A LAWYER has asked the Commission on Elections (Comelec) to disqualify members of the Tulfo family running for elective posts in the May 12 national and local elections and prevent them from joining Sen. Raffy Tulfo in government.
Elections chairman George Garcia said the petition filed by lawyer Virgilio Garcia is a potential test case for the constitutional prohibition against political dynasty, noting that the case may eventually reach the Supreme Court.
“In the end, this issue will reach the Supreme Court. This will certainly test this provision of the Constitution. In such a scenario, this will be the first test of this provision and it comes at a time when political dynasty is a hot topic in the country. We will all await what the SC will say on the matter later on,” Garcia said.
Article II, Section 26 of the 1987 Constitution provides that “the State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.”
In his 19-page petition, Garcia asked the Comelec to disqualify senatorial candidates Erwin and Ben Tulfo, party-list nominees Jocelyn Pua-Tulfo (ACT-CIS) and Wanda Tulfo-Teo (Turismo), and re-electionist Rep. Ralph Tulfo of Quezon City (2nd District).
Garcia is running against Ralph Tulfo for the Quezon City post. He is a retired brigadier general from the Armed Forces of the Philippines’ Judge Advocate General Service.
“Respondents belong to the same family. They are within the first and second civil degree of consanguinity or of affinity of each other,” Garcia said in his petition.
“Wherefore, it is respectfully prayed of the Honorable Commission that, after due process, respondents be declared as constituting a political dynasty, by express prohibition under the Constitution, and are, therefore, not qualified as candidates to seek public office in the national and local elections in May 2025. Further, that respondents be declared disqualified as candidates in the national and local elections in May 2025,” he also said.
Aside from being part of one family, Garcia also said that the five are related to Sen. Raffy Tulfo “within the first or second civil degree of consanguinity or of affinity.”
“Respondents Cong. Erwin, Ben, and Wanda Tulfo Teo are younger siblings of Senator Raffy Tulfo. Respondent Cong. Jocelyn Pua Tulfo is the wife of Senator Raffy, while respondent Cong. Ralph is their son,” he said.
ONE FAMILY
Garcia said the Comelec should disqualify the Tulfos from running as the Constitution prohibits political dynasty.
He said having three brothers in the Senate and another three family members in the House of Representatives is unacceptable.
“Certainly, three brothers in the Senate, a sister, a wife, and a son in Congress fits perfectly within the prohibition of political dynasty and the degree of relationship intended to be covered by the framers of the Constitution,” he said.
“There is already an existing anomalous scandalous father-mother-son in Congress, and this family wants to add three more making a total of seven of them, all in same Congress. That is clearly a concentration of political power in one family,” he added.
He stressed that a political dynasty is prohibited as it has been declared as a state policy.
“Given the generally accepted meaning of a political dynasty, and the discussion of the Constitutional Commission regarding the extent of the relationship of relatives covered by the prohibition, it is humbly submitted that these can be the bases of the Commission in applying the coverage of the prohibition,” the petitioner said.
Garcia’s petition was raffled to the Comelec First Division, which is composed of Commissioners Aimee Ferolino, Ernesto Maceda, and Norina Tangaro-Casingal.
The Comelec chief said the poll body will try to resolve all pending petitions to disqualify candidates before May 12.
“Hopefully, the Division will immediately be able to come out with a decision in a matter of 15 to 20 days after the submission of the Answer,” he said.
“We want to resolve all cases before Election Day so that the candidates will have no uncertainties while voters will not have any hesitation in casting their votes,” he said.
Erwin Tulfo has been consistently topping senatorial surveys, while Ben Tulfo is ranked fourth.
Erwin is running under the Marcos administration’s “Alyansa Para sa Bagong Pilipinas,” while Ben is running as an independent candidate.
NO ENABLING LAW
Erwin Tulfo defended his decision and those of his siblings to seek elected positions, saying there is no enabling law yet to implement the constitutional provision against political dynasties.
“Walang enabling law ‘yung sinasabing batas na ‘yan. Kailangan may batas. Unfortunately, ‘di pa kumikilos ang Kongreso at ang Senado. Wala pang batas tayo kaya talagang may nangyararing ganito (The law being cited by the petitioner has no enabling law. There has to be a law. Unfortunately, Congress and the Senate have yet to act on it. We still don’t have a law, that’s why things like this really happen),” he told the Alyansa’s press conference in Pasay City where the slate held a campaign rally at the Cuneta Astrodome.
Tulfo, a former broadcast journalist who vowed to support the anti-political dynasty bill if he is elected, said he has yet to receive a copy of the complaint or a subpoena from the Comelec and he only learned about it from his barber who read it on social media.
While the complainant was correct to cite Article II, Section 26 of the Constitution, Tulfo said “he seemed to have forgotten to note that that provision states, ‘as may be defined by law.’”
“Unfortunately, we still don’t have an enabling law,” he said, noting that the Supreme Court, in the 2022 case of the Kapatiran against former Senate President Juan Miguel Zubiri and Speaker Martin Romualdez, has also reiterated that such constitutional provision needs an enabling law before it can be invoked by the petitioners.
Former Sen. Panfilo Lacson, who is also a senatorial candidate under the Alyansa slate, said he was hoping that his bill seeking to prohibit political dynasties will be approved in the 20th Congress, if he gets elected once again.
He said that while he had filed and re-filed bills to fulfill the 1987 Constitution’s provisions against political dynasties, these failed to get past the committee hearing stage.
Lacson pointed out that political dynasty still needs to be defined, which can be set once an enabling law is enacted. His previous bills defined political dynasty as up to the second degree of affinity or consanguinity of an incumbent elected official.
“I have filed that so many times. It would be easy to re-file, but I hope it finally gets the needed support in the 20th Congress,” he told the press conference. “It (political dynasty) needs to defined by law so saan tayo magsisimula? (where are we going to start?) First degree? Second degree? Third degree?” – With Wendell Vigilia
