DOJ to look into totality of circumstances over Gracioso affidavit

The Department of Justice (DOJ) will also take into account the credibility and motivation of dismissed policeman Rodulfo Gracioso Jr. in evaluating his claim that he delivered cash to members of the Duterte family supposedly on the instruction of former Speaker Lord Allan Velasco.

In his affidavit now being evaluated by the department, Gracioso said that he delivered suitcases containing cash to Vice President Sara Duterte and Davao City 1st District Representative Paolo Duterte.

In an interview with GMA News, he said that he also delivered cash to former President Rodrigo Duterte.

Vice President Duterte, however, said she does not know Gracioso, and she did not receive any money from him.

“Mga kababayan (My countrymen), I do not know Rodulfo Gracioso Jr., nor have I ever received any money from him,” Sara Duterte said in a statement over the weekend. “My lawyers are awaiting an official copy of the Gracioso affidavit from the National Bureau of Investigation (NBI) so they can begin working on the cases to be filed against him,” she added.

Former President Duterte and Rep. Duterte have yet to comment on the allegations.

Meanwhile, Velasco’s camp has also denied the allegations against the former House leader, describing such as having “no basis.”

“The former Speaker of the House's record of service in the government is untainted with corruption and his wife's benevolence is widely known, leaving no basis for the illegal allegations now being suggested,” said Velasco's spokesperson, Atty. Rowell Ilagan in a statement.

“The ‘one-size-fits-all’ narration by this individual seems to be designed and fabricated to attack as many targets as it can while being inconsistent with verifiable events, that is, the COVID-19 pandemic, Atty. Velasco's period of service as speaker, other details, and even basic common sense.”

‘Totality of circumstances’

According to Justice Secretary Fredderick Vida, the DOJ will look at the totality of the circumstances.

“Sa amin ring karanasan, lalo na ‘yung kasama diyan sa mga ganyang ginagawan, hindi naman talaga okay na tao ‘yan, di ba? ‘Yung para sumama ka sa mali na gawain— tulad ng ibang witness kasama sila sa lagayan. Eh, nakipag kontyabahan ka din sa lagayan. Kasama ka doon sa bagman, kasama ka din,” he said.

(In our experience as well, especially those involved in such activities, they are not really good people, right? For you to participate in wrongdoing— like some of the witnesses, they were involved in the payoff. You also colluded in the payoff. You were involved with the bagman, you were also involved.)

“So factor in lahat to. Pero ang factor din dito ‘yung factual setting na ma-verify, mavalidate namin. Tinitignan din namin ‘yung motivation. Kaya nga sa akin, totality. Totality of the circumstances,” he added.

(So we factor all of this in. But another factor here is the factual setting that we can verify and validate. We are also looking at the motivation. That’s why for me, it is the totality. Totality of the circumstances.)

He issued the remark when asked if the DOJ will take into account Gracioso’s credibility and record in evaluating his remark.

Last week, Vida confirmed that the Justice Department has received the affidavit and was evaluating it.

He said they received the affidavit on either Thursday or Friday.

According to Vida, there is currently no request for Gracioso to be placed under the Witness Protection Program.

“Hindi pa ‘yun ang pinaguusapan kasi we need to be able to validate and verify material points of the statement. Mahirap ‘yung palulundagin lang tayo sa patag,” he said.

(That is not yet what we are discussing because we need to be able to validate and verify material points of the statement. It is difficult if we just let ourselves be led on a wild goose chase.) — RSJ, GMA News