The Commission on Elections (Comelec) dismissed a petition to disqualify brothers and senatorial bets Erwin and Ben Tulfo, and three other relatives eyeing congressional seats, from running in the midterm election in May.
On Tuesday, the poll body said that the petitioner did not include the candidates’ certificates of candidacy (COC), as mandated by Comelec Resolution 11046 for “accurately verifying the claims made in the petition.”
Due to this shortcoming, Comelec rejected the petition, stating it was “insufficient in form.”
“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.
It can be recalled that lawyer Virgilio Garcia submitted the petition against Representative Erwin Tulfo (ACT-CIS Party-list), his brother broadcaster Ben Tulfo, and three other relatives.
These relatives include Rep. Jocelyn Pue-Tulfo (ACT-CIS Party-list), wife of Sen. Raffy Tulfo; Rep. Ralph Tulfo (Quezon City, 2nd District), son of Raffy and Jocelyn; and Wanda Tulfo-Teo, former Tourism secretary and nominee of the Turismo Party-list.
In his petition dated Feb 18, Garcia asserted that the respondents are members of the same family and are related to one another within the second civil degree of consanguinity or affinity.
He further noted that all of them are connected to Senator Raffy Tulfo by either the first or second degree of consanguinity or affinity.
Additionally, he highlighted that Erwin, Ben, and Wanda are the younger siblings of Raffy, while Jocelyn is his spouse, and Ralph is their child.
However, the First Division said the petitioner failed to comply with the requirement imposed by Comelec Resolution No. 11046, particularly Section 4, Paragraph 7.
Under Paragraph 7, it says that the Commission may summarily dismiss a disqualification petition based on a list of grounds, including its insufficiency 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 Comelec added.
Following the petition’s rejection, Alyansa senatorial bet and House Deputy Speaker Erwin Tulfo said “The dismissal of the case due to the petitioner’s failure to comply with the necessary requirements of the Comelec is proof of the integrity of our elections and the importance of following due process.”
“This decision confirms the strong commitment of the Commission to justice and to maintaining the credibility of our democratic institution,” he added.
Editor’s Note: This is an updated article. Originally posted with the headline “Comelec junks petition to disqualify Tulfos.”
