ARE YOU OBLIGED TO APPEAR IN "TULFO"?

The answer is no.

First of all, obligations arise from law, contracts, quasi-contracts, delicts and
quasi-delicts. (Article 1157, Civil Code of the Philippines) An obligation is the
juridical necessity to do, to give or not to do. (Article 1156)

What the above legal provisions mean is that a person can only be legally
compelled to do or not to do something if law or contract provides. Non-
compliance with law or valid contract can be a ground (cause of action) to go
to court and have the erring person or party made liable.

There is no law that compels any person to appear in "Tulfo in Action" or any
other show for the purpose of extracting from her a statement relating to her
side of a controversy. In fact, if a person threatens physical harm upon another
or threatens that the latter's name or reputation will be besmirched or marred
on television or on the Internet, the former may be held liable for a crime
under Act No. 3815 (Revised Penal Code of the Philippines).

If, indeed, a person has been maliciously dishonored through attacks against
her reputation, this may be a case of criminal defamation. Articles 353 to 362
of the Revised Penal Code (under CRIMES AGAINST HONOR) provide for the
penalties for such criminal act.

Another argument against the appearance of persons in Tulfo's show is that it

is not the proper forum for the settlement of controversies. The law
recognizes the courts, other tribunals and the Katarungang Pambarangay
system as the proper forum for such purpose.

Of course, the social value of settling disputes without having to go through

government channels is important so that dockets are not clogged. Out-of-
court settlements should definitely be encouraged but it is every person's right
to refuse to appear in "Tulfo's court" (a joke popular on the Internet).

The Supreme Court of the Philippines has held that, although a violation of the
Traffic Code (such as lack of license or overloading) gives rise to the
presumption of negligence on the part of the violator, contributory negligence
cannot be said to be present if there is no logical or causal connection between
such traffic violation and the resulting injury. In short, even if one vehicle has
no lights or exceeds the gross weight limit, if such has no relation to the
accident, contributory negligence cannot be appreciated. Below is a quote
from G.R. No. 119092 (December 10, 1998).

"First of all, it has not been shown how the alleged negligence of the Cimarron
driver contributed to the collision between the vehicles. Indeed, petitioner has
the burden of showing a causal connection between the injury received and the
violation of the Land Transportation and Traffic Code. He must show that the
violation of the statute was the proximate or legal cause of the injury or that it
substantially contributed thereto. Negligence, consisting in whole or in part, of
violation of law, like any other negligence, is without legal consequence unless
it is a contributing cause of the injury. Petitioner says that driving an
overloaded vehicle with only one functioning headlight during nighttime
certainly increases the risk of accident, that because the Cimarron had only
one headlight, there was decreased visibility, and that the fact that the vehicle
was overloaded and its front seat overcrowded decreased [its]
maneuverability. However, mere allegations such as these are not sufficient to
discharge its burden of proving clearly that such alleged negligence was the
contributing cause of the injury."
Reynold Villania, on his Facebook page, posted an amazing discussion on
this question. Please read the full text of his explanation below.

TANONG: Sir, ako po ay traffic investigator ng aming estasyon. Hindi ko po

alam ang gagawin ko sa isang kaso dahil dalawa ang bersyon ng mga kasama
ko kung sino ang sasampahan ng kaso. Ito po ang nangyari.
(QUESTION: Sir, I am a traffic investigator in my area's police station. I
don't know what to do regarding this one case where there are two versions
of the story and we do not know whom to file charges against. Here's what
happened.)

Isang Montero ang sumalpok sa Fortuner. Ang drayber ng Montero ay may

lisensya at OR/CR na maybisa. Ang drayber ng Fortuner ay walang lisensya at
wala ng bisa ang OR/CR. Subalit, nasa "right of way" ang Fortuner. (A
Mitsubishi Montero crashed into a Toyota Fortuner. The Montero's driver
has license and registration. The Fortuner's driver has no driver's license
and expired registration. The thing is that the Fortuner was the one in the
right lane during the accident.)

