Comelec affirms dismissal of DQ case vs. Tulfos

By Ferdinand Patinio, Philippine News Agency

Senator-elect Erwin Tulfo takes his oath of office before Barangay 307 Chair Johnny Dela Cruz in Quiapo, Manila on Friday (May 23, 2025). Tulfo was fourth in the Senate race with 17,118,881 votes. (PNA photo by Avito Dalan)

MANILA – The Commission on Elections (Comelec) has affirmed the dismissal of a petition to disqualify members of the Tulfo family who ran for national and local positions in the May 12 elections.

In a six-page resolution, the Comelec en banc upheld the March 4 decision of the Comelec First Division junking the petition filed by lawyer Virgilio Garcia.

“Finding no positive averment that the Order sought to be reconsidered and set aside contains palpable or patent errors, we find no cogent reason to depart from the assailed Order of the Commission (First Division),” it said.

“Wherefore, the Motion for Reconsideration is denied. The assailed Order dated 04 March 2025 denying the Petition is hereby affirmed.”

The Comelec en banc also noted that the petitioner failed to comply with procedural rules when he did not attach the respondents’ certificates of candidacy (COCs) to his petition, which the poll body said is considered as a “serious procedural defect, not a mere lapse.”

“The absence of the COCs renders the Petition insufficient in form. It is a fatal omission that justifies the outright dismissal of the Petition,” it said.

Named respondents in Garcia’s petition, which was filed in February, were then-senatorial candidates Erwin and Ben Tulfo, party-list nominees Jocelyn Pua-Tulfo (ACT-CIS) and Wanda Tulfo-Teo (Turismo), and reelectionist Quezon City (2nd District) Rep. Ralph Tulfo.

In his petition, Garcia said the Tulfos constituted a political dynasty, which is prohibited under the 1987 Constitution, and are not natural-born Filipinos.

Erwin, Ben, and Wanda are siblings, while Jocelyn and Ralph are the wife and son, respectively, of Senator Raffy Tulfo, another Tulfo sibling.

In its decision, the seven-man Comelec panel said it does not see the need to reverse the decision of the First Division as there is no enabling law that operationalizes the constitutional prohibition on political dynasties.

“Without an enabling law passed by Congress to define what constitutes a political dynasty, the prohibition cannot be enforced. Thus, the invocation of political dynasty as a ground for disqualification is legally untenable,” the Comelec en banc said.