MANILA, Philippines (1st UPDATE) - A criminal complaint for Kidnapping and Serious Illegal Detention was filed against former National Bureau of Investigation (NBI) Director Magtanggol Gatdula and 6 others for the alleged abduction of undocumented Japanese national Noriyo Ohara last October.

The other respondents include: former NBI Security Management Division (SMD) Chief Mario Garcia; his "assets," namely, Chona Elen Esplana and Virgelito Gutierrez alias "Labsky;" Raul Dimaano, Special Assistant of Gatdula; Jose Odelon Cabillan, Special Investigator and former Executive Officer of the NBI-SMD; Jay Ducusin, Gutierrez's driver; and several John and Jane Does.

In a 177-page Fact-Finding Report by a panel created by the Department of Justice (DOJ) led by Justice Undersecretary Francisco Baraan III, Gatdula was recommended charged for allegedly having "prior knowledge of the criminal operation carried out by Chief/SI Mario Garcia and his group, monitored the conduct of the same, and received from Cabillan, through his Special Assistant (Raul Dimaano), part of the initial proceeds of the ransom money; and who, from other direct and several pieces of circumstantial evidence, is shown to have knowledge and participation in the operation and in its cover-up."

Gatdula vehemently denied the allegation, and sought redress before a Manila trial court to enjoin the DOJ from proceeding with its preliminary investigation. The trial court issued a 72-hour temporary restraining order (TRO) in favor of Gatdula, a member of the Philippine Military Academy (PMA) Class of 1976, which it later extended to 20 days.

TRO still in effect

In spite of the effectivity of the TRO, which shall lapse on Feb. 20, the DOJ created a panel to handle the preliminary investigation against Gatdula and the other respondents.

In an Office Order dated February 15, Prosecutor General Claro Arellano directed Assistant State Prosecutors Juan Pedro Navera, Hazel Decena-Valdez, and Irwin Maraya to handle the preliminary investigation.

Justice Assistant Secretary Zabedin Azis, a member of the DOJ Fact-Finding Team that investigated the alleged Ohara kidnapping, however, told ABS-CBN News that Ohara's filing of her complaint constitutes "direct filing" by the alleged victim, herself, and therefore, not covered by the TRO.

"That's different because that is direct filing, and a preliminary investigation on that complaint may not be enjoined by the court, it is not in the jurisdiction of the court," Azis said.

Aside from charging respondents for Kidnapping and Serious Illegal Detention, Ohara also charged Garcia and Esplana with Grave Coercion; Garcia, Esplana, and Cabillan for Falsification; and Esplana and Gutierrez for Robbery.