Tulfo brods appeal libel case

MANILA, Philippines - Broadcasters Raffy and Erwin Tulfo have filed separate motions for reconsideration on the libel case against them by a police officer whom they called a thief on their television program in 2011.

Raffy, through his lawyer Francisco Tolentino, filed a six-page motion seeking the reinvestigation of the case and the suspension of their arraignment on Aug. 12.

His brother Erwin, on the other hand, filed through his lawyer Nelson Borja an appeal to quash and recall finding of probable cause.

In Raffy’s motion, Tolentino said his client has not received subpoena during the preliminary investigation and was not given a chance to file his counter-affidavit.

“Had accused been duly notified, he would have attended the preliminary investigation and filed his counter-affidavit as well as evidence that would show his innocence of the crime charged,” read the motion.

Tolentino argued that Raffy was deprived of his right to a preliminary investigation.

He asked Quezon City Regional Trial Court Branch 221 Judge Eleuterio Bathan to suspend his arraignment.

Meanwhile, Borja said the finding of probable cause against Erwin is “defective and reversible.”

The lawyer said that the supposed libelous statement allegedly said by his client “appeared to be a side comment” and lacks further elaboration “as to the identity of the person defamed, much less, the true meaning of the statement in its entirety.”

The case against the Tulfo brothers stemmed from the complaint of SPO3 Abubakhar Maglangit whom they called a thief in the Nov. 19, 2011 episode of their T3 program.

Maglangit said the Tulfos uttered degrading and insulting words against him when his photo was shown on television. He said the incident affected his daughter.

He also charged Mark Prindian and Melvin Navarro, field researcher and segment producer of the show.  But the prosecutor cleared them of the charges.

Judge Bathan has issued warrants for the arrest of the Tulfo brothers after finding probable cause to proceed with the trial.

Raffy and Erwin have posted P6,000 bail.