DOJ: Gracioso has not applied for witness protection

Dismissed police officer Rodulfo Gracioso Jr. has not applied for admission to the Witness Protection Program as the Department of Justice continues to validate his allegations against several personalities, including Vice President Sara Duterte.

Justice Secretary Fredderick Vida said Thursday the DOJ must first verify the material points raised by Gracioso before determining what action should be taken.

“There’s no application for that, currently,” Vida said when asked whether Gracioso had sought WPP protection.

Vida said the DOJ would examine the totality of the circumstances surrounding any prospective witness, including the factual basis of the statements, possible motivations and whether the allegations could withstand scrutiny in court.

“We need to be able to validate and verify on material points of the statements,” he said.

Gracioso, a former security aide of former House Speaker Lord Allan Velasco, has alleged that he delivered suitcases containing cash to members of the Duterte family upon Velasco’s instructions.

He has claimed delivering more than P2 billion to Vice President Duterte on multiple occasions. Duterte has denied knowing Gracioso or receiving money from him, while Velasco’s camp has rejected the allegations.

The National Bureau of Investigation is separately investigating Gracioso’s claims and has said it intends to invite personalities named in his affidavit to give their side.

Vida said the DOJ’s assessment differs from the NBI’s investigative mandate.

He said the NBI is tasked with investigating the allegations, while the DOJ must determine whether a person qualifies for the WPP and whether the available evidence is sufficient for case build-up.

“For us, the lens that we use is: Will you enter our program? And the other lens is case build-up — the building of a criminal case,” Vida said.

He added that the DOJ would assess whether the elements of a possible offense are present and whether the evidence could survive judicial scrutiny, including cross-examination.

Vida said jurisdiction would depend on the personalities involved and the nature of the allegations.

If government officials are involved, the matter may fall under the Office of the Ombudsman, while cases involving private individuals in connection with crimes may fall within the DOJ’s jurisdiction, he said.

Vida stressed that the department had not reached any conclusion on Gracioso’s allegations and was still checking information from various sources.

“Some people are validating, some people are disputing,” he said.