Comelec en banc affirms ruling dismissing DQ case vs Tulfos

The Commission on Elections (Comelec) en banc has upheld a decision rejecting a petition for disqualification against five members of the Tulfo family, who sought seats in the Senate and House of Representatives in Eleksyon 2025, for procedural defect.

In a six-paged decision issued Wednesday, the poll body junked the motion for reconsideration (MR) filed by lawyer Virgilio Garcia, who had questioned the ruling of the Comelec First Division in March denying the disqualification petition against ACT-CIS Representative Erwin Tulfo, broadcast journalist Ben Tulfo, ACT-CIS Representative Jocelyn Pua-Tulfo, Quezon City 2nd District Representative Ralph Tulfo, and former Tourism Secretary Wanda Tulfo Teo, the nominee of the Turismo party-list in the recent May 12 polls.

Erwin, Ben and Wanda are siblings, while Jocelyn and Ralph are the wife and son, respectively, of another Tulfo sibling, Raffy, who is an incumbent senator.

Erwin ranked fourth in the Senate race while his brother, Ben, lost. Ralph won his reeelection bid while the Turismo party-list failed to secure seat in the House of Representatives. Jocelyn's party-list got two seats, and she was the second nominee of the group.

Political dynasty?

Garcia earlier said the Tulfo candidacies constituted a political dynasty, which is prohibited under the 1987 Constitution. He likewise questioned their nationality. His petition was dismissed due to his alleged failure to submit all the required documents, including the respondents’ certificates of candidacy (COC).  

“The Motion for Reconsideration is denied…The assailed Order was neither without sufficient basis found in the records, nor contrary to law,” the decision reads.

“Procedural rules are not to be disdained as mere technicalities that may be ignored at will to suit the convenience of a party. They are fundamental to the orderly administration of justice and are particularly vital in election cases, where the prompt and fair resolution of disputes is imperative,” it said.

The en banc added: “In this case, the Petitioner's failure to attach the COCs of the Respondents is a serious procedural defect, not a mere lapse. The COC is the document that formally establishes a candidate's eligibility, the position sought, and the declaration of qualifications. Without it, the Commission is left to speculate on the very information alleged in the Petition, depriving it of a concrete basis for evaluation”.

The Comelec en banc likewise said the allegations of political dynasty against the candidacy of the Tulfo family is “bereft of legal basis” as there is no enabling law against political dynasties. It also said Garcia failed to submit credible or admissible evidence that would support his accusations of the citizenship of the Eleksyon 2025 bets.

“Citizenship is a legal status that is presumed to subsist unless shown otherwise by clear and affirmative proof. The records are devoid of any document or credible evidence establishing that Respondents have acquired foreign citizenship, renounced their Filipino nationality, or otherwise lost their status as natural-born Filipino citizens,” it said.

“Mere assertions regarding their alleged prolonged residence abroad, unsubstantiated by documentary proof, do not suffice to overcome the presumption of citizenship. Well-settled is the rule that mere allegation is not evidence, and he who alleges has the burden of proving his allegation with the requisite quantum of evidence,” it added.

In February, Virgilio Garcia asked the Comelec to disqualify the respondents from the May elections.

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For more Eleksyon 2025 related content and updates, visit GMA News Online's Eleksyon 2025 microsite.