Tuesday, November 26, 2013

NELSON BORJA: LEGAL LUMINARY



ATTY. NELSON B. BORJA, a widower for 18 years, came from a poor family in Panay, Capiz. During his younger years, he worked at the fishpond and became a truck-helper plying finished products of nipa and other basic commodities between Capiz and Iloilo. He also sold sweepstakes- tickets while studying but then forced to quit his studies due to extreme poverty.

At the age of 19, he went to Manila with life full of uncertainties. He used to sleep at the ringside of then Besa Arena Boxing Stadium (now Metropolitan theater) at Plaza Lawton, Sta. Cruz, Manila where he experienced occasional hunger. It was his townmate Ramon Bosales who saw him through those days. Later, he worked as a laborer at Vitarich Corporation in Bulacan, and then enlisted as private at the PC Special Forces.

While serving as investigator, he went back to college in 1969 as a working-student and obtained a degree of B.S. Criminology at the University of Manila. Despite hardships and financial constraints, he finished Bachelor of Laws in 1978 and passed the Bar Examinations on the same year. He was commended by his Commanding General for being the first Metrocom soldier who hurdled the rigid examinations. From the rank of Technical Sergeant, Borja was called to active duty as 2nd Lieutenant of the Philippine Constabulary until he left the military in 1982 with a reserved rank of Captain in the AFP Judge Advocate General Service.

During his student’s days, Borja was a half-scholar and active student-leader after he was elected President of UM Criminology Student Council in 1972. He was also a recipient of silver and bronze medals as a debater and 2nd placer in Legal Essay Writing Competition. He graduated Advanced PC-ROTC and later Probationary Officers Training Course where he landed No. 6 out of 147 Officers.

As Chief Investigator and Junior Officer of the PC Metrocom, he finished several military and police trainings and schoolings. He was responsible in the solution of high-profile cases and busting of various criminal syndicates engaged in big-time extortions, robberyhold- ups, high-jackings, kidnappings, etc. in Metro Manila, and the apprehension of controversial Margarita Carian who was posing as Malacanang Agent victimizing government officials in her nefarious activities. He was a recipient of four (4) Military Commendation Medals, and several Commendations and Citations from his former Commanding Generals and then PC Chief General Fidel V. Ramos for exemplary performance that earned him the highest nomination for the Most Outstanding Junior Officer of the Year in 1981. He was also assigned legal officer of then PC Judge Advocate (now PNP Legal Service).

The uncompromising stand of Borja against any form of injustice perpetrated by the rich and influential against the lowly, his courageous display in the solution of high-profile cases and his exploits in busting various criminal syndicates are not far-fetched from any true-to-life story of prominent personalities being shown in the movies.

After more than 14 years serving the military with utmost integrity, Borja returned to his private life and started his law practice in 1982 with nothing on hand except the meager amount of P 2,000.00 which at the time he loaned from GSIS. Thus, it was only then he got married to his long-time girlfriend in 1984.

As a lawyer, Borja attended various seminars in law and jurisprudence at the UP Law Center and Quezon City’s Integrated Bar of the Philippines. He was also awarded three plaques of Appreciation by the Rizal-Metro Manila Tri-Media as its Adviser and as one of the incorruptible and true legal practitioners in 1988.

He was responsible for the acquittal of former national swimmer Djila Winebrenner and several foreign nationals for various criminal offenses; the acquittal of former Mr. Philippines Sgt. Ernesto Ybanez for Multiple Murder and whose true-to-life story was shown in the movie “Tirtir Gang” in 1990s.

Borja was also a co-defense counsel of high-profile cases involving controversial PC Col. Rolando Abadilla who was charged and acquitted for various crimes against national security; the defense lawyer of former Negros Provincial Commander Col. Francisco Agudon and 9 others who were exonerated with Multiple Murder; the exoneration of P/Cpl. Jess Remolacio in the celebrated kidnapping and double-murder of Cochise-Beebom Bernabe Castanos; the exoneration of John Mark Doromal in the killing of controversial child-actress “Strawberry”; and co-counsel in the acquittal of controversial Bulacan Mayor Honorato Galvez who was charged in the killing of a La Salle student and wounding of 2 others.

