2nd disqualification case vs Erwin Tulfo junked

The Commission on Elections First Division has dismissed the second disqualification case against ACT CIS party-list Representative Erwin Tulfo, who is running for senator in Eleksyon 2025. 

According to the poll body division, petitioner Berteni Causing failed to comply with all the mandatory requirements, including proof of service of the petition with complete annexes to the respondent.

“Upon scrutiny of the submitted petition and its attachments, it appears that petitioner failed to submit a proof of service of the petition with complete annexes to the respondent or an affidavit of service, in case the former is not possible,” the ruling issued Thursday read.

“Hence, it cannot be ascertained whether the respondent received a copy of the petition with complete annexes,” it said. 

The Comelec First Division earlier rejected a disqualification case against five members of the Tulfo family, who are running for the Senate and House of Representatives in Eleksyon 2025, also for procedural defect.

“It bears emphasis that the aforecited provision used the word ‘shall.’ The term ‘shall’ is a word of command and one which has always or which must be given a compulsory meaning and it is generally imperative or mandatory. 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 division said in its decision. 

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

Procedural defect

Comelec chairperson George Erwin Garcia, for his part, reminded petitioners to comply with all the mandatory requirements and copy furnish respondents with the petition.

“Katulad nang nauna, hindi nag-copy furnish sa respondent. ‘Yan ay isang blunder. ‘Yan ay isang malaking pagkakamali dahil requirement sapagkat mandatory ang requirement na dapat lagi ang respondent ay kino-copy furnish para alam niya ano ang dinedemenda sa kaniya,” Garcia said.

(The petitioner likewise failed to furnish the respondent with the petition. That is a blunder because copy  furnishing is a mandatory requirement.)

“Failure to copy furnish is a ground to dismiss the petition,” he added. 

Tulfo

Tulfo said the Comelec ruling was a “testament to the poll body’s commitment for an honest, fair, and integrity-driven implementation of the election laws”.

“Lubos po ang aking pasasalamat, una sa Poong Maykapal sa Kanyang patuloy na paggabay sa akin sa mga pagsubok na ito. Salamat din po sa aming legal team, sa pangunguna ni Atty. Karen Jimeno, sa kanilang walang kapagurang pag-asikaso na maitawid ang aking laban sa mga balakid na dinaraanan,” said Tulfo. “Higit sa lahat ay ang aking pasasalamat sa patuloy na tiwala at suporta ng ating mga kababayan”.

(I am thankful to the Lord for his continuous guidance, to my legal team for their help, and to the public for their continuous support.)

“Ang desisyong ito ng Comelec ay muling nagpapatunay ng mariin nitong pagbabantay para sa isang tapat, patas at may integridad na pagpapatupad ng mga batas hinggil sa halalan,” he added.

(The Comelec ruling is a testament to the poll body’s commitment to an honest, fair, and integrity-driven implementation of the election laws.)

In February, Causing filed a petition seeking to disqualify Tulfo from the 2025 senatorial race citing his conviction for four counts of libel in 2008. This involves moral turpitude, which is a basis for disqualification under Section 12 of the Omnibus Election Code.

Causing also accused Tulfo of violating a provision for equal access to opportunities for public service, and the prohibition of anti-political dynasties. He also questioned Tulfo’s citizenship, as well as his academic qualifications. 

In 2008, the Supreme Court (SC) affirmed the libel conviction of Tulfo in connection with a series of articles he wrote in 1999 regarding an allegedly corrupt Customs official. —AOL/VBL, GMA Integrated News

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