‘Pulong’ camp questions NBI mandate over cash delivery allegations

The legal counsel for Davao City Representative Paolo “Pulong” Duterte called on the National Bureau of Investigation (NBI) to halt its ongoing inquiry into allegations made against the lawmaker, challenging the bureau’s legal authority to conduct the probe.

In a 12 October letter sent to NBI director Melvin Matibag, law firm Madrid Danao and Associates argued that the agency lacks the jurisdiction under federal law to investigate claims raised by dismissed police officer Rodulfo Gracioso Jr.

Gracioso recently alleged that he delivered cash shipments to Representative Duterte and Vice President Sara Duterte under instructions from 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 law firm stated in its letter.

Duterte’s legal team stressed that the bureau operates under strict legal limits established by Republic Act 10867, the NBI Reorganization and Modernization Act, and does not possess “unbridled right to investigate any crime.”

Under Section 5 of the law, the NBI’s primary jurisdiction is restricted to specific offenses, including human trafficking at airports, extrajudicial killings by state security forces, cybercrime, anti-dummy violations, attacks against high-ranking state officials, mass casualty identification, and major financial crimes.

The defense cited that outside these specific categories, the NBI may only investigate public interest cases upon direct instructions from the President or the Secretary of Justice.

Along with the letter, the law firm filed a counter-affidavit ad cautelam refuting the allegations, dismissing Gracioso’s claims as fabricated.