He also served as defense lawyer of the late action star Ace Vergel in a number of criminal and civil cases; QC policeman Elmer Buena who was charged in the murder of his wife whose body was found under the bridge of Marikina river; the successful recovery of Lido Beach Resort against the former Mayor of Noveleta, Cavite; the former Mutya ng Pilipinas 1997 Esabela Cabrera who was divested of her crown and prizes; and several other controversial cases involving prominent personalities.

As part of Christian charity, Borja also extended free legal services to countless poor litigants in their quest for truth and justice. Among those where Atty. Borja also gained prominence was the acquittal by the Supreme Court in 1997 of a fishvendor Fernando Gallera, the first death-convict after the reimposition of Death Penalty Law, and who was charged with rape and robbery. This was preceded with the acquittal by then Judge Maximiano Asuncion after a new trial of Olympia Andres, a poor single-mother from Baguio City who was earlier convicted for transporting of marijuana and sentenced to life imprisonment.

As a criminal lawyer, Borja was a legal-analyst in several TV programs during the promulgation of a former Congressman and the acquittal of first death-convict Fernando Galera; and the issue against the Death Penalty which led to the earlier suspension on the execution of death-convict Leo Echegaray.

On constitutional and political issues, Borja wrote articles for Manila Bulletin on the Concept of Revolutionary Government after President Aquino rose to power in 1986, and the issue of Constitutional Change during the time of President Ramos – that the six-year term limit is too short for a good president but too long for a corrupt one. On several occasions, he was a guest-panelist in different TV programs on conflicting legal and political issues.

Borja also shared his inspiration when he took the responsibility to take care of his loving wife Yvonne who was diagnosed of cancer in 1991. Despite his many setbacks and got widowed, Borja continued to persevere for his then 5-year old son with strong faith in the Lord – and it took him about 3 years to fully recover from grieving a loved one. As a single father, he raised his only son Niel Anthony who excelled in academics, graduating Salutatorian both in elementary and high school at Kostka School in Quezon City. In 2006, Niel graduated Political Science minor in English at the Ateneo de Manila University, and now in his 3rd year at the Ateneo Law School.

At present, Borja has already reached his peak and realized the fruits of his labor as a trial lawyer. He also plans to join politics and being groomed to run for Congressman in the 3rd District of Quezon City where he could make use of his legal expertise and help the less-fortunate. Borja confided the secret of his success through honesty, courage, self-discipline, hardwork, dedication to legal profession and the spiritual values imparted to him by his deeply-religious wife.

But most of all, being a God-fearing, humble and compassionate to the plight of the poor – he being mindful to the motto of his late mother: “MALUOY KA”.

He has a piece of unsolicited advice: “Don’t forget to pray and be a good son or daughter to your parents”. And I hope that my humble beginnings, my perseverance, and professional contributions will serve as an inspiration to others, Borja concluded.

Borja to GMA: Pour projects in Capiz 


By Joel E. Capundan

http://www.thenewstoday.info/2009/09/09/borja.to.gma.html

September 9, 2009 Iloilo City, Philippines


Roxas City – A noted criminal lawyer Nelson B. Borja has appealed to President Gloria Mapagal-Arroyo for government assistance on infrastructure and livelihood projects in his hometown province of Capiz.


In his letter sent through Department of Transportation and Communications (DOTC) Secretary Leandro R. Mendoza, Borja said that it is his moral duty to look back to his roots and Capiz is the only province in Region 6 which is left behind in terms of infrastructure and livelihood projects under the present administration.


He also stressed that various parts of Luzon, Visayas and Mindanao have enjoyed the benefits of countless government projects, but the sad plight of majority of the people who continue to suffer the ill-effects of the economic recession was due to high prices, inadequate infrastructure and livelihood projects, lack of employment opportunities and basic social services from the government.


Borja said that while the local officials in the province are committed to continue serving the people, their sustained efforts for the basic necessities of the less-fortunate are not enough.


Earlier, he also appealed to Tourism Secretary Joseph “Ace” Durano to consider Capiz as another tourism destination in order to create livelihood and to dispel a false and malicious speculation that the province is a haven “aswang” (witches).


