REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION

MAKATI CITY, BRANCH 58

PEOPLE OF THE PHILIPPINES,

Plaintiff,

Crim. Case No. 71862

- versus –

ERWAN TULFO y CURTIS

Accused.

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OFFICIAL TRANSCIPT OF PROCEEDINGS

(ARRAIGNMENT AND PRE-TRIAL DAY ONE)

Makati City, Philippines

BEFORE:

The Honorable, Judge. Tito Vic De Leon

APPEARANCES:

For the Prosecution:

Atty. Raymart Agoncillo

For the Defense:

Atty. Judy Anne Barretto

For Arraignment; Pre-Trial; and (Continuous Trial)

{Whereupon, at 1 ’clock in the afternoon, January 15 2018 before the Judge Tito Vic De Leon, in

Makati City Courtroom Number Four, the following commenced:}

PROCEEDINGS

ARRAIGNMENT

The Court: Almighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly

beseech You to bless and inspire us so that what we think, say and do will be in accordance with

Your will. Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love, wisdom

and understanding, so that we can become effective channels of truth, justice and peace. In our

proceedings today, guide us in the path of righteousness for the fulfillment of Your greater glory.

Amen.

The Court: *Bangs gavel* Call the case.

The Clerk: For arraignment, Criminal Case No. 71862 , People of the Philippines vs. Erwin

Davila y Soho for the crime of Libel Under Sec. 4c of RA 10175 or the Cybercrime Prevention

Act of 2012

The Court: Appearances.

Prosecution: Atty. Raymart Agoncillo, Your Honor appearing as the Assistant City Prosecutor.

Defense: For the defense, Your Honor, Atty. Judy Anne Barretto.

The Court: Okay, ready for arraignment?

Prosecution: Yes, Your Honor.

The Court: Where are the accused?

The Clerk: Erwin Davilla is present, Your Honor.

The Court: Okay, arraign the accused.

Court Interpreter: The clerk of court will now read the information filed against the accused.
The Clerk: That on or about the 11th day of May, 2017 in Makati City, Metro Manila, Philippines
and within the jurisdiction of this Honorable Court, the above-named accused, , being an online
blogger and publisher of “ERWAN TULFO BLOG,” an online blog accessible through
“erwantulfoblog.ph” in the Philippines, did then and there willfully, unlawfully and feloniously
and with malicious intent to discredit or dishonor complainant, ATTY. GADON “DING” DY, and
with the malicious intent of injuring and exposing said complainant to public hatred, contempt and
ridicule, write and publish in the regular posts of said website on May 11, 2017, quoted hereunder,
to wit:

PINAKAMAYAMAN SA CUSTOMS
Ito palang si Atty. Gadon “Ding” Dy ng Intelligence Division ng Bureau of Customs
and [sic] pinakamayaman na yata na government official sa buong bansa sa
pangungurakot lamang diyan sa South Harbor. Hindi matibag ang gagong attorney dahil
malakas daw ito sa Iglesia ni Kristo. Hoy, So! nakakahiya ka sa mga INC, ikaw na yata
ang pinakagago at magnanakaw na miyembro nito. Balita ko, malapit ka nang itiwalag
ng nasabing simbahan dahil sa mga kalokohan mo. Abangan bukas ang mga raket ni So
sa BOC.

WHEREIN said complainant was indicated as an extortionist, a corrupt public official,

smuggler and having illegally acquired wealth, all as already stated, with the object of
destroying his reputation, discrediting and ridiculing him before the bar of public
opinion.

The Court: How do you plead?

The Clerk: Erwin Davila y Soho?

Accused Davila: Not guilty, Your Honor.

The Clerk: Your Honor, accused

The Court: Okay, I will now issue the order. Order: The accused was present and arraigned today

with the assistance of their Counsel, ATTY. JUDY ANNE BARRETTO and the information was

read to the accused in the English language, a language known and understood by him. Enjoined

on the records the plea of not guilty of the accused.

