Comelec junks petition calling for cancellation of Raffy Tulfo's COC

The Commission on Elections (Comelec) Second Division has junked the petition seeking the cancelation of broadcaster Raffy Tulfo's Senate bid in the 2022 elections.

The petition was filed by one Julieta Pearson last October 25, arguing that Tulfo, in his certificate of candidacy (COC), indicated that he is married to Jocelyn Pua Tulfo, incumbent ACT-CIS party-list Representative.

Pearson claimed that this is untrue as Tulfo was married to her. She also said that Tulfo has been facing criminal complaints and is a dual citizen.

In its nine-page decision, the Comelec Second Division said the petition does not have any legal leg to stand on.

"On account of the foregoing disquisitions, it becomes readily apparent that the instant petition is bereft of any merit. Hence, the instant petition must be denied," the division said.

It added that Tulfo's civil status is not a material matter for the simple reason that it does not pertain to his qualification for elective office.

"Granting that herein respondent actually misrepresented the name of his legal spouse, this would still not be enough to warrant the cancellation of his COC because such item or detail is not in any way related to any qualification for the position of the senator," the division said.

"Respondent's answer regarding his civil status does not pertain to his residency, age, citizenship, or any other legal qualification. In fact, respondent is not required to have a spouse in order to run for his desired post."

The Second Division also noted that the petitioner had failed to include a copy of Tulfo's COC.

"Because of her omission, we have no way of determining whether the entries as claimed by petitioner to have been made by respondent in his COC really exist," it said.

"For lack of a better way to put it, petitioner's evidence is grossly insufficient considering that the COC it sought to cancel was not even attached to the petition," the division said.

It also pointed out that Pearson had failed to substantiate her claims about Tulfo's period of residence in the Philippines. It said Tulfo only needed to comply with the requirement of living in the Philippines "for not less than two years immediately preceding the day of the election."

Further, the said division stressed that Tulfo has no obligation to disclose the details of his pending cases as the petitioner said the journalist is facing criminal complaints for allegedly violating Republic Act 9262 or the Anti-Violence Against Women and Their Children Act of 2004 as well as Bigamy before the Department of Justice.

Tulfo dominated the Pulse Asia's survey on senatorial aspirants in the 2022 elections that was conducted from January 19 to 24 or before the start of the campaign period for candidates seeking national positions.

Tulfo is running under the slate of presidential aspirant Senator Manny Pacquiao. —KBK, GMA News