He also lamented that Capiz is being ruled by political opposition should not be associated with a great number of its people who continue to believe the sincerity and leadership of the hardworking president.


Borja is being groomed to run for a congressional seat in the first district of Capiz this coming May 2010 election as he pledged to the President that any government assistance to the province of Capiz would serve as her enduring legacy especially at her crucial remaining ten months in office.

Dethroned ‘Mutya’ wants more after QC court victory




By Julie M. AurelioPhilippine Daily Inquirer
10:33 pm | Friday, September 27th, 2013



VINDICATED BEAUTY According to the lawyer of Esabela Cabrera, shown here in her winning form at the 1997 Mutya ng Pilipinas beauty pageant, she deserves more than the amount earlier set by the court to compensate for her “emotional insecurity and personal embarrassment’’ following her dethronement 16 years ago.



MANILA, Philippines—How much does it cost to appease a deposed “queen”?

A dethroned Mutya ng Pilipinas winner is asking a Quezon City court to increase the amount that the pageant organizers should pay her, after she sued for damages 16 years ago and won her case in July.

According to her counsel, Esabela Cabrera suffered “strenuous, offensive and scandalous indignation” after being stripped of her Mutya title in 1997 due to her pregnancy and impending marriage.

Lawyer Nelson Borja filed a motion on Thursday in the sala of Assisting Judge Ma. Rita Bascos-Sarabia of the Quezon City Regional Trial Court Branch 221, asking the court to order the organizers to pay P1.87 million.

In a July 1 ruling favoring Cabrera, the court set the amount at only P1.1 million. It included P400,000 representing Cabrera’s prize as Mutya 1997 winner, P500,000 in moral damages, P100,000 in exemplary damages and P100,000 in attorney’s fees.

Ordered to pay were The Miss Asia Pacific Quest Inc., which promotes, manages and administers the pageant; Carousel Productions Inc., the producer; Ramon Monzon, then president of Carousel; Leandro Enrique, then president of Miss Asia; and co-organizer Lorraine Schuck.

Also ordered to pay was the 1997 first runner-up, Annie Moraga, who replaced Cabrera and received the prizes as the reigning queen.

But in the motion, Borja asked the court to increase the compensatory damages to P420,000; the moral damages to P1 million; the exemplary damages to P300,000 and the attorney’s fees to P150,000.

“Plaintiff had no other recourse but to struggle under pain of public humiliation and moral discrimination while studying at De La Salle University-Dasmariñas. (She went through) the same feeling of emotional insecurity and personal embarrassment even in her workplace at different corporations,” the lawyer stressed.

“Plaintiff is now emotionally relieved and gloriously vindicated by the wisdom and sense of justice of this court, but had to content herself with an ordinary employment from one private corporation to another up to the present,” Borja added.

Cabrera filed a civil case after the organizers stripped her of the title on May 6, 1997, three days after she was crowned.

In the July 1 decision, Judge Sarabia gave weight to her claim that the defendants did not give her due process before she was dethroned.

Kampo ng dethroned Mutya ng Pilipinas 2007, aapela sa interes sa hiling na damages


Posted by  Bombo RoxasFriday, 20 September 2013 04:09


      ROXAS CITY – Maghahain ng motion for reconsideration ang kampo ng na-dethrone na si Mutya ng Pilipinas Esabela Cabrera matapos ipinag-utos ng husgado sa mga respondents ang pagbabayad ng P1.1 million na damages.

      Inihayag ng Capizeño na si Atty. Nelson Borja, ang abogado ni Cabrera, maghahain sila ng mosyon na mapataasan sa P2 million ang damages dahil sa lapse of time.
        Sinabi pa ni Borja na pinaboran ng hukom ang kanilang argumento na walang due process nang tinanggal ang titulo ni Cabrera dahil sa mga ebidensiya na hindi otorisado na mag-dethrone ang mga organizers at walang board of director's resolution sa pag-install sa first runner-up.

        Napag-alaman na ipinag-utos ni assisting Judge Ma. Rita Bascos Sarabia ng Regional Trial Court Branch 221 sa Quezon City ang pagbayad ng damages ng organizer, producer, co-organizer ng pageant at ng first runner-up na si Sheryll Moraga, na humalili kay Cabrera.


