The lawyers of Davao City 1st District Representative Paolo “Pulong” Duterte have asked the National Bureau of Investigation (NBI) to stop its investigation into allegations against him.
The law firm Madrid Danao and Associates made the request in a letter dated 12 October addressed to NBI Director Melvin Matibag.
Duterte’s lawyers argued that the NBI’s investigative mandate is based on Republic Act No. 10867, or the NBI Reorganization and Modernization Act.
The law firm questioned the NBI’s jurisdiction to investigate allegations made by dismissed police officer Rodulfo Gracioso Jr., who claimed he delivered cash to Pulong and Vice President Sara Duterte on the instructions of former House Speaker Lord Allan Velasco.
“Hence, until the NBI provides our client documentary proof that the NBI has a specific delegated authority to investigate the allegations of Mr. Gracioso, then it is highly premature for the NBI to continue with its ongoing investigation,” the letter stated.
The law firm also argued that “the NBI has no unbridled right to investigate any crime.”
“It can only investigate crimes as specifically enumerated in the above law,” it added.
Madrid Danao and Associates submitted the letter along with an affidavit ad cautelam disputing what it described as “Gracioso’s fairytale concoctions.”
Citing Section 5 of RA 10867, the law firm said the NBI has primary jurisdiction to investigate human trafficking at airports; extrajudicial or extralegal killings committed by state security forces; killings of justices and judges; violations of the Cybercrime Prevention Act and the Anti-Dummy Law; and threats or assaults against the President, Vice President, Senate President, House Speaker, and Chief Justice.
The law also authorizes the NBI to identify deceased victims of natural disasters and investigate commercial, economic, financial, or white-collar crimes, the law firm said.
Under the same provision, the NBI may investigate crimes of public interest when directed by the President or the secretary of the Department of Justice (DOJ).
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