MANILA Dismissed National Bureau of Investigation (NBI) Director Magtanggol Gatdula on Friday asked the Department of Justice (DOJ) to suspend the preliminary investigation of the complaint for kidnapping and serious illegal detention filed by an undocumented Japanese national against him and some officials of the NBI.
The NBI, which is the Philippines' premier investigating body, is an attached agency of the DOJ.
In a 10-page petition, Gatdula used as basis the pending civil case he filed before the Manila Regional Trial Court (RTC) to suspend the proceedings at the DOJ.
The former NBI chief said that Section 6, Rule 111 of the Revised Rules on Criminal Procedure provides that they can ask for the suspension of the criminal proceedings if there is a prejudicial question in a pending civil case.
The camp of Gatdula filed on Jan. 26, 2012 the petition for a temporary protection order (TPO) and writ of preliminary injunction before the Manila RTC against DOJ Secretary Leila De Lima and the members of the fact-finding panel pertaining to the criminal case at the DOJ.
Nevertheless, the DOJ proceeded with the conduct of the preliminary investigation based on the criminal complaint filed by Japanese national Noriyo Ohara.
De Lima said that the preliminary investigation at the DOJ was not covered by the petition for a TPO filed by the camp of Gatdula.
Earlier, the panel of prosecutors subpoenaed Gatdula to appear before the preliminary investigation on Monday, March 12, 2012. (PNA)