    QC judge awards P1.1 M to dethroned beauty queen




    By Reinir Padua (The Philippine Star) | Updated September 11, 2013 - 12:00am


    MANILA, Philippines - A judge has ordered the organizers of the Mutya ng Pilipinas beauty pageant to pay P1.1 million in damages for stripping 1997 winner Esabela Cabrera of her title and crown without due process.

    The ruling by Assisting Judge Ma. Rita Bascos Sarabia of the Regional Trial Court Branch 221 in Quezon City was dated July 1 but received by Cabrera’s lawyer, Nelson Borja, last Saturday.

    Sarabia ordered the Miss Asia Pacific Quest, Inc., organizer of Mutya ng Pilipinas Pageant; Carousel Productions, Inc., producer of the pageant; Ramon Monzon, then president of Carousel; Leandro Enrique, then president of Miss Asia Pacific and Lorraine Schuck, co-organizer of the pageant; and first runner-up Sheryll Moraga, who replaced Cabrera and received the prizes, to pay the damages.

    Cabrera was crowned as the 1997 Mutya ng Pilipinas, with prizes, in cash and in kind, amounting to P400,000. She was also chosen as Miss Avon and Miss Lux, with both awards carrying cash prizes of P10,000 each plus the opportunity to be a model of Avon Cosmetics and Unilever Philippines, Inc.

    Cabrera, through her lawyer, filed in 1997 the case of specific performance with damages and issuance of preliminary prohibitory, mandatory injunction or temporary restraining order a few weeks after she was stripped of her crown.

    According to court records, the organizers said the father of Cabrera’s boyfriend informed them that Cabrera was
    pregnant and was supposed to marry his son soon. Cabrera denied the allegation, but Schuck demanded that the beauty pageant winner submit a resignation letter.

    During her meeting with Schuck and Monzon, Cabrera repeatedly and vehemently denied that she was pregnant and would soon get married.

    Monzon and Schuck eventually secured from Cabrera a letter referred to as the “resignation letter” as the reigning queen of Mutya 1997. Schuck purportedly told Cabrera that the resignation letter would only serve as a guarantee that if she could not comply with her commitments, it would be submitted to Enriquez and the board for deliberation.

    Weeks later, she and her parents did not hear from the defendants until she learned from the newspapers that she was already dethroned and replaced by Moraga. She sent several demand letters to the respondents, urging them to recognize her as the official winner of the pageant but they refused.

    In their defense, the organizers claimed Cabrera voluntarily prepared the resignation letter, which her mother gave to Schuck.

    Sarabia gave weight to Borja’s arguments that the defendants did not give Cabrera due process before she was dethroned.

    “This court is not persuaded with defendants’ claims and defenses. The important matter on the ‘resignation’ of the plaintiff was not brought for agenda, discussion and other official resolution of the board of directors of the concerned corporate entity,” the judge said.

    Court junks case vs. Tulfo brothers


    by Chito A. Chavez, November 7, 2013 (updated)


    Manila, Philippines – A  Quezon City judge yesterday junked the grave threats case filed by estranged couple Raymart Santiago and Claudine Barretto against brothers Erwin, Raffy and Ben Tulfo over the broadcasters’ statements aired on their television show last year after the couple failed to attend yesterday’s scheduled hearing.

    Atty. Nelson Borja, counsel for Erwin Tulfo, said the Tulfo brothers immediately moved for the dismissal of the case as the court had already issued a warning against the couple after they failed to appear in the pre-trial scheduled last September.

    Quezon City Metropolitan Trial Court Branch 38 Judge Lyn Ebora Cacha provisionally dismissed the case against the Tulfos after the complainants were a no-show.

    The case stemmed from the supposed  threats uttered by the Tulfo brothers in their television program on May 7, 2012 a day after the celebrity couple figured in an altercation at the Ninoy Aquino International Airport (NAIA) with Ramon Tulfo, the older brother of the respondents.

