Matibag seeks to remove prosecutor from handling Paolo Duterte case

[Updated Oct. 26, 2026, 6:26 p.m.]

MANILA, Philippines — National Bureau of Investigation (NBI) Director Melvin Matibag on Monday filed a motion for inhibition against the Davao City prosecutor handling the libel and cyberlibel complaints recently filed by Davao City First District Rep. Paolo Duterte.

In an interview on Monday, Matibag said they had learned that the prosecutor is a first cousin of Honeylet Avanceña, the common-law partner of former President Rodrigo Duterte.

READ: Pulong Duterte files P 20-M cyberlibel raps vs NBI chief, et al

“Alam naman natin, sabihin walang legal relationship because by affinity, wala naman dahil hindi naman kasal, but still, it develops a sense of alarming reason for us to transfer dahil nandoon pa rin yung malalim na relationship to remove the bias already,” Matibag said.

(We know, let’s say there is no legal relationship because by affinity, there is no relationship because it is not a marriage, but still, it develops a sense of alarming reason for us to transfer because the deep relationship is still there to remove the bias already.)

The NBI director also wants the venue of the complaints transferred to the Department of Justice’s (DOJ) national prosecution service.

Matibag was represented by NBI agents in filing the motion for inhibition with a motion to suspend proceedings before the DOJ on Monday afternoon while the motion was lodged at the Davao City prosecutor’s office through electronic mail.

In a copy of the motion, Matibag said Avanceña was appointed as head of the Davao City prosecutor’s office on February 7, 2022, by the congressman’s father, former President Duterte.

“Considering that Complainant Congressman Paolo Pulong Duterte is the son of former President Rodrigo Duterte from the latter’s first marriage to Elizabeth Zimmerman, City Prosecutor Jhopee Salvador Avanceña is essentially a part of his stepfamily and a step relative, specifically the first cousin of his father’s current partner, Honeylet Avanceña,” Matibag said.

“With all due respect, given the closeness of her relationship with the complainant, it behooves upon City Prosecutor Avanceña, being the head of the OCP of Davao City, and the sole approving authority of whatever resolution may be arrived at by her investigating prosecutor who may be assigned to handle this case, to recuse herself from taking cognizance thereof in the interest of fairness and due process,” said the NBI director.

On Friday, Rep. Duterte filed the libel and cyberlibel complaints against Matibag, as well as several individuals, a television network, and its officials and journalists over allegations of bribery that he said were “untrue” and meant to destroy his reputation.

The complaints stemmed from dismissed police officer Rodulfo Gracioso Jr.’s allegations that he delivered suitcases of cash to members of the Duterte family on the instructions of former Speaker Lord Allan Velasco. /jpv /mr