The Commission on Elections (Comelec) First Division has dismissed the second disqualification case filed against leading senatorial candidate ACT-CIS Party-list Rep. Erwin Tulfo.

In the page five-page order dated March 11, the Comelec First Division resolved to dismiss the petition filed by Berteni Cataluña Causing, Graft-Free Philippines Foundation, Inc., Diosdado Villar Calonge that seeks to declare Tulfo disqualified from running as a senator.

According to the First Division, the petitioner failed to comply with the requirement imposed by Comelec Resolution No. 11046, particularly Section 4, Paragraph 7 (ii) wherein it states that both parties "shall" observe a certain number of procedures.

"Upon scrutiny of the submitted Petition and its attachments, it appears that Petitioner failed to submit a Proof of Service of the Petition with complete annexes to the Respondent or an Affidavit of Service, in case the former is not possible," the order read.

"It bears emphasis that the afore-cited provision used the word 'shall'. The term 'shall' is a word of command and one which has always or which must be given a compulsory meaning and it is generally imperative or mandatory. Thus compliance thereto is strictly enjoined. Settled is the rule that failure to comply with a mandatory requirement warrants the dismissal of the Petition," it added.

In this second disqualification case, the petitioners argue that Tulfo is still suffering from the 20-year disqualification case caused by the moral turpitude in four counts of libel. They stated he was convicted of four counts of libel that became final after these were affirmed by the Supreme Court.

They also stated that he is not a Filipino but an American citizen.

They also said in the petition that he violated the "equal access to opportunities to public service" clause as required under Section 26 of Article II of the 1987 Constitution. They argued that Erwin's senatorial bid simultaneously with his brother Benvenido "Ben" Teshiba Tulfo, and the fact that their brother Raffy Teshiba Tulfo is an incumbent senator, constitute, along with the fact that Erwin and Ben are topping the surveys, a violation of Section 26 of Article II ofthe 1987 Constitution.

The petitioners added that Tulfo also violated the political dynasty provision as required under Section 26 of Article ll of the 1987 Constitution.

Lastly, they said that he failed to prove his academic qualification or ability to serve the people of the Philippines with utmost responsibility, integrity, loyalty, and efficiency as required under Section 1 of Article XI ofthe 1987 Constitution.

The first petition against Erwin was filed by lawyer Virgilio Garcia seeks to disqualify him, Ben, ACT-CIS Party-list Rep. Jocelyn Tulfo; Quezon City 2nd District Rep. Ralph Wendel Tulfo; and Turismo party-list first nominee Wanda Tulfo-Teo.