    In a November 2012 resolution, Assistant City Prosecutor Rowena Balagtas found probable cause to file two counts of grave threats against Erwin and Raffy and one count for Ben due to their threats that “alluded the infliction of physical harm upon complainant spouses.”

    “The threatening words of respondents caused intimidation in the minds of complaining spouses,” Balagtas said.



    CASE VS TULFO BROTHERS DISMISSED




    Published : Wednesday, November 06, 2013 00:00
    BY: Cory Martinez


    A Quezon City court has provisionally dismissed the charges of grave threats filed by estranged couple Raymart Santiago and Claudine Barretto against brothers Erwin, Raffy and Ben Tulfo in view of the couple’s failure to attend yesterday’s scheduled hearing.

    Judge Lyn Ebora Cacha of the QC metropolitan Trial Court Branch 38 provisionally dismissed the case after granting the motion of Atty. Nelson Borja, counsel for Erwin, for the dismissal of the case.

    Borja moved for the dismissal of the case after the complainants failed to appear in yesterday’s scheduled hearing. The lawyer added that the court has already issued a warning against the couple after they failed to appear in the pre-trial scheduled last September.

    The case stemmed from the alleged threats uttered by the Tulfo brothers on their television show T3 on May 7, 2012, a day after the celebrity couple engaged in an altercation with Ramon Tulfo, the older brother of the respondents, at the Ninoy Aquino International Airport (NAIA).



    Borja said he is still ready to prove the innocence of the Tulfo brothers in case the Santiago couple decides to revive the case before its dismissal becomes final.    


    Reward for brawl video offered




    Posted by Online on May 18th, 2012 // (Alex Valentin Brosas)


    Manila, Philippines – Because they believe that the now viral video of the controversial brawl involving them and broadcaster-columnist Ramon Tulfo only showed half of the whole incident, celebrity couple Raymart Santiago and Claudine Barretto has offered a reward to anybody who can produce a complete video copy of the much-ballyhooed May 6 encounter at the Ninoy Aquino International Airport (NAIA).

    Atty. Jennifer Jimeno-Atienza, Raymart and Claudine’s lawyer, bared the offer in a statement of the couple after the initial hearing on their petition for temporary protection order or Writ of Amparo from the Tulfo brothers, Ben, Raffy, and Erwin.

    The amount of the reward, however, was not disclosed.

    “We assure you that all arrangements will be treated with utmost confidentiality and caution. Your identities will never be compromised.And as much as possible personal appearances will not even be necessary,“ Atienza said on “24 Oras“ TV news program last May 16.

    Claudine was emotional during the newscast as she recalled how scared she was after the Tulfo brothers threatened her and Raymart bodily harm during their public affairs show “T3: Kapatid, Sagot Kita!“ over TV5 a day after the incident.

    Atty. Nelson Borja, the Tulfo brothers’ legal counsel, asked the court additional time to study the case against his clients and to crossexamine the witnesses. 


    Tulfo brothers naghain ng mosyon kontra warrant of arrest



    by Alden Bay, November 26, 2012


    UMAPELA ngayon sa Quezon City court sa pamamagitan ng kanilang abogado ang magkakapatid na broadcasters na sina Erwin, Raffy at Ben Tulfo para sa isang omnibus motion para hindi sila maisyuhan ng warrant of arrest habang humihiling ng muling pag-iimbestiga sa mga kasong isinampa ng showbiz couple na sina Raymart at Claudine Santiago laban sa magkakapatid.

    Nauna rito, nabigo umano ang Tulfo brothers na makapagsumite ng kanilang kontra salaysay kaugnay sa kasong grave threats na isinampa ng mag-asawang Santiago noong preliminary investigation.

    Sa tatlong pahinang mosyon na inihain ni Atty. Nelson Borja, hindi, aniya, dapat kuwestiyunin ang kaniyang mga kliyente sa hindi nila pagsipot o pagsumite ng kontra salaysay sa preliminary investigation dahil wala naman natatanggap na subpoena ang magkakapatid at hindi man lang naimpormahan ang programang T3  sa ere ng  TV 5 kaugnay sa pagdinig.

