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Monday, January 9, 2012

Protectors or partners in crime?

In 2009, Japanese national Noriyo Ohara landed at the Ninoy Aquino International Airport, a fugitive from Tokyo allegedly fleeing from the dreaded Yakuza which has killed her father.

Thereby began a story of lies, mystery and intrigue that could be a plot for a mystery novel or a telenovela.

She arrived in Manila using a Philippine passport.

Sources said she did not pass standard immigration screening at the airport. From planeside, she was whisked to a place in Metro Manila with the help of a Bureau of Immigration (BI) employee.

She acquired two vehicles (a BMW and a Honda City), furniture and other assets.

She was issued a driver’s license by the Land Transportation Office (LTO) under the name Marife Laganas.

She lived with the Marzan family in Las Piñas City who, according to one version of the story, took possession of her house, lot, cars and other assets, including her passport.

For more than two years, she resided in the country as an illegal alien, moving freely, so the Marzans claimed, exercising the rights and privileges of a Filipino citizen.

Her personal story came to light on Oct. 28, 2011, when the Security Management Division of the National Bureau of Investigation received a letter, purportedly from Ms. Ohara, talking about her exploitation by the Marzans and her desire to recover her assets from the Marzan family.

The letter sparked a raid by SMD men in Bugallon, Pangasinan, to “rescue” the Japanese.

Another version of the story has come out since then. The Marzan family has come out in media saying that Ohara was a victim of extortion by the NBI-SMD who detained Ohara so they can get money from Ohara and the Marzans.

The issue has become a full-blown controversy when it became fodder for media and NBI Director Magtanggol Gatdula has even been dragged into the controversy because of claims of command responsibility.

Out of a sense of delicadeza, Gatdula has filed for a leave of absence to give the Department of Justice full opportunity to investigate the case without fear that he would in a way influence and interfere in the investigation.

We hope that the investigation ordered by Justice Secretary Leila de Lima will go deeper beyond the baffling and bewildering accusations of the Marzans against the NBI-SMD officers and operatives.

Some critical questions must be raised: Who at the Department of Foreign Affairs issued Ms. Ohara the Philippine passport and visa? Who facilitated Ohara’s arrival at the international airport and enabled her to pass immigration clearance without standard processing? How many staff members of the Bureau of Immigration are involved? How did Ms. Ohara obtain a driver’s license from the LTO? How did she manage to stay in the country as an undocumented alien without being found out? Who are the members of the Marzan family—apart from the Rosemarie Marzan Ugawa and Jacqueline Marzan Suzuki—identified by the NBI? How did their relationship start in Japan? What is the extent of their ties in the Philippines?

It’s important to point out the fact that Gatdula acted fast on the complaint against the Security Management Division, headed by Mario A. Garcia, with Executive Director Jose Odelon Cabillan as deputy. He had the two executives and the SMD raiding team investigated immediately.

The probe established that the SMD exceeded its duties and responsibilities by conducting the raid without notice to, and clearance from, the Deputy Director for Administrative Services which supervises the SMD.

The investigation ordered by Gatdula also established that the SMD did not seek clearance from the Office of the Assistant Director and Office of the Director in violation of standard procedure.

Also, the raiding team conducted its mission without coordinating with the NBI Dagupan (Pangasinan) District Office.

Mario Garcia admitted he acted on his own, using what he called “value judgment” in his interest of “freeing” Ms. Ohara from her captors.

It was also established that if extortion had taken place, it was confined to the level of the SMD.

Based on these findings, Gatdula relieved Garcia and Cabillan from their posts and reassigned them to the DDAS pending their investigation to ensure their appearance at the investigation. Gatdula was shocked to read and hear allegations that he was involved in the extortion on Ohara and the Marzans.

It is clear that the SMD team acted on their own, in violation of existing operational rules and procedures. Despite lacking anything solid that would support the baseless accusation against Gatdula some people who have dubious motives have been trying to put the blame on the NBI chief.

There is obviously a demolition/smear job against the NBI director by people who want him out of the NBI so they can have their own appointed as NBI chief. This group appears to be working to have Gatdula replaced by someone they can easily control and influence.

Gatdula imposed administrative sanctions against the errant team. He could not be blamed for something that he never participated in. In fact, he did what was rightfully expected from an agency chief like him when he ordered a probe and eventually sacked those involved.

It’s possible that those behind controversial cases that Gatdula is presently handling are taking advantage of the controversy to discredit him. One of these cases, involving the thousands of missing container vans, will be reported out soon.

Unscrupulous NBI officials involved in this case may also be behind moves to oust him. These are NBI officials in cahoots with BOC officials who were either involved or who investigated the case.

Since Gatdula assumed office, the NBI has focused on high-profile cases. This means Gatdula may have stepped on some people’s toes.

Just who is Magtanggol B. Gatdula?

He is an experienced law-and-order professional having served the Philippine National Police for many years.

He is a highly respected lawyer and a defender of human rights.

Gatdula had a “spotless record” at the PNP, according to a columnist of a major Philippine daily.

Since assumption of office, he has introduced important reforms to improve services, operations, systems, facilities and morale at the NBI.

Gatdula is seeking a speedy investigation to clear his name, determine the culpability of the Security Management Division, and establish the truth of Ohara’s complex stay in the Philippines and the role of the Marzans in Ohara’s unlawful stay in the country.

Ohara is currently in the safekeeping of the Bureau of Immigration with the knowledge and consent of the Japanese Embassy in Manila. The investigation of Garcia and Cabillan, who headed the raiding team, is ongoing. Nothing is heard about the Marzans and how the authorities are dealing with them.

Gatdula is taking time off from work while on leave, his conscience “clear,” according to his memo to Secretary de Lima, and he is just waiting for the day when the Justice Department will end its probe to clear his name.

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