Comelec En Banc Upholds Dismissal of Disqualification Petition
The Commission on Elections (Comelec) en banc has confirmed the First Division’s decision to dismiss the disqualification petition against Senator-elect Erwin Tulfo, his brother Ben Tulfo, and three other family members. This ruling reinforces the commission’s stance on the case filed ahead of the May 2025 elections.
A Motion for Reconsideration (MR) was filed by lawyer Virgilio Garcia, challenging the dismissal by the Comelec First Division of the petition seeking to disqualify the respondents. However, the Comelec en banc rejected this motion, citing procedural issues and lack of sufficient grounds.
Procedural Defects and Petition Details
One key reason cited for dismissal was the petitioner’s failure to include the Certificates of Candidacy (COCs) of the respondents. The Comelec en banc emphasized that “the assailed order was neither without sufficient basis found in the records, nor contrary to law.” It further explained that the absence of these documents is “a serious procedural defect, not a mere lapse,” leaving the commission without concrete evidence to evaluate the claims.
The petition named several individuals: ACT-CIS Party-list Representative Jocelyn Tulfo, Quezon City 2nd District Representative Ralph Wendel Tulfo, and Turismo party-list first nominee Wanda Tulfo-Teo, all related to Senator Raffy Tulfo within the second civil degree of consanguinity or affinity.
Allegations of Political Dynasty and Qualifications
Garcia argued that the respondents form a political dynasty, which the 1987 Constitution seeks to prohibit under Article II, Section 26. The petition stressed the danger of “anomalous monopolistic concentration of political power in one family,” emphasizing the constitutional guarantee of “equal access to opportunities for public service.”
The relationships presented include Erwin, Ben, and Wanda as younger siblings of Raffy Tulfo, with Jocelyn as Raffy’s wife and Ralph as their son. The petitioner also raised concerns about the respondents’ qualifications, asserting that some had resided in the United States for extended periods and must prove their eligibility to hold public office in the Philippines.
Commission’s Ruling and Final Outcome
The petition did not aim to remove current House Representatives but sought to prevent them from running in the 2025 elections. After careful review, the Comelec en banc found no sufficient basis to declare the respondents disqualified or to label them as part of a prohibited political dynasty.
The commission held that the petition lacked the necessary documents and evidence, which are essential for a valid evaluation. Thus, the disqualification petition was dismissed, allowing the respondents to continue their candidacies.
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