Erwin Tulfo during a Commission on Appointments hearing in the Senate. Senate PRIB file photo
MANILA, Philippines — The Commission on Elections (Comelec) on Thursday dismissed the disqualification case against Erwin Tulfo, the same case that caused his suspension of his proclamation as a nominee of the Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) party-list.
The Comelec said in a statement, the decision from the poll body’s second division was based on lack of jurisdiction, as the petition was filed nine months after Tulfo’s party-list group ACT-CIS won the 2022 national and local elections.
“Under Section 4(b), Rule 5 of Comelec Resolution No. 9366, a petition for disqualification of PL nominees must be filed at any day not later than the date of proclamation,” said Comelec.
“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.
It should be noted, however, that the petitioner would still have five days to file motion for reconsideration, meaning the said ruling is still not final and executory.
It can be recalled that a certain Atty. Moises Tolentino Jr. sought Tulfo’s disqualification on allegations pertaining to the “question of citizenship” and “conviction by final judgment of a crime involving moral turpitude.”
All this developed after Jeffrey Soriano resigned as representative of the ACT-CIS party-list at the House of Representatives, prompting the group to nominate his replacement. Among the nominees was Tulfo.
Tulfo previously served as secretary of the Department of Social Welfare and Development, however, the Commission on Appointments never confirmed Tulfo’s appointments to the post amid his libel conviction, as well as questions over his citizenship, among others.
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