By Sandy Araneta
The Philippine Star

MANILA, Philippines – Former police general Magtanggol Gatdula vowed to fight back to clear his name of the allegations of kidnapping and extortion that led to his relief as director of the National Bureau of Investigation (NBI).

“I want my name, my reputation to be cleared. It may be a long fight but I have to protect my name, which I have protected through my 40 years in public service. I will fight back,” Gatdula said over GMA-7 late Friday.

Gatdula also spoke on ABS-CBN regarding his relief as NBI chief.

“When the President lost trust and confidence, that’s my signal to go out,” Gatdula said.

Gatdula said he had accepted the order of relief from the President but stressed he could not accept his person being maligned by the allegations.

Gatdula claimed he was not even given a chance to air his side.

“I kept my silence these past few days when my reported removal started coming out in the media. I filed my leave of absence precisely to give them a free hand to investigate. But they trampled on the rule of law. Where is the rule of law when I was not even given a chance to face my accusers?”

“They say we must follow the law and justice. But is it a one-way street? I might be bitter because they are trying to destroy my name and reputation,” he said.

Gatdula gave separate interviews before national television on Friday, denying the allegations of the Department of Justice (DOJ).

“My reputation and career were destroyed by the allegations. I was hurt but there is nothing I can do about it. Never in my life, in my police career, military career that I extorted money,” Gatdula lamented.

Justice Secretary Leila de Lima said Gatdula has been ordered relieved from his post following the report of the DOJ panel that recommended the filing of charges against him and other NBI officials.

Malacañang upheld the findings of the DOJ panel implicating Gatdula and other NBI officials in the kidnapping and extortion of Japanese national Noriyo Ohara.

Malacañang yesterday maintained there was no prejudgment on the cases involving Gatdula.

Deputy presidential spokesperson Abigail Valte also denied De Lima had maltreated Gatdula.

“There has been a fact-finding (investigation) and President Aquino himself has spoken that there has already been a loss of trust and confidence, and as such he could no longer continue (serving) in that position. Because it’s already the appointing authority that has spoken,” Valte said over radio dzRB.

Valte said the President made an assessment of the findings of the DOJ and “authorized the replacement” of Gatdula.

“These are positions of trust and confidence,” she said.

The DOJ said “inconsistencies” surrounding the alleged P6-million extortion of the undocumented Japanese national by the NBI led to the replacement of Gatdula.

On Friday, Aquino said, “at the end of the day, the head of the principal agencies will be a person who has our trust and confidence. The trust is no longer there.”

Valte said there was no judgment yet since there would be a preliminary investigation into the kidnapping and extortion charges against Gatdula and the others.

“Of course, Director Gatdula will be given the chance to defend himself in those proceedings,” Valte said.

Asked why Aquino was quick to remove Gatdula while considerate with other officials who were also involved in controversies, Valte stressed the cases were different.

‘Face them squarely’

Gatdula, on the other hand, said he is preparing for his defense.

“We are doing our legal moves. I’ll face them in court. I will face them squarely,” he said.

Gatdula particularly pointed to NBI agent Jose Cabillan as a witness to the case, whom he accused of lying.

Gatdula lamented the DOJ fact-finding body relied heavily on the testimony of Cabillan.

“They (DOJ panel) relied heavily on what they wanted to hear. They should have been fair by allowing me to face the witness,” he said.

Gatdula stressed he “was never given due process.”

He claimed he was not even provided a copy of the complaint and the panel report to prepare his defense.

Gatdula said he has not yet talked to President Aquino and De Lima since he filed a leave of absence last December.

“Because I trust in our criminal justice system,” he said.

“I kept my silence when I took a leave of absence. I am just waiting and trying to find out what the results are (of the investigation of the DOJ panel).”

Gatdula suggested he may have “run over” or “stepped on” someone who was interested in his post.

“Or there must be somebody interested in my position. Those are among my theories,” he said.

Gatdula, a former Quezon City police director, was appointed as NBI director in July last year.

Gatdula is also a former member of the defunct Presidential Anti-Organized Crime Task Force (PAOCTF), several of whose members have been implicated in the November 2000 murders of publicist Salvador Dacer and driver Emmanuel Corbito.

Gatdula earlier denied being involved and was never implicated in the Dacer-Corbito case. – Aurea Calica

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RELATED STORY:

Gatdula decries kidnap raps

By Edu Punay
The Philippine Star

MANILA, Philippines – The camp of Magtanggol Gatdula decried yesterday his removal as director of the National Bureau of Investigation (NBI) and called his being linked to kidnapping and extortion of a Japanese national politically motivated.

“I’d like to think there is politics involved here. There are some people who are very interested in the position (NBI director),” Gatdula’s lawyer Abraham Espejo said over ABS-CBN’s morning show “Umagang Kay Ganda.”

He did not explain what role politics could have played in Gatdula’s being implicated in the kidnapping and extortion of Noriyo Ohara and in his dismissal.

Espejo said he found it questionable that the Department of Justice (DOJ) panel, chaired by Undersecretary Francisco Baraan III, would approve the filing of kidnapping for ransom and serious illegal detention charges against his client based merely on the testimony of another official tagged in the case.

