FORMER Social Welfare Secretary Erwin Tulfo yesterday assumed the post as the third nominee of the Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) party-list on a limited capacity pending the final resolution of the disqualification case against him before the Commission on Elections.
Tulfo, who took his oath last Tuesday night before House majority leader Manuel Jose Dalipe, said he will not be able to participate in the legislative process as of now since he cannot attend the plenary session and committee hearings just yet.
“I was informed by the House leadership yesterday that yes, I assumed (the post) as the third member (nominee) of ACT-CIS (and) yes, I am a member of Congress but there will be limitations. I was informed by the Secretary General (Reginald Velasco) and majority leader Dalipe that I cannot vote (on measures) at this time, that I cannot attend session and committee hearings,” Tulfo told reporters.
Tulfo’s appointment as the Marcos administration’s social welfare secretary was not confirmed by the Commission on Appointments (CA) earlier this year.
Last Thursday, the Comelec Second Division dismissed the disqualification case that petitioner Moises Tolentino Jr. filed against Tulfo, ruling that it is already outside the Comelec’s jurisdiction to rule on the matter because the petition was filed way beyond the deadline set since ACT-CIS was already proclaimed last May 26, 2022.
Tolentino filed an 18-page motion for reconsideration (MR) late Monday where he claimed that the Comelec Second Division erred in saying it has no jurisdiction over the disqualification case.
Tulfo expressed confidence that he will be able to formally sit as a congressman before President Marcos Jr.’s second State of the Nation Address (SONA) on July 24, saying the Comelec has promised to resolve the case in two to three weeks.
Also yesterday, the Comelec furnished the House with a copy of Tulfo’s certificates of nomination and of acceptance of nomination to prove that he is the next nominee in the list submitted by ACT-CIS the poll body.
The third seat of the ACT-CIS party-list in Congress became vacant when Rep. Jeffrey Soriano resigned last February 6, which Dalipe announced in the plenary last Feb. 22.
The two other ACT-CIS party-list representatives are Jocelyn Tulfo and Edvic Yap.
The Comelec yesterday said the House of Representatives Electoral Tribunal (HRET) will have full jurisdiction over the disqualification case Tulfo is facing.
“Per the Constitution and the case of Reyes vs Comelec, once there is already a member of the HOR (assumed office), all questions involving the elections, returns, and qualifications of the members of the HOR shall belong to the jurisdiction of the HRET to the exclusion of any other courts or body,” Comelec Chairman George Garcia said.
“The assumption to office of a member of the HOR in accordance with its internal processes will divest anybody of jurisdiction in favor of the HRET,” he added.
Garcia issued the statement after Tulfo took his oath of office as ACT-CIS representative last Tuesday night.
“The validity of the oath is an exclusive domain of the HOR based on its internal rules… Administering the oath is an absolute prerogative of the HOR based on their rules and practice,” Garcia said. — With Gerard Naval