Ayon sa isang grupo sa estasyon, otomatik na dapat na makasuhan ang

drayber ng Fortuner kasi nag maneho siya ng sasakyan ng walang
lisensya. .Ayon naman sa isang grupo, dapat na kasuhan ang Montero
sapagkat siya naman talaga ang puno't dulo ng aksidente. Paglabag sa trapiko
lamang ang kasalan ng Fortuner at hindi dapat na makasuhan. (One group in
the station says the Fortuner's driver should be held automatically liable
since he has not license and registration. Another group says the Montero's
driver should be charged because he is the root cause of the accident, further
saying that the Fortuner's only liability is for traffic violation.)
SAGOT: Kung binasa natin ang Revised Penal Code Annotated, ibig sabihin
iyong makapal na may mga paliwanag at halimbawa ( ito ang gamit ng mga
abogado), at hindi iyong Codal, ibig sabihin, iyong teksto lamang (kadalasan
gamit ng mga pulis sa training at sa estasyon), malalaman natin na ang
basehan ng criminal negligence o reckless imprudence ay walang iba kundi -
KAPABAYAAN o sa ingles IMPRUDENCE O NEGLIGENCE. Sa madaling sabi,
kung sino iyong may kapabayaan base sa imbestigasyon ng pulisya, siya ang
dapat na makasuhan. (ANSWER: If you read the annotated version of
the Revised Penal Code, not merely the codal provisions, you will
realize that the basis of criminal negligence or reckless
imprudence is imprudence or negligence. In other words, whoever
is found by police investigation to be negligent or imprudent
should be the one charged of a crime.)

Sa ilalim ng Civil Code, ang isang drayber na may paglabag sa trapiko ,

halimbawa, walang lisensya ay "presumed" negligent. Bakit presumed? Kasi
puwedeng mawala ang presumption kung mayroong siyang ebidensyang
magpapatunay na wala siyang kapabayaan. Hindi sinasabi, mga kasama, sa
Revised Penal Code na kapag ang draybey ay walang lisensya, siya na ang
otomatikong may kasalanan. Itong paniniwala ay minana natin sa mga
sinaunang imbestigador na walang legal na basehan. (Under the Civil
Code, a driver who has committed a traffic violation - for example,
havign no license to drive - is "presumed" negligent. Why
"presumed"? This is because a presumption can be overturned by
evidence proving he has no negligence. Law does not say, men,
that a driver without license is automatically liable in a criminal
negligence case. This belief has been passed down to us by ancient
investigators without legal basis.)
Sa ating kaso ngayon, base sa kwento ng ating kasama, ang dapat na
makasuhan sa ilalim ng Revised Penal Code ay ang drayber ng Montero, dahil
lumalabas na sa kaniya ang kapabayaan kung bakit nagkaroon ng aksidente,
kahit pa na mayroong siyang lisensya at OR/CR at ang Fortuner ay wala.
Suportado rin ito ng isang kasong nadesisyunan ng Korte Suprema. Ngayun,
kung gusto mong tiketan ang drayber ng Fortuner dahil sa traffic violation,
puwede mo rin gawin yan. (In the case at bar, based of the facts given,
the one liable under the Revised Penal Code is the Montero's
driver, it having been found that he was the one at fault or with
negligence causing the accident, despite the fact that the
Fortuner's driver has no license or registration. This conclusion is
supported by jurisprudence. Now, if you as a police officer or
traffic enforcer choose to issue a ticket against the Fortuner's
driver due to his traffic violation, be my guest.)

Republic of the Philippines

NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE CALABARZON
CAVITE POLICE PROVINCIAL OFFICE
INDANG MUNICIPAL POLICE STATION
Poblacion 1, Indang, Cavite

April 12, 2021

Hon. LERIO C CASTIGADOR
Exceutive Judge
Branch 15, RTC
Naic, Cavite

Dear Sir,

This pertains to pertains to the pronouncement of PRRD ordering the

“Destruction of all seized illegal drugs to avoid recycling of the contraband by
unscrupulous individuals”. Relative thereto, the Regional Chief, CLO 4A forwarding
to your office is the chemistry report no. D0945-99, subject specimen were recoverd
at the vicinity of Ambil Island, Occidental Mindoro on February 8, 1999 and
submitted to RCLO for examnation prior to reorganization of Southern Tagalog
Region, creating separate regions of CALABARZON and MIMAROPA.

In this regard, the undersigned si requesting a Certification of No Case Filed

and/or No Apprehended person from your good office relative to the above
mentioned recovered shabu, as a requirement stated in DDB Board Resolution
Section 6, wherefor requirering such certification prior destruction of illegal drugs by
and in possession of the government.

Hoping that this request merits favorable consideration and rest assured of the
usual cooperation of this Office on a matter of mutual concern.

Thank you for your very much and immediate action on the matter requested
is highly appreciated.

Respectfully yours,

ROMMEL B CARCELLAR
Police Major
Chief of Police

: All COPS
(Attn: Chief Invest)
 FROM : Provincial Director, Cavite PPO

SUBJECT : Request Issuance of No Case Filed and/or No

Apprehended Person

DATE : April 10, 2021

1. References:
a. Memo from OIC, RIDMD dated April 6, 2021 with subject same as above; and
b. Memorandum from Regional Chief, CLO 4A dated April 6, 2021 with subject
same as above.