The Court: We now proceed to pre-trial conference. Mr. Clerk of Court, kindly conduct the pre-

trial conference.
PRE–TRIALCONFERENCE

(Marking of Exhibits for Prosecution)

The Court: Are we ready for marking of exhibits?

Prosecution: Yes, Your Honor. We pray that the Information December 11, 2017be mark as

“Exhibit A”.

The Court: Mark it.

Prosecution: We pray that the Certification from BOC that Mr. Davila is the only “Erwin Davila

y Soho” employed in the BOC be marked as “Exhibit B”.

The Court: Mark it.

Prosecution: We pray that the Screenshot of the online article of the accused as “Exhibit C”.

The Court: Mark it.

Prosecution: That’s all, Your Honor.

Prosecution: We would like to reserve our rights to present other witnesses and additional

documents/object evidence, your Honor.

The Court: Any comment, defense counsel?

Defense: None, Your Honor but we would also like to reserve our rights to present additional

evidence during the trial.

The Court: Okay, you may reserve your right to present evidence during the course of trial. Show

your documents to the defense. Does the Defense admit the genuineness and due execution of the

documents?

Court Interpreter: *Counsel now approached defense counsel and handed the marked documents

to the latter.*
Defense: Yes, Your Honor. We admit to the genuineness and due execution of exhibits A, B, and

C.

Court: Markings of Exhibits for Defense

Defense: No Documentary or Object Evidence your honor.

Defense: That’s all, your Honor.

The Court: Witnesses for the Prosecution.

Prosecution: Your Honor, our witnesses will be:

1. The complainant - Atty. Gadon “Ding” Dy.

2. Atty. Claudine Velasquez – His co-worker in the BOC and church mate in the Iglesia ni Cristo.

The Court: Prosecution has two (2) witnesses. Witnesses for the Defense

Defense: Our witness will be:

1. Accused Erwin Davila y Soho.

The Court: 1 witness for the defense.

Defense: Yes, Your Honor but we again ask the Court to allow us to present additional evidence

during the trial.

The Court: Any comment, Prosecutor?

Prosecution: We allow them, Your Honor if they allow as to present as well during the trial.

The Court: Okay, you may reserve your right to present additional evidence during the course of

trial.

Theory of the Prosecution/Defense

The Court: We now proceed with the stipulation of facts.

Stipulation of Facts from the Prosecution

The Court: Ready?

Prosecution: Yes, Your Honor. Thank you.

The Court: *bangs gavel*. Prosecution’s proposal.

Prosecution: Do you admit to the identity of the accused?

Defense: Yes, we do. We admit.

Prosecution: Do you admit that the Honorable Court has Jurisdiction?

Defense: Yes, we admit to the jurisdiction of this Court.

Prosecution: Do you admit that on May 11, 2017 accused posted the subject article

“PINAKAMAYAMAN SA CUSTOMS” in his blog, erwindavilablog.ph?

Defense: Yes, we agree.

Prosecution: Do you stipulate that erwindavilablog.ph is an online blog which is publicly

accessible in the Philippines.

Defense: We stipulate.

Prosecution: Do you stipulate the post therein and the accused’s authorship of the alleged
libelous statement?

Defense: We stipulate.

Prosecution: Do you stipulate the existence and genuineness of the subject article in
erwindavilablog.ph website?

Defense: Yes. We agree.

Prosecution: That would be all, your honor.

Stipulations of Facts from the Defense

Court: Defense?

Defense: Do you stipulate that that the accused and complaining witness did not know each other

during all the time material to the publication.

Prosecution: We stipulate.

Defense: Do you stipulate that it is the duty of media persons to expose corruption.
Prosecution: Yes. We agree.

The Court: Alright, for the trial dates?

Prosecutor: Every Monday 8am starting from January 22, 2018, Your Honor.

The Court: Okay, January 18, 25 and February 1, 2018 then.

Steno: Your Honor, the next hearing is scheduled January 18, 2018 next week?

The Court: Yes. Will that be all fiscal?

Prosecution: Yes, Your Honor. Thank you.

The Court: Defense?

Defense: That will also be all, your honor.