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01/28/2012
The Manila regional trial court (RTC) has issued a temporary restraining order (TRO) stopping the Department of Justice (DoJ) from proceeding with the probe into the alleged involvement of sacked National Bureau of Investigation Director Magtanggol Gatdula in the kidnapping and extortion of Japanese woman Noriyo Ohara in October last year.
The 72-hour TRO was signed yesterday by Manila RTC Executive Judge Marino de la Cruz.
The 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 TRO effective for a period of 72 hours from the time of issuance if the matter is of extreme urgency and the applicant will 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 Jan. 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 who will preside over the hearing scheduled on Monday, Jan. 30.
The DoJ earlier had put on hold its preliminary investigation of Gatdula as Justice Secretary Leila de Lima ordered the fact-finding panel to “evaluate” its recommendations on Gatdula’s alleged criminal liability.
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