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Comelec junks DQ complaint vs Tulfos

Mayen Jaymalin - The Philippine Star
Comelec junks DQ complaint vs Tulfos
Composite photo shows Rep. Erwin Tulfo (ACT-CIS Party-list) and broadcaster Ben Tulfo filing their certificate of candidacies for senator before the Commission on Elections (Comelec) on October 6, 2024.
The Philippine STAR / Mark Villeza, Ryan Baldemor

MANILA, Philippines — On a technicality, the Commission on Elections (Comelec) dismissed yesterday the disqualification case against senatorial candidate Erwin Tulfo and four other members of his family who are running in the May midterm elections.

In a six-page decision, the Comelec First Division ruled that petitioner Virgilio Garcia failed to submit copies of the respondents’ certificates of candidacy (COCs), which are essential for verifying his allegations.

“After a judicious review of the petition, the Commission finds the petitioner failed to comply with the requirement imposed by Comelec,” the decision read.

The ruling emphasized that non-compliance with these mandatory requirements warrants the dismissal of the petition.

Comelec Chairman George Garcia said the case was dismissed on a technicality rather than on its merits, as the submission of COCs is a fundamental evidence in disqualification cases.

However, he noted that several legal remedies remain available to the petitioner.

“The decision of the Division may be subject to a motion for reconsideration before the en banc. There is a possibility that once it reaches the en banc, it may be decided on its merits,” he said in Filipino.

If the motion for reconsideration meets the required form, the Commission may assume jurisdiction, require additional submissions from the petitioner, call a hearing or resolve the case outright, he added.

The poll chief also noted that disqualification cases may still be filed and resolved before the winning candidates are officially proclaimed.

Garcia had previously filed a formal petition seeking to disqualify ACT-CIS Rep. Erwin Tulfo, ACT-CIS party-list representative and reelection candidates Ralph Wendel Tulfo and Jocelyn Tulfo, Turismo party-list first nominee Wanda Tulfo-Teo and senatorial candidate Ben Tulfo.

He argued that their candidacies constitute a political dynasty, which is expressly prohibited under the Constitution.

Ruling welcomed

Senatorial aspirant Erwin Tulfo welcomed the dismissal of the disqualification case against him, calling it a testament to the integrity of the electoral process.

In a statement, he expressed gratitude for the Comelec First Division’s decision to dismiss the case due to the petitioner’s failure to meet the necessary requirements.

“The dismissal of the case underscores the integrity of our elections and the importance of adhering to due process,” Tulfo said.

“I have full confidence in the independence and fairness of the Comelec. This decision reaffirms the Commission’s commitment to justice and the credibility of our democratic institutions,” he added.

Tulfo also thanked his supporters and emphasized that he would remain focused on his duties as a lawmaker.

“This ruling allows me to dedicate more time and effort to serving our constituents and advocating for their welfare in Congress,” he added.

Another disqualification case against Tulfo remains pending before the Comelec Second Division.

Filed by disbarred lawyer Berteni Cata Luña Causing and Graft-Free Philippine Education Inc., the case seeks Tulfo’s disqualification from the 2025 Senate race on grounds of moral turpitude due to his libel conviction, citizenship, political dynasty membership and failure to prove academic qualifications. — Cecille Suerte Felipe

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