Comelec affirms dismissal of DQ case vs Erwin Tulfo
Erwin Tulfo in a file photo during a Commission on Appointments hearing. (File photo from the Senate Public Relations and Information Bureau)
MANILA, Philippines —The Commission on Elections (Comelec) on Wednesday affirmed its decision to dismiss the disqualification case filed against Rep. Erwin Tulfo of the Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) party-list group.
In its decision, the Comelec en banc says it “finds no compelling reason to reverse or to modify the assailed Resolution.”
To start with, Comelec explained that lawyer Moises Tolentino Jr. filed the motion for reconsideration (MR) late — last May 29, instead of May 25 to 28, or three days upon receipt of the decision.
“Since Petitioner’s Motion for Reconsideration of the Resolution of the Second Division was belatedly filed, the said Resolution became final and executory by operation of law,” the Comelec said.
Comelec also reiterated its lack of jurisdiction, as the Petition for Disqualification was also filed late — March 1, or nine months after the proclamation of ACT-CIS.
Citing Section 4(b), Rule 5 of COMELEC Resolution No. 9366, the poll body explained that a Petition for Disqualification must be filed on any day not later than the date of proclamation.
“Since Tulfo was the fourth nominee in the list of nominees duly submitted to the Comelec, he automatically filled the vacancy by operation of law, pursuant to Section 16 of Republic Act No. 7491,” Comelec said.
“Thus all questions pertaining to his qualification must now be properly addressed before the House of Representatives Electoral Tribunal.”
Tolentino sought Tulfo’s disqualification on the basis of a “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 at the House of Representatives on Feb. 22, prompting the group to nominate his replacement. Tulfo was among the nominees.
Tulfo assumed the position on May 30.
He previously served as secretary of the Department of Social Welfare and Development. But the Commission on Appointments never confirmed his appointment to the post because of his libel conviction and questions about his citizenship, among others.
