Manila, Philippines — The Commission on Elections dismissed anew the refiled disqualification case against Senator-elect Erwin Tulfo.
Based on the May 22 decision of the Comelec Second Division, it has outrightly dismissed the arguments presented by lawyer Berteni “Toto” Causing and Graft Free Philippines Foundation for their appeal to disqualify Tulfo from the midterm elections.
The grounds of the refiled petition, Tulfo’s libel conviction in 2011 and his issue of US citizenship.
The Comelec Second Division noted that the 5 year service sentence on Tulfo’s libel conviction has already expired and cannot be used as a ground for disqualification.
“Having served his sentence on 17 February 2011, Respondent’s disqualification due to conviction of a crime involving moral turpitude was deemed removed on 16 February 2016, which marked the expiration of the five-year period from his service of sentence,” COMELEC decision stated.
In the allegation regarding his US citizenship, COMELEC said that instead of a disqualification case, the petition should rather be a cancellation of Tulfo’s Certificate of Candidacy.
Comelec said that as the petitioners failed to meet the documentary requirements, the petition is insufficient in form leading to its dismissal.
“Questions on a senatorial candidate’s qualifications or eligibility, including citizenship, pertain to material misrepresentations in the certificate of candidacy, should instead be raised through a petition to deny due course to or cancel the certificate of candidacy pursuant to Section 78 in relation to Section 74 of the OEC,” COMELEC Second Division said.
“As such, the instant petition for disqualification is not the proper remedy to address these matters,” it added
Tulfo expressed gratitude to COMELEC for its swift decision on the matter.
Meanwhile, another disqualification case against Tulfo and some of his kin remains pending over the alleged political dynasty of the family.
On the other hand, Tulfo took his oath of office this Friday in a Barangay in Quiapo, Manila.
His term as a Senator will start on June 30th.