Comelec First Division junks disqualification case vs Tulfos

The Commission on Elections (Comelec) has dismissed a petition to disqualify five members of the Tulfo family, who are running for the Senate and House of Representatives in Eleksyon 2025.

In a six-page decision, the First Division junked the disqualification case filed by Atty. Virgilio Garcia, citing his alleged failure to submit all the required documents, including the respondents’ certificates of candidacy (COC).  

“Upon scrutiny of the submitted petition and its attachments, it appears that the petitioner failed to provide the copies of respondents' COCs, which would have been vital in order to properly verify the necessary information alleged in the Petition,” the decision read.

“Consequently, it cannot also be verified whether the petition was properly served to the respondents,” it added.

According to the poll body, Comelec Resolution No. 11046 mandates full compliance with the documentary requirements and allows the summary dismissal of petitions on several grounds, including insufficient in form.

“Thus, compliance thereto is strictly enjoined. Settled is the rule that failure to comply with a mandatory requirement warrants the dismissal of the petition,” the decision said.

“In view of the foregoing, the Commission (First Division) hereby resolves to dismiss the instant Petition,” it said.

Members of the First Division, including Presiding Commissioner Aimee Ferolino, and Commissioners Ernesto Ferdinand Maceda Jr., and Maria Norina Tangaro-Casingal, signed the decision.

In February, Garcia asked the Comelec to disqualify ACT-CIS Rep. Erwin Tulfo and broadcast journalist Ben Tulfo, who are both running for the Senate; ACT-CIS Rep. Jocelyn Pua-Tulfo and Quezon City Rep. Ralph Tulfo, who are eyeing a return to the House of Representatives; and former Tourism Secretary Wanda Tulfo Teo, the nominee of the Turismo party-list from running in the upcoming May polls, saying they constituted a political dynasty which is prohibited under the 1987 Constitution. 

He likewise questioned their nationality.

Erwin, Ben and Wanda are siblings, while Jocelyn and Ralph are the wife and son, respectively, of another Tulfo sibling, Raffy, who is an incumbent senator.

“Technicality ang naging ground ng dismissal sapagkat yung mga dapat na hinahanap na attachment na kung saan nag-aacquire ng jurisdiction ang Comelec ay hindi na-attach,” elections chief George Erwin Garcia said.

(The petition was dismissed due to technicality because the necessary documents were not attached.)

“Sa lahat ng petition to disqualify at petition to deny due course or cancel candidacy, alam po ng lahat ng abogado, na ang number one attachment ay ang COC ng mga pinapa-disqualify na kandidato,” he said. 

(In all petitions to disqualify and petitions to deny due course or cancel candidacy, all lawyers know that COCs are the first things that are needed.)

Motion for reconsideration

Meanwhile, elections chief George Erwin Garcia said the petitioner may still file a motion for reconsideration (MR) on the case.

“Ang decision ng division ay pwedeng i-subject sa motion for reconsideration. Ang magdedesisyon sa MR ay Comelec en banc,” Garcia told reporters.

(The division ruling may be subjected to MR. The Comelec en banc will decide on that.)

“May posibilidad na pagdating sa en banc, kung hindi pinalad sa division, technicality pa lang nagkaroon na ng dismissal, pagdating sa en banc pwedeng madesisyunan pagdating sa merits,” he said.

(There’s a possibility that the merits of the case may be discussed by the en banc even if it was dismissed by the division.)

Disqualification cases may be lodged against candidates any time from the start of the filing period of COCs until before their proclamation, according to Garcia. — RSJ/RF, GMA Integrated News

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