National Bureau of Investigation (NBI) Director Melvin Matibag is seeking the inhibition of the Davao City prosecutor handling the libel and cyber libel complaint filed against him by Davao City 1st District Representative Paolo “Pulong” Duterte, citing a potential conflict of interest.
In the report of DZRH's Jecelle Ricafort, Matibag said an urgent motion for inhibition, together with a motion to suspend proceedings, would be filed before the Davao City Prosecutor’s Office and the Department of Justice (DOJ) on Monday.
He is also asking Justice Secretary Fredderick Vida to transfer the venue of the case to the National Prosecution Service of the DOJ.
Matibag said they discovered that Davao City prosecutor Jhopee Salvador Avanceña is the first cousin of Honeylet Avanceña, the common-law partner of former President Rodrigo Duterte.
While acknowledging that there is no legal relationship by affinity because the former president and Honeylet Avanceña are not married, Matibag said the family connection still raises concerns about possible bias.
“But still, it develops a sense of alarming reason for us to transfer dahil ando doon pa rin yung malalim na relationship to remove the bias already,” Matibag said.
He added that the decision to appoint a special prosecutor, if necessary, would depend on the discretion of Justice Secretary Vida.
Duterte filed a complaint on Friday against Matibag, Rodulfo Gracioso Jr., and several media personalities before the Davao City Prosecutor’s Office.
The complaint stemmed from Gracioso’s allegation that the congressman received suitcases containing ₱100 million in cash, supposedly upon the instructions of former House Speaker Lord Allan Velasco.
