to determine if there is probable cause to elevate the complaints to a local court.
The complaint was filed with the DOJ by NBI deputy director Reynaldo Esmeralda and his brother, PO3 Nilo Esmeralda.
Reynaldo Esmeralda, who survived the February 20 ambush, had said the attack could be connected to the case the DOJ recommended against Gatdula for the alleged kidnapping and extortion of P6 million from Japanese national Noriyo Ohara last year.
The complaint was lodged following the arrest of retired police officer Perfecto Villanueva, who confessed to have been ordered by Gatdula and his businessman-friend Tyrone Ong to lead the killing of Esmeralda.
Apart from Gatdula, Ong, and Villanueva, other people charged were alleged gunman Teodoro Avendano, Geryry Farillon, Jose Maglalang, Gino Eustaquio, supposed lookouts Aljun and Alvin Monteclaros, and a certain "Alfred," among others.
Maglalang had also corroborated Villanueva's testimony and said Ong wanted Esmeralda killed because the latter was allegedly the reason why the NBI still owes Ong P150 million as service provider of an NBI clearance project.
Following the ambush on Esmeralda, Gatdula, the highest NBI official at the time, was sacked. He has denied involvement in the kidnapping-extortion controversy, as well as in the attack on Esmeralda. Instead, he turned the tables and blamed Esmeralda and De Lima for the threats he said he has been receiving.
Gatdula was earlier able to secure a writ of amparo from a Manila court after alleging that there was a threat to his life coming from De Lima as well as other NBI and DOJ officials. He also got a go signal from the Manila court to conduct his own investigation on the ambush.
Gatdula's camp, however, had failed to inspect the interior of the vehicle after De Lima and Assistant Solicitor General Amparo Cabotaje-Tang stepped in and prevented them from doing so.
Ohara case
Meanwhile, Virgelito "Labsky" Gutierrez and Jay Ducusin, Gatdula's co-respondents in the Ohara case, have asked the Court of Appeals to issue a temporary restraining order and a writ of preliminary injunction stopping the DOJ to investigate them.
Gutierrez is an NBI asset, while Ducusin is a security volunteer at the NBI.
In a 118-page petition for certiorari, the two suspects stressed that the Manila Regional Trial Court Branch 8 had already issued a writ of preliminary injunction against the DOJ investigation on the Ohara case
The petitioners said the DOJ committed grave abuse of discretion when it recommended a preliminary investigation on the Ohara case.
Also recommended for preliminary investigation in the Ohara case were Mario Garcia, special investigator and former chief of the NBI-Security Management Division (SMD); NBI asset Chona Ellen Esplana; Raul Dimaano, special assistant director for Gatdula; and Jose Odelon Cabillan, former executive officer of the NBI-SMD.
Also recommended to be investigated were: Eduardo Romeo, Arman Alumisen, Fritz Gerald Argente, Marvin del Prado, a certain former M/Sgt Dela Cruz, Donald Dela Cruz, Ricee Marquez, Rinee Marquez, Carl Plantado, a certain “Mags,” and John and Jane Does. — RSJ, GMA News
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