THE Commission on Elections (Comelec) yesterday affirmed the dismissal of the disqualification petition against members of the Tulfo clan who ran in the May 12 national and local polls.
In a six-page resolution, the Comelec en banc upheld the March 4 decision of the First Division which junked the petition filed by petitioner Virgilio Garcia.
“Finding no positive averment that the Order sought to be reconsidered and set aside, contains palpable or patent errors, we find no cogent reason to depart from the assailed Order of the Commission (First Division),” it said.
“Wherefore, the Motion for Reconsideration is denied. The assailed Order dated 04 March 2025 denying the petition is hereby affirmed,” it added.
The poll body said the First Division was correct in dismissing the disqualification complaint since the petitioner failed to comply with the procedural rules set by the Commission.
It noted that Garcia failed to attach the certificates of candidacy (COCs) of the Tulfo candidates. which is considered as a “serious procedural defect, not a mere lapse.”
“The absence of the COCs renders the petition insufficient in form. It is a fatal omission that justifies the outright dismissal of the petition,” the Comelec said.
Looking into the merits of the case, the Comelec en banc likewise did not see a valid reason to reverse the original ruling, as it noted that there is no enabling law that operationalizes the constitutional prohibition on political dynasties.
“Without an enabling law passed by Congress to define what constitutes a political dynasty, the prohibition cannot be enforced. Thus, the invocation of political dynasty as a ground for disqualification is legally untenable,” it said.
Last February, Garcia sought the disqualification of then senatorial candidates Erwin and Ben Tulfo, party-list nominees Jocelyn Pua-Tulfo (ACT-CIS) and Wanda Tulfo-Teo (Turismo), and reelectionist Rep. Ralph Tulfo of Quezon City (2nd District) for allegedly being part of a political dynasty.
After receiving the ruling of the Comelec First Division, Garcia filed a Motion for Reconsideration before the Commission en banc on March 7.
