No basis to disqualify Tulfo ‘dynasty’ without enabling law - Comelec

Metro Manila, Philippines - While dismissing the disqualification case against the Tulfos on technical grounds, the Commission on Elections (Comelec) noted that the allegation of them as a political dynasty lacked legal basis without an enabling law.

In a resolution dated Wednesday, May 28, the Comelec en banc has junked with finality the disqualification case against Senator-elect Erwin Tulfo, ACT-CIS party-list Representative-elect Jocelyn Tulfo, and Quezon City Representative-elect Ralph Tulfo.

Also named in the petition were senatorial candidate Ben Tulfo and their sister, Wanda Tulfo-Teo, both of whom lost in their congressional bids.

The seven-member poll body denied the motion for reconsideration filed by petitioner Virgilio Garcia, who challenged the First Division’s earlier dismissal of the case. The petition was found lacking in documentary requirements - specifically, the failure to attach copies of the certificates of candidacy - rendering it insufficient in form.

“The procedural requirements under Comelec Resolution No. 11046 are not mere formalities; they are substantive safeguards against unverified, speculative, or fishing-expedition-type pleadings,” the commission stated in its ruling.

The Comelec noted that even if the petition had not been dismissed on technical grounds, it was “utterly devoid of merit and warrants outright denial.”

“First, the allegation that Respondents should be disqualified for allegedly constituting a political dynasty is bereft of legal basis, as there is no enabling law that operationalizes the constitutional prohibition,” the ruling stated.

The commission said the constitutional ban on political dynasties requires an enabling law.

The poll body also found that the petitioner failed to present evidence supporting claims that the Tulfos should be disqualified for lacking Filipino citizenship.

“Mere assertions regarding their alleged prolonged residence abroad, unsubstantiated by documentary proof, do not suffice to overcome the presumption of citizenship,” the Comelec said.

Comelec Chairman George Garcia earlier said en banc decisions are final and executory, although petitioners may still challenge them before the Supreme Court.