The Commission on Elections Second Division on Thursday denied the petition for disqualification against Erwin Tulfo due to “lack of jurisdiction,” allowing him to assume the position of Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) Partylist representative.

In their resolution, the Second Division argued that the petition filed by Atty. Moises Tolentino “was filed out of time” as it was filed on 1 March 2023, long after the proclamation of ACT-CIS and its three seats in Congress on 26 May last year.

“Nothing in the law and rules grant upon the Commission the jurisdiction to act on the instant petition for disqualification because the same was filed beyond the period prescribed under the rules,” the resolution reads.

“For lack of jurisdiction over this petition, it is futile for us to discuss the other issues raised in the petition,” it added.

The petition aimed to challenge Tulfo’s assumption as ACT-CIS representative over “serious doubts” on his citizenship, with him notably admitting in his appointment hearing for the Department of Social Welfare and Development chief post that he used to be a member of the United States Army.

Another argument in the petition was Tulfo’s conviction for four counts of libel in a 2008 case, “Tulfo v. People of the Philippines”.

Tulfo is supposed to assume one of the three seats vacated by ACT-CIS’s third nominee Jeffrey Soriano who resigned last February.