THE Commission on Elections (Comelec) has dismissed due to technicality the second disqualification case filed against leading senatorial candidate, ACT-CIS party-list Rep. Erwin Tulfo, effectively clearing his candidacy in the May 12 polls.
The petition was filed by the Graft-Free Philippines Foundation Inc. and Berteni Causing last February 25.
“Settled is the rule that failure to comply with a mandatory requirement warrants the dismissal of the petition,” the Comelec First Divisionn said in its three-page ruling.
“In view of the foregoing, the Commission (First Division) hereby resolves to dismiss the instant petition,” it said.
The First Division said that “upon scrutiny of the submitted petition and its attachments, it appears that 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.”
“Hence, it cannot be ascertained whether the respondent received a copy of the petition with complete annexes,” it added.
Tulfo, who is running for senator under the administration’s “Alyansa para sa Bagong Pilipinas” slate, lauded the Comelec decision.
He said the Comelec it is merely ensuring the integrity of the May midterm elections.
“Ang desisyong ito ng Comelec ay muling nagpapatunay ng mariin nitong pagbabantay para sa isang tapat, patas at may integridad na pagpapatupad ng mga batas hinggil sa halalan (This decision of the Comelec once again proves of it’s steadfast vigilance to ensure that the implementation of elections laws will be honest, fair and with integrity),” he said in a statement.
In their petition, Graft-Free Philippines Foundation and Causing said Tulfo should be disqualified to run for senator since he is part of a looming political dynasty in the Senate, pointing to the presence of his brother, Sen. Raffy Tulfo, and another brother, Ben, who is also seeking a Senate seat.
They also said Erwin Tulfo cannot participate in the Senate race because he is a citizen of the United States of America (USA) and is not a Filipino as required by the Constitution.
They likewise cited his conviction on four counts of libel deemed final by the Supreme Court.
The Comelec’s First Division has earlier junked the petition to disqualify five candidates from the Tulfo clan, saying the complaint was found as insufficient in form.
This after petitioner, lawyer Virigilio Garcia, failed to attach the certificates of candidacy (COCs) of senatorial bets Erwin and Ben, party-list nominees Jocelyn Pua-Tulfo (ACT-CIS) and Wanda Tulfo-Teo (Turismo), and re-electionist Quezon City Rep. Ralph Tulfo in his complaint. – With Wendell Vigilia
