The Department of Justice (DOJ) is assessing the sworn statement of former police officer Rodulfo Gracioso Jr., applying the legal principle of the ‘totality of circumstances’ in ensuring that any prospective criminal charges or witness protection coverage will hold up under judicial scrutiny.
Justice Secretary Fredderick Vida said the DOJ received Gracioso’s affidavit from the National Bureau of Investigation (NBI) late last week.
Vida explained that the NBI and the DOJ are conducting a parallel review of the affidavit so that, if it reaches the court, it can withstand scrutiny
‘The NBI has its mandate as investigators,’ Vida explained.
‘For us at the DOJ, the lens we use is twofold: whether the individual qualifies for our protection program, and whether the testimony satisfies all legal elements required to build a solid criminal case that can withstand cross-examination in court.’
Gracioso, a former aide of former House Speaker Lord Allan Velasco alleged that he personally delivered suitcases full of cash to Vice President Sara Duterte between 2018 and 2020.
Aside from the vice president, he also identified other political figures. The money allegedly originated from projects of the Department of Public Works and Highways.
Addressing queries about the witness’ background and potential credibility issues, such as possible involvement in illegal activities, Vida said such background is not uncommon among key witnesses.
‘In our experience, people involved in these schemes aren’t always clean-they may have participated in the wrongdoings, acted as bagmen, or been part of bribery arrangements,’ Vida said.
‘All of these factor into our evaluation, alongside the person’s motivation and the overall factual setting.’
Vida stressed that the DOJ is actively verifying material points of the statement against open-source reports and external corroboration, noting that some public information supports the claims while other aspects remain disputed.
‘We don’t want to file weak cases,’ Vida emphasized.
‘The goal is to ensure that whatever case is brought forward will stand the test of a judge and survive rigorous cross-examination,’ Vida added.