MANILA, Philippines - The camp of Erwin, Raffy, and Ben Tulfo filed yesterday an omnibus motion asking the Quezon City Metropolitan Trial Court to defer the issuance of arrest warrants and order the reinvestigation of the grave threats case filed by couple Raymart Santiago and Claudine Barretto.
In a three-page motion, lawyer Nelson Borja – counsel of Erwin and with special representation for Ben and Raffy – noted that the accused “have not received any subpoena, neither been informed by the staff of their T3 program of TV5 of any legal processes that require their appearance and/or submission of their counter-affidavits during the preliminary investigation.”
“It is most respectfully prayed that the issuance of a corresponding Warrant of Arrest against the three accused be, in the meantime, deferred (and) that as the interest of justice requires, an order be issued directing the distinguished trial prosecutor to conduct the required reinvestigation of the above-entitled cases,” the motion said.
The motion was filed after Assistant City Prosecutor Rowena Balagtas recommended the filing of grave threats charges for threatening the Santiago couple in their television show last May 7, 2012.
Balagtas – who found probable cause to file two counts of grave threats against Erwin and Raffy, and one count for Ben – said the respondents failed to appear during the scheduled hearings despite being notified.
The case stemmed from the alleged threatening statements uttered by the brothers on their show a day after the Santiago couple figured in an altercation at the Ninoy Aquino International Airport with Mon Tulfo, the older brother of the respondents.
Balagtas said the threatening remarks included Erwin’s advice to the couple not to leave the country because they will get hurt if they meet at the airport; Raffy’s statement telling them to light a candle and pray that their paths would not cross; and Ben’s challenge for a one-on-one with Raymart inside a closed warehouse.
Freidrick Lu, Ben’s lawyer, said he will also file a separate motion upon receipt of a copy of the resolution. He said Ben’s challenge for a one-on-one fight is not a threat, he said.