The Commission on Elections (Comelec) has decided to suspend the proclamation of Erwin Tulfo, the nominee next in line of the ACT-CIS party-list group.
In a statement, the poll body stated that this was after Atty. Moises Tolentino, Jr. filed a disqualification case against Tulfo on allegations pertaining to the "question of citizenship" and "conviction by final judgment of a crime involving moral turpitude".
According to his petition, he claimed that are serious doubts regarding the citizenship of Tulfo. He cited the confirmation hearings conducted by the Commission on Appointments for his appointment as the Secretary of the Department of Social Welfare and Development (DSWD) where the respondent admitted that he used to be a member of the United States (US) Army. To become a member of the US Army, an applicant must be a US citizen or a permanent resident with a valid green card.
"However, there is no record pertaining to how respondent acquired his American citizenship or whether such citizenship was renounced after the end of his service with the US Army. Thus, the absence of record on the acquisition and renunciation of his American citizenship casts a long shadow of doubt as to the present citizenship of respondent," the resolution read.
The petitioner also stated that the respondent is not qualified to be a nominee and/or to hold public office as he has been convicted by final judgment of a crime involving moral turpitude.
He added that there is no evidence that the respondent has already served his sentence or satisfied the award as ruled upon by the Honorable Supreme Court. Lastly, he claimed that the respondent is deemed to have withdrawn his nomination upon his acceptance of the appointment of DSWD Secretary.
"Said Petition, docketed as SPA-23-001 by the Clerk of the Commission, was taken cognizance by the Commission under Sections 1 to 5 of Rule 5 of COMELEC Resolution No. 9366," the poll body said.
"Accordingly, under Section 8 of said Rule 5 of Resolution No. 9366, the proclamation of a nominee may be suspended notwithstanding the fact that the group or organization received the winning number of votes in such elections, if the evidence in the petition for disqualification is strong and such remains unresolved," it added.
Pursuant to the rules, the said case is scheduled to be raffled to a Comelec Division for a hearing on March 6, 2023.
Tulfo is next in life after the resignation of Rep. Jeffrey Soriano of the ACT-CIS party list was accepted by the House of Representatives (HOR) on Feb. 22, 2023.