Comelec dismisses disqualification case vs Tulfo brothers, kin

Ben Tulfo and Erwin Tulfo –INQUIRER file photo

MANILA, Philippines — The Commission on Elections (Comelec) has dismissed the disqualification case for the 2025 elections filed against senatorial candidates Ben and Erwin Tulfo, and three other members of the Tulfo clan.

The order was released on Tuesday. The disqualification case was raffled off to the Comelec First Division.

READ: Comelec: Disqualification case filed vs Tulfo brothers, 3 kin

“In view of the foregoing, the Commission (First Division) hereby RESOLVES to DISMISS the instant Petition,” the three-page order read.

The Comelec First Division argued that the petition “is insufficient in form” adding that the petitioner “failed to provide the copies of the Respondents’ COCs [certificates of candidacy] which would have been vital in order to properly verify necessary information alleged in the petition” and “it cannot be verified whether the Petition was properly served to the Respondents.”

Comelec Chairman George Erwin Garcia said technicality became the grounds of the dismissal. He said that the petitioner failed to attach necessary documents to the disqualification petition.

“Sana naman po, yung magfafile sa Comelec lang na mga petitions, laging sisiguraduhin na tama yung akusasyon, alegasyon, grounds at tsaka yung hinihingi na filing fee at attachments. Otherwise, madidismiss yung petition on technicality at di na makakadako sa pagdedesisyon sa merits,” Garcia told reporters.

(To those filing petitions before the Comelec, please ensure that the accusations, allegations, grounds, filing fee, and attachments are accurate. Otherwise, the petition will be dismissed on technicality and not proceed to the discussion of merits.)

Garcia explained that attachment of a certified true copy of a COC is the most important document in a petition to disqualify, deny due course, or cancel a candidacy as this signifies that an individual is a candidate for the elections.

He added that a sufficient notice served to the respondent “is one way by which the Comelec can acquire jurisdiction over the person.” He noted that the copy of the petition should be immediately copy-furnished to respondents.

Further, he said that the dismissal is not “permanent” as the petitioner can file a motion for reconsideration (MR) before the Comelec First Division. He stated that once the MR is properly filed and sufficient in form, the case will then be elevated to the Comelec en banc.

The other respondents in the disqualification case are ACT-CIS Rep. Jocelyn Pua-Tulfo, Quezon City 2nd District Rep. Ralph Wendel Tulfo, and Turismo Party-list nominee Wanda Tulfo-Teo.

READ: Disposition on DQ case vs Tulfo brothers, kin out on Monday – Comelec

Petitioner Virgilio Garcia argued that the respondents being members of what he deemed as a political dynasty is grounds for disqualification for the May 2025 elections.