Comelec Dismisses Disqualification Case Against Senator-elect Erwin Tulfo
The Commission on Elections (Comelec) has dismissed the disqualification case filed against Senator-elect Erwin Tulfo. The decision came after the Comelec Second Division released a 25-page resolution on May 22, ruling that the petition to disqualify Tulfo was improperly combined with multiple grounds in a single pleading. This procedural error led to the petition’s dismissal.
The disqualification case against Tulfo raised several issues, including his conviction for libel, alleged non-Filipino citizenship due to holding a U.S. passport, accusations of belonging to a political dynasty, and claims regarding his academic qualifications. However, the Comelec found these grounds insufficient and outside the scope of disqualifications prescribed by election laws.
Details of the Disqualification Petition and Response
On March 28, a disbarred lawyer together with an organization called Graft-Free Philippines Foundation filed the petition to disqualify Tulfo. They cited four main reasons: his libel conviction involving moral turpitude, questions about his citizenship, allegations of political dynasty involvement, and lack of academic credentials required for a senator.
Tulfo’s camp responded on April 14, stating that he had already fulfilled his penalty for the libel conviction by paying the imposed fines. They also challenged the claim regarding his citizenship, noting the petitioners failed to present solid evidence that he was not a Filipino citizen or that he had renounced his citizenship. Regarding the political dynasty accusation, they emphasized that popularity does not equate to denying others access to public service, and pointed out the absence of an enforceable anti-political dynasty provision in the Constitution. Lastly, they clarified that no academic qualification is required to run for senator.
Legal Grounds for Dismissal
The Comelec pointed out that the petition should have been dismissed immediately due to procedural defects. The respondents argued that the petitioners did not follow proper rules, and the Comelec agreed, stating that the failure to observe essential requirements justified outright dismissal.
Moreover, the commission emphasized that the grounds cited in the petition were not included in Sections 12 and 68 of the Omnibus Elections Code, which govern the disqualification of senatorial candidates. Likewise, these grounds did not fall under Section 40 of the Local Government Code. Thus, the issues raised did not meet the legal criteria necessary to disqualify Tulfo from running for senator.
Conclusion and Final Ruling
The Comelec’s resolution affirmed that Tulfo already served his penalty for the libel case by paying fines, further weakening the disqualification claim. It also highlighted the lack of authentic documentary evidence presented against him. Given these facts and the multiple procedural and substantive deficiencies, the commission dismissed the petition in full.
“In view of multiple grounds already established for the dismissal of the petition, the other matters and issues raised by the parties no longer merit any consideration,” the resolution concluded.
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