He was referring to Special Investigator Jose Odellon Cabillan, executive officer of the NBI security and management division, who had claimed that Gatdula “had personal knowledge of the crime and cover-up.”

“Cabillan is an incredible witness; his statement is based on hearsay and did not have any evidence at all, so why would you penalize someone based on tsismis (rumor)?”

He said they plan to take legal action against Cabillan.

“He (Cabillan) is supposed to be the most guilty, and the rule says the most guilty cannot be used as state witness,” Espejo said.

He also claimed his client was not accorded due process since he was not given the chance to submit an answer to the allegations against him. In fact, he said, Gatdula didn’t even know he was among those being investigated. He cooperated with the probe and attended the hearing only as resource person.

“With all due respect, the DOJ officials admitted he, Director Gatdula, was not the subject of the investigation. So why then is he being charged?” Espejo argued.

“It’s only a matter of time that the people will know the truth.”

De Lima’s defense

Justice Secretary Leila de Lima, meanwhile defended the findings of the

DOJ panel but stressed they were “not yet conclusive” and would still be subject to preliminary investigation.

The DOJ chief also said due process is immaterial in Gatdula’s relief from his post because he is a presidential appointee and not a career official covered by civil service laws.

De Lima said Gatdula was also given the chance to explain his side when he testified before the panel. “Now if he wants full-blown explanation of defense, he can have that in the formal criminal and administrative proceedings.”

“I want to be enlightened as to the exact extent of his criminal culpability; was he principal to the kidnapping for ransom and serious illegal detention or an accessory or liable for obstruction of justice since there’s discussion about the cover-up,” she clarified.

For this, she re-constituted the fact-finding team through Department Order No. 047 “for the sole purpose of re-assessing and re-evaluating the recommendation to charge Director Gatdula for kidnapping and serious illegal detention.”

She also cited the need for investigators to exercise “utmost prudence and diligence in this highly sensitive matter,” and to recognize “the unusual circumstances created by the rank, status and sensitivity of the position once held by the former NBI director, juxtaposed against the gravity of the charges against him.”

She gave the panel until Jan. 30 to submit a supplemental report. The preliminary investigation into Gatdula’s involvement will only be made after a review of the panel’s findings.

But preliminary investigation will push through for Cabillan and other officials implicated in the case – NBI SMD head Special Investigator Mario Garcia, “assets” Chona Ellen Esplana and Virgelito Gutierrez alias Labsky, Gatdula’s special assistant Raul Dimaano, and 12 other security volunteers.

Meanwhile, NBI Deputy Director Rickson Chiong and Assistant Director Medardo de Lemos have been cleared of any criminal liability by the DOJ panel, contrary to reports in The STAR last Jan.18.

The DOJ chief has already directed Prosecutor General Claro Arellano to start the preliminary investigation.

De Lima said Gatdula’s relief is already official based on a termination letter signed by the President through Executive Secretary Paquito Ochoa Jr. last Thursday.

“This is to inform you that your appointment as director of the NBI is hereby terminated effective this date,” read the letter distributed to media by the DOJ chief.

There is no Palace announcement yet of Gatdula’s replacement. Customs deputy commissioner Danny Lim, a decorated military official, was at the DOJ yesterday where he confirmed an offer two weeks ago from De Lima to replace Gatdula.

Retired Philippine National Police chief Raul Bacalzo Jr. and Police Director Samuel Pagdilao, head of PNP-Criminal Investigation and Detection Group (CIDG), are also reportedly being eyed the post.

Pagdilao’s detractors, however, were reportedly using the case of a Singaporean who was reported kidnapped but who turned out to be arrested by his men for illegal scrap metals trade to block his possible appointment as NBI chief.

Ah Chai Teo was arrested at a mall in Pasay City last Dec. 17 and charged with illegal possession of firearms by the national prosecution service of the DOJ.

Teo’s kidnapping story, Pagdilao said, stemmed from a report made by a certain Janet Villareal, manager of the Octagen Metal Co. last Dec. 19 to the PNP’s Police Anti-Crime Emergency Response (PACER) that her Singaporean employer Teo had been missing since Dec. 16.

Pagdilao said it turned out that the person who was reportedly kidnapped was the same Teo that the AFCCD had arrested.

DOJ screening

At Malacañang, President Aquino said it’s De Lima’s task to screen applicants or candidates for the top NBI post.

“The Justice secretary is now in the process of trying to vet the candidates to replace director Gatdula,” he told Palace reporters in an informal interview.

Aquino also stressed Gatdula had been given a chance by the DOJ panel to defend himself.

“The point here is that there were several occasions that he (Gatdula) was informed either by the media or the secretary of Justice herself and others of the question of Ohara being detained at the NBI,” Aquino said.

“She’s a foreigner, the main issue first is the illegal entry, the proper venue should be the Bureau of Immigration. My orders to transfer the person to the Bureau of Immigration were not carried out,” he explained.

“That to me is insubordination. At the end of the day, the head of the principal agencies will be a person who has our trust and confidence. The trust is no longer there,” Aquino declared. With Delon Porcalla, Non Alquitran

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