CA to bypass Tulfo's appointment as DSWD chief — Zubiri

Social Welfare and Development Secretary Erwin Tulfo would need to be reappointed by President Ferdinand "Bongbong" Marcos Jr. as the Commission on Appointments will bypass his appointment for the second time, Senate President Juan Miguel Zubiri said Monday.

"He will be bypassed this coming month and then he'll have to be reappointed by the President shortly after that," Zubiri said in an interview with reporters.

The CA cannot tackle and hold plenary sessions while the sessions in Congress are adjourned. Sessions in the Senate and the House of Representatives will be adjourned from December 17, 2022 to January 22,2023.

In November, a CA panel deferred the deliberations on the ad interim appointment of Tulfo as they raised the issues on the latter's American citizenship and his conviction on four counts of libel.

Zubiri disclosed that the CA has invited incumbent and retired justices to provide opinion on Tulfo's citizenship and conviction.

"Ang DSWD secretary is a bit more complicated kasi nag-invite po kami ng mga justices to weigh in on the opinion on two things—his citizenship and of course, 'yung issue ng kanyang conviction with finality sa Supreme Court," he said.

On the citizenship issue, Zubiri said Tulfo confirmed that he was using an American passport until 2021.

Tulfo would need to show the CA panel additional documents such as a certification that he is no longer an American citizen, he added.

Meanwhile, Zubiri said Tulfo's conviction is being weighed in as libel is considered a crime involving moral turpitude.

"May implication [ang conviction]. The CA has never confirmed anyone that has a final conviction. Not on my watch na hindi natin pag-aralan nang mabuti," he said.

"Pag-aralan muna natin nang mabuti ang legal implications niyan because it's moral turpitude e. Now, there had been legal precedents by the Supreme Court on moral turpitude on the issue of libel," he added.

Zubiri cited the SC decision on the case of Ty-Delgado versus House of Representatives Electoral Tribunal and Philip Arreza Pichay.

Asked if the issue on moral turpitude can be applied to appointed government officials, Zubiri said the rule is applied whether an individual is elected or appointed.

While he personally likes Tulfo to head the DSWD, Zubiri said they have to follow their constitutional mandate.

"I like Secretary Tulfo. I'll be honest about it.... Gusto ko siya. Masipag siya. Sayang. Nasasayangan ako sa kanya... but we have to perform our constitutional mandate to make sure we vet out the members of the Cabinet that have no legal impediments," he said.

"There are legal impediments and there are legal issues that we still have to resolve... It's not over yet. We still have hearings. Hopefully, we will be able to fix all these legal impediments," he added.

In a phone interview with reporters, Tulfo confirmed that his libel conviction was final but he said his legal team has an explanation if the rule on moral turpitude can be considered in the case that was raised against him before the CA.

"That's correct po. The conviction is final before the Supreme Court pero medyo complicated nga po 'yang kaso na 'yan," he said.

"Yung sinasabi po nila kasing case ko po tungkol sa moral turpitude ay iba naman po kasi dun sa status ko, di po kasi ako elected, appointed po ako. Nevertheless po, ayoko hong i-complicate 'yung kanilang decision, pag-aaral po diyan," he said.

Tulfo likewise said he is ready to present documents from the US Immigration stating the status of his citizenship.

However, he did not confirm nor deny that he was never a US citizen.

"Gusto ko ho sanang ibigay diretso 'yung aming documents from the US Immigration sa CA, pero I will not confirm nor deny 'yung sinasabi mong I've never been [a US citizen], kasi may parang may sinasabi initially ang US immigration na we failed to submit pertinent documents. Thereby, medyo complicated nga 'yung situation sa citizenship ko," he said.

Nevertheless, Tulfo said he is confident that he can answer the two issues that were tackled by the CA panel.

"Tingnan na lamang ho natin. Ayoko ho silang pangunahan. Nasa kamay po ng 24 na miyembro ng Commission on Appointments. But I am confident na may sagot po tayo sa dalawang issues na ni-raise po—'yung sa libel cases po natin at saka dito sa citizenship. We are ready...we are just waiting for another schedule," he said.—AOL, GMA Integrated News