The Commission on Elections (Comelec) First Division has dismissed the petition for disqualification case against senatorial candidates ACT-CIS Party-list Rep. Erwin Tulfo and Ben Tulfo, as well as three of their relatives.
In a six-page decision, the First Division resolved to dismiss the petition filed by lawyer Virgilio Garcia, which 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.
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.
Under Paragraph 7, it says that the Commission may summarily dismiss the petition based on a list of grounds. The First Division specifically cited that "the Petition is insufficient in form."
It was also mentioned that the petitioner failed to provide the copies of respondents' Certificates of Candidacy (COCs), which would have been vital in order to properly verify the necessary infomation alleged in the petition.
It added that it cannot also be verified whether the petition was properly served to the respondents.
"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 it is generally imperative or mandatory," the decision read.
"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 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.'"
Another ground he raised is that the respondents lack the qualifications the Constitution requires.
He said the respondents resided in the United States for a 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.