Comelec division says petition insufficient in form
THE First Division of the Commission on Elections (Comelec) yesterday junked the petition to disqualify five candidates from the Tulfo clan, saying the complaint was insufficient in form.
In a three-page order, the panel said petitioner, lawyer Virigilio Garcia, failed to attach the certificates of candidacy (COCs) of senatorial bets Erwin and Ben Tulfo, party-list nominees Jocelyn Pua-Tulfo (ACT-CIS) and Wanda Tulfo-Teo (Turismo), and reelectionist Quezon City Rep. Ralph Tulfo in his complaint.
Garcia had asked the Comelec to disqualify the Tulfos, saying that their potential election in the May 12 polls, in addition to Sen. Raffy Tulfo, constitutes a political dynasty, which is prohibited under the 1987 Constitution.
In its ruling, the first division said: “After a judicious review of the petition, the Commission (first division) finds that petitioner failed to comply with the requirement. Upon scrutiny of the submitted petition and its attachments, it appears that the petitioner failed to provide the copies of respondents’ COCs, which would have been vital in order to properly verify the necessary information alleged in the petition.”
“In view of the foregoing, the Commission (first division) hereby resolves to dismiss the instant petition,” it said.
Asked if the petitioner can file a Motion for Reconsideration, Comelec chairman George Garcia answered in the affirmative.
“It is possible that if it reaches the Comelec en banc, it can be decided based on the merits,” Garcia said in an interview.
He also said the petitioner may likewise opt to file a new petition against the Tulfos.
“Disqualification cases can be filed before the proclamation of the winning candidate,” he said.
‘JUST AND FAIR’
Erwin Tulfo (PL, ACT-CIS) thanked the Comelec division for dismissing the disqualification petition, saying the decision was “just and fair.”
“Ang desisyong ito ay nagpapatunay sa matibay na paninindigan ng Komisyon sa katarungan at sa pagpapanatili ng kredibilidad ng ating demokratikong institusyon. Bilang lingkod-bayan, nananatili akong tapat sa aking tungkulin na maglingkod nang may integridad, katapatan, at pagsunod sa batas (This decision only proves the Commission’s strong commitment to ensuring the credibility of our democratic institution. As a public servant, I will remain faithful to my duty to serve with integrity, honesty and by being law-abiding),” he said in a statement.
Tulfo, who is running for senator under the administration’s “Alyansa Para sa Bagong Pilipinas” slate, said the dismissal of the petition also proves the integrity of the electoral process and the importance of respecting the constitutional due process.
“Buong tiwala akong naninindigan sa kalayaan at pagiging patas ng Comelec (I stand by the independence and fairness of the Comelec),” added the former broadcast journalist.
ZAMBALES BET
The Supreme Court yesterday granted the petition of Chito Bulatao Balintay, a member of the indigenous peoples of Zambales, to be allowed to run for the gubernatorial post in the province, reversing the Comelec’s decision to reject his COC.
The decision was reached by the magistrates during their regular en banc session.
The en banc said the Comelec “gravely abused its discretion” when it did not allow Balintay to file his CoC, adding that the poll body should reexamine whether its rules serve the interest of justice and fair play.
“The SC has recognized that elections are not conducted under laboratory conditions. The Comelec must be prepared to make quick decisions in response to unforeseen circumstances that could undermine or subvert the will of the voters,” a briefer on the decision issued by the High Court said.
“Given these considerations, along with Balintay’s unique circumstances, the SC found that the Comelec’s strict application of its rules was unjustified, warranting the reversal of its decision,” it added.
The en banc ordered the poll body to accept Balintay’s CoC and include his name in the official ballots for the gubernatorial post of Zambales in the May 12 elections.
Balintay filed his CoC on the last day of filing last year, 25 minutes prior to the closing time.
However, the Comelec rejected his COC, saying it was incomplete as it lacked a required fifth copy and documentary stamps.
While he was allowed to complete his documents, he came back and submitted these three minutes past the 5 p.m. deadline
Under Section 37 of Comelec Resolution No.11045, incomplete COCs will neither be accepted nor stamped “received” even if submitted on time.
With this, the poll body rejected Balintay’s COC, prompting him to elevate the case to the High Court.
On January 14 this year, the SC issued a temporary restraining order barring the Comelec from enforcing its decision rejecting Balintay’s candidacy.
The 66-year old Balintay is seeking to challenge incumbent Gov. Hermogenes Ebdane Jr., who is gunning for his third and final term
Balintay is an Aeta leader in Zambales and has served as the indigenous peoples’ representative and ex-officio Board Member of the Zambales Provincial Board.
He also served as the first provincial officer of the National Commission of Indigenous Peoples.
In a text message, Garcia said the name of Balintay is already included in the official ballots.
“His name was already included in the ballots. Hence, he is a valid candidate,” Garcia said. – With Wendell Vigilia and Ashzel Hachero
