The Commission on Elections (Comelec) has junked the petitions to cancel the certificate of candidacy (COC) of reelectionist Surigao del Sur Rep. Prospero Pichay and senatorial bet Raffy Tulfo.
Acting Comelec chairman Socorro Inting said that a petition filed by Romeo Momo seeking to deny due course or cancel Pichay’s COC for allegedly falsely misrepresenting that he is eligible to run for office was dismissed by the Comelec’s first division.
Pichay can run for office after the poll body’s First Division said “there was no false material representation when Pichay declared that he was eligible to run for office.”
Momo insisted Pichay was found guilty of grave misconduct by the Ombudsman in 2011 and among the penalties imposed is his disqualification to hold any public office.
The petitioner argued that despite his disqualification, Pichay “consciously, deliberately and declared under oath that he is eligible to run for public office.”
“Pending the resolution of his appeal with the Supreme Court, we cannot hold that the perpetual disqualification is effective against Pichay,” a portion of the 11-page resolution read.
“Consequently, there was no false material representation when he declared that he was eligible to run for office,” the Comelec added.
Meanwhile, the Comelec second division junked the petition filed by Tulfo’s ex-wife, Julieta Pearson, saying there was no misrepresentation in Tulfo’s COC when he named Jocelyn Tulfo as his wife.
Pearson filed the petition and claimed to be the legal wife of the broadcaster.
Inting said the second division junked the case because whoever is the spouse of a candidate is not material to whether they can run for office.