2. This pertains to pertains to the pronouncement of PRRD ordering the

“Destruction of all seized illegal drugs to avoid recycling of the contraband by unscrupulous
individuals”. Relative thereto, the Regional Chief, CLO 4A is requesting to your Office to
issue Certification of No Case Filed and/or No Apprehended person for case operated by
your unit as requirement stated in DDB Board Resolution Section 6. Further, the PDEA is
requiring such certification prior destruction of all illegal drugs seized by and in possession of
the government.

3. In connection with the above, forwarding to you is the chemistry report with no. D-
0945-99 and please take note that the subject was submitted to RCLO for examination prior
to reorganization of Southern Tagalog Region, creating separate regions of CALABARZON
and MIMAROPA.

4. In this regard, you are directed to get a Certification of No Case Filed and/or
No Apprehended person from your respective courts regarding the recovered shabu at the
vicinity of Ambil Island, Occidental Mindoro on February 8, 1999 and submit the same to this
Office.

5. Further, you are directed to submit to this Office (Attn: Chief, PIDMU) a
Certification of No Case Filed and/or No Apprehended person, duly signed by Chief of
Police, pertaining to the aforementioned recovered shabu with Chemistry Report no. D-
0945-99 in hard copy thru courier or thru email at caviteppos7@gmail.com NLT 2:00 PM of
April 14, 2021 for submission to the Regional Office.

6. For strict compliance.

BY THE AUTHORITY OF THE PROVINCIAL DIRECTOR:

JOEWIE B LUCAS

Police Lieutenant Colonel

Chief, PIDMU
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE CALABARZON
CAVITE POLICE PROVINCIAL OFFICE
INDANG MUNICIPAL POLICE STATION
Poblacion 1, Indang, Cavite

November 13, 2020

Hon. LERIO C CASTIGADOR

Exceutive Judge
Branch 15, RTC
Naic, Cavite

Dear Sir,

This pertains to the Memorandum from RD, PRO CALABARZON dated

October 8, 2020 with subject PRRD Directive re Destruction of Seized Illegal Frugs
on October 6, 2020 to destroy seized illegal drugs in one week and DIDM
memorandum dated August 6, 2020 with subject “ Order of Destruction of
Dangerous Drugs Pursuant to Section 21 (4) Republic Act No. 9165 as amended.
 In this regard, the undersigned is directed to undertake the following:

a. Cause and supervise the appropriate coordination with all the Courts,
Prosecutors, and PDEA under your AOR wherein drug cases is pending to
facilitate the immediate conduct of ocular inspection and destruction of the
seized illegal drugs; and

b. Conduct inventory of all seized illegal drugs under your AOR and closely
monitor the status thereof with the end view of facilitating its immediate
destruction.

Hoping that this request merits favorable consideration and rest assured of the
usual cooperation of this Office on a matter of mutual concern.

Thank you for your very much and immediate action on the matter requested is
highly appreciated.

Respectfully yours,

ROMMEL B CARCELLAR
Police Major
Chief of Police, Indang MPS

Office of the Clerk of Court

Branch 15, RTC Naic, Cavite

Sir/Madam,
As we face the unprecedented situation caused by the global corona virus pandemic
that is affecting our families, our bussiness, our communities and our way of life, the
“new normal” that we are facing today gave us new modes in acquiring data and
information that we are able to use in our investigative reports.

In line with our new situation , humbly requests your good office soft copies of case
status or case progress of all the cases in your office from 2016 to date prioritizing
cases of Illegal drugs, Homicide, Murder, Carnapping, Robbery, Theft, Rape and
Physical injuries. This is with the compliance for the PNP MC No. 2014-2009. “The
PNP Memorandum Circular on Crime Incident Recording System” wherein the PNP
is directed to update as to the development and the disposition of the cases that
were referred to the prosecutors office. Should you have any queries regarding this
matter, you can contact this station through NUP Lanny Narne in her celphone
number 09178930532 and station email address Indang_mps@yahoo.com.

Thank you for your cooperation and your immediate action on the matter requested
is highly appreciated.

ROMMEL B CARCELLAR
Police Major
Chief of Police, Indang MPS
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE CALABARZON
CAVITE POLICE PROVINCIAL OFFICE
INDANG MUNICIPAL POLICE STATION
Poblacion 1, Indang, Cavite

MEMORANDUM

FOR : PCOL MARLON R SANTOS

Provincial Director, Cavite PPO
Attn: Chief, PIDMU)

FROM : Chief of Police

SUBJECT : Actionable Items during the Regional EMPO and AID OC Meeting
DATE : October 1, 2020

1. References: Minutes of the Meeting re Enhance Managing Police Operations and

Anti-Illegal Drugs Oversight Committee Meeting held at PRO4A Multi-Purpose Center
Conference Room, Camp Brigadier Gen Vicente Lim, Calamba City on September 23, 2020

2. In connection with the above reference, please be informed that one of the
actionable items coming from PD, Cavite PPO is the study/review the status and history of
arrested suspects involved in illegal drugs and determine the impact of plea-bargaining
agreement in the drug war campaign of the government. Please be informed that this station
is not against in the released of drugs suspects who availed plea bargaining considering that
it is a lawful according to the Supreme Court. Further it speeds up the trial which gives ease
to the expenses, time and effort of the arresting officers specially that no funds is allocated
for attending court hearing. With this PBA, those arrested suspects were really involved in
drugs prior to their arrest because in the open court they admitted that they were arrested
because of illegal drug.

