MANILA, Philippines – The Commission on Elections (Comelec) First Division dismissed the disqualification case filed against ACT-CIS Representative Erwin Tulfo, who is running for senator in the midterm elections.
Comelec Chairman George Garcia gave the media a copy of the decision on Thursday, March 13, two days after the First Division composed of presiding Commissioner Aimee Ferolino, and commissioners Ernesto Maceda Jr. and Marina Norina Tangaro-Casingal, signed the decision on Tuesday, March 11.
The First Division ruled that the petitioner, disbarred lawyer Berteni Causing and Graft-Free Philippines Foundation Incorporated, failed to submit proof of service with complete annexes to the respondent.
“It cannot be ascertained whether the respondent received a copy of the petition with complete annexes,” the division wrote.
Causing filed the petition on February 25, urging the Comelec to disqualify Tulfo due to his libel convictions, and issues in his American citizenship.
It is similar to an earlier petition filed by lawyer Virgilio Garcia, who sued more members of the Tulfo clan apart from Erwin for being part of an alleged political dynasty, as prohibited by the Constitution. The petitioner also cited Erwin Tulfo’s citizenship issues.
The First Division also dismissed this petition from Garcia on March 4, similarly saying there was no proof of service, and that Garcia did not attach copies of the Tulfo clan members’ certificates of candidacy (COCs).
Garcia filed a Motion for Reconsideration on March 7, saying that the Comelec already had the original copies of the respondents’ COCs. He also attached proof of service.
Erwin Tulfo has been among the top preferred senatorial candidates in recent surveys, together with his brother, broadcaster Ben Tulfo. If both win, they will join their brother Senator Raffy Tulfo in the upper chamber. – Rappler.com