    Ayon pa kay Borja, sa ngalan ng principle of due process, may karapatan ang Tulfo brothers na mabigyan ng kopya ng reklamo, affidavits at iba pang dokumento at karapatang makapagsumite ng kanilang counter affidavits at ibang dokumento para sa kanilang depensa.

    Karapatan din, aniya, ng kaniyang mga kliyente ang maisalang sa preliminary investigation at kung papayagan man ng korte ay hihilingin din nila ang karapatan para mabago at mapalitan ang findings ng investigating prosecutor.

    Nag-ugat ang nasabing kaso laban sa Tulfo brothers matapos ang nangyaring sapakan sa NAIA Terminal 3 na kinasangkutan ng nakakatandang kapatid na si Ramon at ng mag-asawa noong  May 6, 2012 matapos kunan ng video ng huli si Claudine habang minumura ang isang attendant ng paliparan.

    Claudine Barretto explains their need for temporary protection order

    By Jamie Marie Elona INQUIRER.net
    May 16, 2012 | 8:28 pm

    http://entertainment.inquirer.net/40927/claudine-barretto-explains-their-need-for-temporary-protection-order

    ‘WE’RE SCARED’. Claudine Barretto.

    MANILA, Philippines—Claudine Barretto stated in a Quezon City court Wednesday reasons why she and her husband, Raymart Santiago, need to be granted of a temporary protection order against the Tulfo brothers who openly threatened them in “T3: Kapatid Sagot Kita”, their late-afternoon public-affairs show on TV5, following the recent airport brawl.

    As Barretto sat on the witness stand before Judge Bayani Vargas of Branch 219 of the Regional Trial Court of Quezon City, she said she feels “very scared” after personally hearing the alleged threats of Ben, Raffy and Erwin over their show last May 7, prompting them four days later to file a writ of amparo against the brothers.
    “I feel very scared . . . because I know the threats were serious . . . they were angry and I know what they are capable of doing,” she said, adding the Tulfos have bodyguards and even a private army.

    Also because of the couple’s fear on the security of their family, Barretto said they seem to be scared of leaving their house, adding that her children cannot go out and play anymore just like how they used to.
    “These are not funny threats. Every time my husband goes to taping, dasal ako ng dasal na makauwi s’ya ng maayos dahil sa mga threats na yan (I prayed a lot for him to go home safely and in one piece because I’m so worried of those threats).

    “Para na kaming nakakulong sa loob ng bahay dahil wala kaming security na mag po-protekta sa amin (It feels like we’re prisoners in our own home because we have no security escorts to protect us),” she said in tears as she asked for the approval of the protection order that will prevent the Tulfo brothers from coming 500 meters near them, among other requests.

    However, even as Attorney Alex Avisado, the lead counsel of the Santiagos, stressed the urgency of the matter, Judge Vargas postponed the hearing until Monday next week.

    The legal counsel of Erwin, Attorney Nelson Borja, also said they have not received a copy of the 18-page petition and that his client, along with his brothers, was not informed of the proceeding.

    “Ako nga nagbakasali lang kasi (I only took my chances because) someone called me up,” he said, adding the respondents should be given the right to be heard and furnished a copy.

    Borja is set to cross examine Barretto on the next hearing.

    The turn of events started from the scuffle at the Ninoy Aquino International Airport Terminal 3 after radio broadcaster and Philippine Daily Inquirer columnist Ramon Tulfo allegedly took photos of Barretto while she was complaining about their lost baggage.

    Nobody from both sides has claimed to have thrown the first punch which ended with an injury on Ramon’s eye and a bruise on Barretto’s leg.

    Tulfo seek to defer arrest warrants in grave threats case


    By Janvic Mateo (The Philippine Star) | Updated November 27, 2012 - 12:00am
    http://www.philstar.com/metro/2012/11/27/874441/tulfo-seek-defer-arrest-warrants-grave-threats-case

    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.


    Tulfos to seek reinvestigation of grave threats case



    By Janvic Mateo (The Philippine Star) | Updated November 26, 2012 - 12:00am
    http://www.philstar.com/metro/2012/11/26/873543/tulfos-seek-reinvestigation-grave-threats-case

    MANILA, Philippines - The camp of brothers Erwin, Raffy, and Ben Tulfo will ask the Quezon City Metropolitan Trial Court to order the reinvestigation of the grave threats case filed against them by couple Raymart Santiago and Claudine Barretto.

