MANILA, Philippines – The legal counsel for the Tulfo brothers on Monday filed an omnibus motion at the Quezon City Prosecutors Office seeking a stop to the issuance of warrant of arrest and the subsequent reinvestigation of criminal case of grave threat against them by celebrity couple Raymart Santiago and Claudine Barretto.
The case stemmed from grave threat charges filed by the Santiagos against Erwin, Raffy and Ben Tulfo for threatening the celebrity couple on national television a day after their eldest brother Ramon figured in an airport brawl with the couple in May.
The lawyer for the accused, Atty. Nelson Borja, said his client have not received any subpoena needed for the submission of counter-affidavits during the preliminary investigation.
Earlier, Assistant City Prosecutor Rowena Balagtas issued as resolution saying "the respondents' (Tulfo brothers) demeanor, tone and facial expression indicated that the threats were made with deliberate purpose of creating in the minds of the persons to whom [they were] addressed the belief that the threats would be carried into effect."
"The threats uttered by the respondents alluded to the infliction of physical harm upon the complainants (Santiago and Barreto).…The threats were consummated as soon as complainant spouse heard the statements of the respondents on TV on May 7, 2012."
Balagtas, however, dismissed the slander complaint against the Tulfos for lack of merit.
According to Atty. Freidrick Lu, the legal counsel of Ben Tulfo, his client is not guilty of grave threat because what he just did was challenge Santiago to a fist fight.
"No actual threat. Sinabi lang niya na fist fight," Lu said.
Ben Tulfo's counsel is also filing an omnibus motion asking the prosecutors office to reinvestigate the case.
"He (Ben) was surprised. If indeed they sent us subpoenas, then show us proof," Lu said.
Meanwhile, Quezon City Chief Prosecutor Donald Lee said that if the Tulfo brothers are questioning the resolution, the only remedy for them is to file a motion for reinvestigation.
source: abs-cbnnews.com
