Another disqualification case vs. Erwin Tulfo junked over technicality

Metro Manila, Philippines - Senator-elect Erwin Tulfo scored another legal victory at the Commission on Elections (Comelec) with the dismissal of a third disqualification case against him.

The Comelec Second Division on Thursday, May 22, junked the petition filed by the group Graft-Free Philippines Foundation (GFPF), disbarred lawyer Toto Causing - whom the commission had declared a nuisance candidate - and a certain Diosdado Villar Calonge.

The poll body said the petition failed to meet documentary requirements, making it insufficient in form and meriting outright dismissal.

The division agreed with Tulfo’s argument that the certificate of candidacy submitted by the petitioners lacked an affidavit of authentication. Additionally, there was no certification authorizing Calonge to sign the Verification and Certification of Non-Forum Shopping on behalf of GFPF.

This is not the group’s first attempt to disqualify Tulfo. A similar petition filed earlier was dismissed in March for failing to furnish Tulfo, as the respondent, with a copy of the complaint.

The petitioners argued that Tulfo remains disqualified from holding public office due to a previous libel conviction carrying a 20-year disqualification, alleged citizenship issues, and his being part of a political dynasty, among other claims.

“Nonetheless, we find it necessary to discuss the main issue raised in the petition to write finis to the case,” the Comelec Second Division said in its resolution.

The division ultimately sided with Tulfo, ruling that his disqualification had been lifted following the expiration of the five-year period after the service of his sentence. It further clarified that questions surrounding a candidate’s qualifications - such as citizenship - constitute material misrepresentations in the certificate of candidacy. Therefore, the appropriate legal remedy would be a petition to cancel the COC, not a disqualification case.

Comelec Chairman George Garcia previously noted that while the commission does not want to be overly strict, it cannot consider the merits of a case if basic procedural requirements are not met.

Meanwhile, another disqualification case against Tulfo and other members of his family - centered on allegations of political dynasty - remains pending, after petitioner Virgilio Garcia filed a motion for reconsideration.