NBI chief to seek transfer of Paolo Duterte's cyber libel complaint out of Davao City

National Bureau of Investigation (NBI) Director Melvin Matibag said on Monday that he will move to have the Davao City prosecutor's office inhibited from handling the libel and cyber libel complaints filed against him by Davao Representative Paolo Duterte, according to GMA News.

Matibag said he will also ask Justice Secretary Fredderick Vida to transfer the complaint from Davao City to the Department of Justice's National Prosecution Service in Manila.

Speaking at a briefing, Matibag said the NBI had learned that City Prosecutor Jhopee Avanceña is a first cousin of Honeylet Avanceña, the partner of former president Rodrigo Duterte, who is the congressman's father. He acknowledged that there is no legal relationship by affinity because the former president and Avanceña are not married. He said, however, that the close family ties still gave cause for concern and justified a transfer "to remove the bias."

Matibag added that the Justice Secretary has the discretion to appoint a special prosecutor for the case.

Congressman Duterte filed the complaint last week against Matibag, dismissed policeman Rodulfo Gracioso Jr., and executives and journalists of GMA Network. The complaint stems from Gracioso's allegation that, on the instruction of former House Speaker Lord Allan Velasco, he delivered suitcases of cash to Paolo Duterte, Vice President Sara Duterte and former president Rodrigo Duterte. The allegation has not been proven.

Asked for comment, Prosecutor General Richard Fadullon said the decision rests with the Justice Secretary. He said the outcome depends on the grounds cited, adding that he saw no reason why the department office with jurisdiction could not take up the case. Those seeking the transfer, Fadullon said, will have to justify why the hearing cannot or should not be held there before the case can be moved.