The Commission on Elections (Comelec) en banc has affirmed the ruling of its First Division to dismiss the petition for disqualification filed against Senator-elect Erwin Tulfo, his brother Ben Tulfo, as well as three of their relatives.

The Commission en banc denied the Motion for Reconsideration (MR) filed by lawyer Virgilio Garcia, which assails the Comelec First Division order dismissing the petition to declare the respondents disqualified as candidates of the May 2025 polls.

His disqualification petition includes ACT-CIS Party-list Rep. Jocelyn Tulfo, Quezon City 2nd District Rep. Ralph Wendel Tulfo, and Turismo party-list first nominee Wanda Tulfo-Teo.

In its ruling, the Comelec en banc said that "the assailed order was neither without sufficient basis found in the records, nor contrary to law."

"In this case, the Petitioner's failure to attach the Certificates of Candidacy (COCs) of the Respondents is a serious procedural defect, not a mere lapse," it added.

It was also explained that without it, the Commission is "left to speculate on the very information alleged in the Petition, depriving it of a concrete basis for evaluation."

In the petition, Garcia said that the respondents belong to the same family and are within the second civil degree of consanguinity or of affinity of each other. He added that they're all related to Senator Raffy Tulfo within the first or second degree of consanguinity or of affinity.

On the other hand, he pointed out that Erwin, Ben, and Wanda are Raffy's younger siblings, while Jocelyn is Raffy's wife, and Ralph is their son.

According to him, the 1987 Constitution prohibits this "anomalous monopolistic concentration of political power in one family, such that Article II, Section 26 provides 'The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.'"

"It is a new provision in the Constitution that is envisioned to bring about reforms in a worsening political situation where the prohibition against political dynasty is a means to an end - to guarantee equal access to opportunities for public service," the petition read.

Another ground he raised is that the respondents lack the qualifications the Constitution requires.

He said the respondents resided in the United States for quite a long while and must show to the satisfaction of the Commission that indeed, they have all the qualifications required by the Constitution and none of the disqualifications by law.

It also stated that the petition does not seek to unseat the incumbent House Representatives but to prevent them from seeking public office in the May 2025 elections.

Garcia prayed that after due process, respondents be declared as constituting a political dynasty by express prohibition under the Constitution and are therefore not qualified as candidates to seek public office in the May 2025 elections as well as be declared disqualified as candidates for not possessing the essential requirement of being a natural-born Filipino citizen under the Constitution.