    Nelson Borja, Erwin’s lawyer, told The STAR yesterday they will file a motion for reinvestigation, saying that they were not aware of the schedule of the preliminary investigation hearings.

    “We have not received any copy of the affidavit of the complainants,” Borja added.

    On Friday, Assistant City Prosecutor Rowena Balagtas recommended the filing of grave threats charges for threatening the Santiago couple in their television show “T3” last May.

    In her resolution, Balagtas said found probable cause to file two counts of grave threats against Erwin and Raffy and one count for Ben before the
    Metropolitan Trial Court for uttering threats that “alluded the infliction of physical harm upon complainant spouses.”
    Balagtas noted that the Tulfo brothers failed to appear during the three scheduled preliminary investigation hearings despite notice.

    “Through the demeanor, facial expression and vocal timbre of respondents when the threats were made, it can be deduced that the threats were made with deliberate purpose of creating in the minds of the persons to whom it was addressed the belief that the threats would be carried into effect,” she said.
    The case stemmed from the threats uttered by the brothers in their television show on May 7, 2012, a day after the couple figured in an altercation at the Ninoy Aquino International Airport (NAIA) with Mon Tulfo, the older brother of the respondents.

    Balagtas noted parts of the alleged statements of the brothers as threatening, including 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.

    The prosecutor, meanwhile, dropped the charges of slander, noting that the statements of the respondents “cannot be considered as seriously insulting considering the previous incident of violent altercation between respondents’ brother Mon and the complainant spouses at the NAIA.”

    The couple’s lawyer, Alex Avisado, said they were “fortunate and thankful” that the prosecutor recommended the filing of charges against the Tulfo brothers.
    “Now that the case is in court, we expect both parties to face each other during trial where mediation is always an option,” Avisado said.

    3 Tulfo brothers seek new probe of grave threat raps filed by Raymart, Claudine


    By Jeannette I. AndradePhilippine Daily Inquirer
    10:14 pm | Monday, November 26th, 2012


    MANILA, Philippines—Three Tulfo brothers on Monday sought a reinvestigation of the grave threat charges filed against them before a Quezon City court by couple Raymart Santiago and Claudine Barretto, claiming that they were denied the right to defend themselves from the complaint.

    Filing a motion before the local metropolitan trial court in behalf of brothers Erwin, Raffy and Ben Tulfo, lawyer Nelson Borja sought to defer the issuance of an arrest warrant against his clients while questioning the finding of probable cause by the City Prosecutor’s Office against them after their failure to file their respective counter-affidavits during the preliminary investigation of the grave threats case.

    Balagtas had recommended the filing of charges against the Tulfos for allegedly threatening on national TV Raymart and Claudine during their “T3” program aired over TV-5, a day after their eldest sibling Ramon figure in an airport scuffle with the couple on May 6.

    In his three-page motion, Borja argued that failure to submit their counter-affidavits during the preliminary investigation conducted by Assistant City Prosecutor Rowena Balagtas should not result in the denial of the Tulfo brothers’ rights.

    He claimed that his clients neither received subpoenas nor were they informed by their program staff of such a proceeding.

    The lawyer cited the right of the Tulfo brothers to due process, wherein they must be furnished a copy of the complaint and its supporting documents as well as be able to submit their counter-affidavits in their defense.

    Borja maintained that being afforded the right to a preliminary investigation would most likely result in a change or reversal of Balagtas’ finding of probable cause.

    Balagtas had recommended the filing in the Quezon City Metropolitan Trial Court of two counts of grave threat each for Erwin and Raffy and a count of grave threat for Ben.

    In her resolution, the assistant city prosecutor said the Tulfo brothers’ manner of delivery indicated “the threats were made with deliberate purpose of creating in the minds of the persons to whom it was addressed the belief that the threats would be carried into effect.”

    The threats, she said, had been consummated and that they alluded to the infliction of physical harm on the Santiago couple. On the basis of this, Balagtas said she found probable cause for the filing of grave threat charges in court.