Comelec junks 2nd disqualification case against Erwin Tulfo
ACT-CIS Party-list Rep. Erwin Tulfo (File photo)
MANILA, Philippines — The Commission on Elections (Comelec) First Division has junked the second disqualification case filed against senatorial candidate and ACT-CIS Representative Erwin Tulfo.
The order promulgated on Tuesday was released to the media on Thursday.
“[T]he Commission (First Division) hereby RESOLVES to DISMISS the instant Petition,” the three-page order of the First Division read.
According to the order, the petitioner “failed to submit a Proof of Service of the Petition with complete annexes to the Respondent or an Affidavit of Service, in case the former is not possible.”
The second petition was filed by disbarred lawyer Berteni Cataluña Causing and Graft-free Philippine Foundation Incorporated represented by Diosdado Villar Calonge.
The petitioners said Tulfo shall be disqualified from the 2025 Senate race on the grounds of moral turpitude due to his conviction of four counts of libel; citizenship; being member of a political dynasty; and failure to prove academic qualifications.
READ: Comelec dismisses disqualification case vs Tulfo brothers, kin
The Comelec First Division previously dismissed the disqualification case filed against Tulfo, his brother Ben Tulfo, and three members of the Tulfo clan for failing to provide copies of the respondents’ certificates of candidacies and for failing to prove that the petition was properly served to the respondents.
Comelec Chairman George Erwin Garcia likewise said that the dismissal of Erwin’s second disqualification case is similar to the grounds of the first case filed where the petition is not copy furnished to the respondents.
“‘Yan po ay blunder. ‘Yan po ay isang malaking pagkakamali sapagkat mandatory po yung requirement na dapat lagi yung respondent ay kino-copy furnished para alam niya yung dinedemanda sa kanya, ano yung petisyon. Sapagkat failure to copy furnish is a really ground to dismiss the petition,” Garcia told reporters in an interview.
(That is a blunder. That is a big mistake because copy-furnishing a copy to the respondent is a mandatory requirement so they know the case filed against them. Because failure to copy furnish is a really ground to dismiss the petition.)
When asked if it is possible for Comelec to copy furnish the petition to respondents, Garcia said that it would mean that the poll body will not acquire a jurisdiction since the petitioner fails to comply with requirements.
“Para makapag-acquire ng jurisdiction ang Comelec, dapat magfile ng filing fee, dapat nag-attach ng dapat i-attach, dapat nag-allege ng dapat i-allege at dapat nagbigay ng copy sa respondents.
(For Comelec to acquire jurisdiction, the petitioner must file a filing fee, attach necessary attachments, state the allegations, and provide a copy to the respondents.)
Garcia also noted that the Comelec can review should there be a motion for consideration, but he said that the petitioners must consider if it is the right remedy if they meet the requirements.
