The Commission on Elections on Thursday dismissed a disqualification case against former Social Welfare Secretary Erwin Tulfo as nominee of the ACT-CIS party-list.
In its resolution, the Comelec Second Division said the poll body has no jurisdiction to act on the petition for disqualification.
“Under Section 4(b), Rule 5 of Comelec Resolution No. 9366, a petition for disqualification of party-list nominees must be filed at any day not later than the date of proclamation,” Comelec said.
“But the Petition for Disqualification against Erwin Tulfo was filed nine (9) months after the proclamation of ACT-CIS, or on 1 March 2023. Thus the Comelec no longer has jurisdiction over the petition for being filed out of time,” it added.
Comelec said said the petitioner, Atty. Moises Tolentino Jr., still has five days to file a motion for reconsideration.
Tolentino, in his petition, cited the “question of citizenship” and “conviction by final judgment of a crime involving moral turpitude” against Tulfo.
Both issues were earlier raised against Tulfo, then DSWD chief, by the Commission on Appointments, resulting in his failure to get the CA nod and prodding the President to appoint another Social Welfare chief.