3. However, several drug suspects who availed plea bargaining agreement returns to
their illegal activity selling/pushing illegal drugs because of light penalties imposed to them.

4. As what the current drug situation in Indang dictates, there were very few to none
drug pushers exists in the municipality. Therefore, those previously arrested personalities
deserved rehabilitation from drug use.

5. For information.

ROMMEL B CARCELLAR
Police Major
 1. References: Minutes of the Meeting re Enhance Managing Police Operations and
Anti-Illegal Drugs Oversight Committee Meeting held at PRO4A Multi-Purpose Center
Conference Room, Camp Brigadier Gen Vicente Lim, Calamba City on September 23, 2020

2. In connection with the above reference, please be informed that one of the
actionable items coming from PD, Cavite PPO is the study/review the status and history of
arrested suspects involved in illegal drugs and determine the impact of plea-bargaining
agreement in the drug war campaign of the government. Please be informed that this station
is not against in the released of drugs who availed plea bargaining considering that it is a
lawful according to the Supreme Court, it speeds up the trial which gives ease to the
expenses, time and effort of the arresting officers specially that no funds is allocated to those
arresting officers attending court hearing. Through this PBA, we observed that those
arrested suspects were really involved in drugs prior to their arrest because in the open court
they admitted that they were arrested because of illegal drugs. In the negative side, several
of drug suspects who availed plea bargaining agreement goes back to their illegal activity
selling/pushing of illegal drugs because of light offense imposed to them. In our point of
view, the court should speed up the cases of drugs suspects for conviction, while in the plea-
bargaining agreement the court should ask the consent and assessment of arresting officers
to find out if the applicant should be granted PBA.

3. For your information.

Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE CALABARZON

CAVITE POLICE PROVINCIAL OFFICE

Camp BGen Pantaleon Garcia, City of Imus, Cavite

MEMORANDUM

TO : All COP’s
(Attn: Chief Investigator)

FROM : Provincial Director

SUBJECT : Actionable Items during the Regional EMPO and AID OC Meeting
 DATE : September 30, 2020

4. Reference: Minutes of the Meeting re Enhance Managing Police Operations and

Anti-Illegal Drugs Oversight Committee Meeting held at PRO4A Multi-Purpose Center
Conference Room, Camp Brigadier Gen Vicente Lim, Calamba City on September 23, 2020

5. In connection with the above reference, please be informed that one of the
actionable items coming from PD, Cavite PPO is the study/review the status and history of
arrested suspects involved in illegal drugs and determine the impact of plea bargaining
agreement in the drug war campaign of the government.

6. In this regard, you are directed to submit your point of view in relation to the
released of drug suspects who availed plea bargaining and to determine its impact on the
ongoing drug war conducted by the Philippine National Police. Thereafter, kindly furnish this
office (Attn: Investigation/Monitoring Section) the result of your action taken not later than
1:00 PM of September 30, 2020 thru email at caviteppos7@gmail.com.

7. For strict compliance.

BY THE AUTHORITY OF THE PROVINCIAL DIRECTOR

RESTY ESTORIL SORIANO

Police Lieutenant Colonel

Chief, PIDMU
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, POLICE REGIONAL OFFICE CALABARZON
CAVITE POLICE PROVINCIAL OFFICE
Camp BGen Pantaleon Garcia, City of Imus, Cavite

MEMORANDUM

TO : ALL COPs
(Attn: Chief Invest)

FROM : Provincial Director, Cavite PPO

SUBJECT : Liason Officer for Drug Cases filed in RTC

DATE : September 30, 2020

1. References:
a. VI Instruction of Chief PIDMU dated September 30, 2020 and;
b. Minutes of EMPO dated September 23, 2020.

2. This pertains to the Actionable Items during the Regional EMPO and AID
meeting last September 23, 2020 that all PPOs are required to provide Liason Officer
for Drug Cases filed in RTC.

3. In this regard, you are directed to submit one (1) Liason Officer for Drug
Cases filed in RTC in your respective Police station NLT 11:30 AM of September 30,
2020.

4. For Strict Compliance.

FOR THE PROVINCIAL DIRECTOR:

RESTY E SORIANO
Police Lieutenant Colonel