Another disqualification case vs. Erwin Tulfo filed
ACT CIS party-list Representative Erwin Tulfo is facing another disqualification case over multiple grounds including disqualification due to a libel conviction in 2008.
In a 28-paged petition filed Tuesday, Berteni Causing said Tulfo should be disqualified from running for senator after he was convicted of four counts of libel in 2008. This involves moral turpitude, which is a basis for disqualification under Section 12 of the Omnibus Election Code (OEC).
Causing likewise accused Tulfo of violating a provision for equal access to opportunities for public service, and the prohibiting of anti-political dynasty. He also questioned Tulfo’s citizenship, as well as his academic qualifications.
“These four counts of libel must be served successively so the existence of the moral turpitude runs five years for every count and will expire in 20 years for all the four counts from the service or execution of the sentence,” the petition reads.
“Even if Erwin Teshiba Tulfo has paid four fines, the moral turpitude-disqualification for five years of every sentence has been attached to his person for 20 years from payment of the fines because he had four cases/ counts to serve successively,” it added.
According to Causing, the moral turpitude-disqualifcation can “end at the earliest by the year 2028 if he paid the fines in 2008”.
In 2008, the Supreme Court (SC) affirmed the libel conviction of Tulfo in connection with a series of articles he wrote in 1999 regarding an allegedly corrupt Customs official.
US Citizenship
Meanwhile, Causing alleged that Tulfo is not a Filipino citizen as he failed to renounce his US citizenship. He also said he completed the acts needed to be considered a US citizen when he applied for a passport and took an oath as a US Army member.
“Because it is established that Erwin Tulfo is the same person who used the US passport in the name of Erich Sylvester Tulfo and the fact that he has not renounced his American citizenship, he is not a Filipino, at least constructively,” the petition said.
Political dynasty
Further, the petitioner said Tulfo violated the anti-political dynasty and a provision ensuring equal access to opportunities when he ran for senator due to his affiliation with his brother, and incumbent Senator Raffy Tulfo.
“By persisting in filing their certificates of candidacy, banking only on their extreme popularity with the voters, despite their knowledge that they are not schooled on how to do the job of a senator, brothers Erwin and Ben Tulfo effectively removed others from equal access to opportunities for the two positions in the Senate,” the petition added.
Comelec chairperson George Erwin Garcia said the petition will be raffled to one of their divisions on Thursday, February 27.
Tulfo
Tulfo said he has yet to receive a copy of the petition. However, he expressed commitment to file an answer to the case.
“Iginagalang ko po ng kaniyang karapatan magsampa ng reklamo at ipinauubaya ko sa Comelec and paghusga,” he said.
(I respect his decision to file a case and I will let the Comelec decide on it.)
Meanwhile, Garcia said the Comelec First Division is set to issue a disposition to proceed or dismiss the petition regarding the disqualification case filed against Tulfo on Monday, March 3.
“There will be an order to be released by the Division on Monday," said Garcia.
"Either mag-issue ng summons or ma-dismiss outright ang petition kasi may nakitang defects sa petition,” Garcia added.
(They will either issue a summons or outrightly dismiss the petition because they saw defects.)—LDF, GMA Integrated News
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