MANILA, Philippines – Sacked National Bureau of Investigation (NBI) Director Magtanggol Gatdula was able to secure a 72-hour temporary restraining order (TRO) from a Manila trial court preventing the Department of Justice (DOJ) from initiating preliminary investigation proceedings against him on charges of kidnapping and serious illegal detention in connection with the alleged abduction and extortion of undocumented Japanese Noriyo Ohara.
The Manila Regional Trial Court (RTC) issued the temporary relief citing Rule 58 Sec. 5 (2) of the Rules of Court in a 3-page order.
“The Rules of Court gives this office the discretionary authority to consider the application for the issuance ex parte of a temporary restraining order effective for a period of 72 hours from the time of issuance if the matter is of extreme urgency and the applicant with suffer grave injustice and irreparable injury,” the order read.
Gatdula filed an urgent petition for certiorari and prohibition after his presidential appointment was terminated by Malacañang last January 19.
He questioned the findings of a DOJ fact-finding panel against him, which also included recommendations for the initiation of administrative proceedings.
The case was raffled to Manila RTC Judge Felixberto Olalia.
Olalia has set a hearing on Monday, January 30.
The DOJ, however, has earlier put on hold its preliminary investigation against Gatdula as Justice Secretary Leila De Lima ordered the fact-finding panel to “evaluate” its recommendations on Gatdula’s alleged criminal liability.–Ina Reformina, ABS-CBN News
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