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National Bureau of Investigation (NBI) Director Melvin Matibag on Monday said he will file a motion to have the Davao City prosecutor’s office inhibited from handling the libel and cyber libel complaints filed by Davao Representative Paolo Duterte.
Matibag said he will also ask Justice Secretary Fredderick Vida for the transfer of the venue of the complaint from Davao to the DOJ-National Prosecution Service.
“For what reason? We found out that the City Prosecutor, Prosecutor [Jhopee] Avanceña, is [the] first cousin of Ms. Honeylet Avanceña,” he said in a briefing.
Honeylet Avanceña is the partner of former president Rodrigo Duterte, the congressman's fafther.
“Alam naman natin sabihin walang legal relationship because by affinity wala naman, dahil hindi naman kasal, but still it develops a sense of alarming reason for us to transfer dahil nandodoon pa rin ‘yung malalim na relationship. To remove the bias,” he added.
(We know that we can say there is no legal relationship by affinity because they [Rodrigo Duterte and Honeylet Avanceña] are not married, but it still gives us cause for concern and a reason to transfer because that deep relationship is still there. To remove the bias.)
Last week, Congressman Duterte filed a libel and cyberlibel complaint against Matibag, dismissed policeman Rodulfo Gracioso Jr., and GMA Network executives and journalists.
This stemmed from Gracioso’s allegation that he delivered suitcases containing cash to Paolo Duterte, Vice President Sara Duterte, and former president Rodrigo Duterte on the instruction of former House Speaker Lord Allan Velasco.
They have denied the allegations.
Matibag said Vida may also appoint a special prosecutor for the complaint.
“It’s the discretion of the Secretary of Justice, probably can appoint a special prosecutor for this purpose,” he said.
Sought for comment, Prosecutor General Richard Fadullon said this is up to the Justice Secretary’s discretion.
“It really depends on what the grounds are that are being relied on for the transfer kasi we do not see any reason why the other offices of the department where the office, which has jurisdiction… cannot take cognizance of the case,” he said.
“They will have to provide us with justifications as to why it cannot be heard there or why it’s not feasible to conduct the hearing there before it can be transferred here and that is a matter that the secretary of justice will have to act on,” he added. — BM, GMA News
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