Metro Manila (CNN Philippines, July 12) — The Commission on Elections (Comelec) en banc on Wednesday affirmed earlier decision of the poll body’s Second Division to dismiss the disqualification case against Erwin Tulfo as nominee for the ACT-CIS Party-list.
In its resolution, the en banc said it found \”no compelling reason to reverse or to modify the assailed resolution\” which was promulgated in May.
It also noted that at the outset, petitioner Atty. Moises Tolentino Jr.’s motion for reconsideration was filed beyond the prescribed period.
\”While it is true that application of technical rules of procedure may be relaxed to better serve the ends of substantial justice, there is nothing in this case that would justify the non-compliance of the Petitioner with the rules,\” the decision read.
The Second Division junked the disqualification case against Tulfo, saying it lacks jurisdiction to act on the petition.
The en banc reiterated this – explaining that since Tulfo automatically filled the vacancy created by another nominee’s resignation, all questions on his qualification should be addressed before the House of Representatives Electoral Tribunal.
READ: Tulfo takes oath as ACT-CIS nominee
