Comelec to decide Tulfo DQ case in 15-20 days

The Commission on Elections will make its decision in 15 to 20 days on the petition to disqualify five members of the Tulfo family from running in the 2025 midterm elections, the Comelec announced on Tuesday.

The petition, filed on Monday, seeks to bar Representatives Erwin Tulfo, Jocelyn Tulfo and Ralph Wendel Tulfo, as well as Wanda Tulfo-Teo and Ben Tulfo, from running in the May 2025 polls.

“Hopefully, we can release a decision within 15 to 20 days after the respondents submit their answers and the Comelec division issues its ruling,” Comelec chairperson George Garcia told reporters.

Garcia said the case, filed by lawyer Virgilio Garcia, argues that the respondents should be disqualified on the grounds that they constitute a political dynasty.

Petitioner Garcia noted that all five respondents were related to incumbent Senator Raffy Tulfo “within the first or second civil degree of consanguinity or affinity.”

Erwin, Ben and Wanda are Raffy’s siblings, while Jocelyn is his wife and Ralph is his son.

The petitioner cited the Constitution’s express prohibition on political dynasties.

In a Viber message to DAILY TRIBUNE, Comelec chief Garcia said the case was raffled off on Tuesday to the First Division composed of Commissioners Aimee Ferolino, Ernesto Maceda Jr. and Ma. Norina Tangaro-Casingal.

Garcia clarified that the respondents’ names will remain on the ballot until a final decision is made.

“This means that if there is no final ruling on the disqualification case, their names will stay on the ballots,” he said.

“And if the case is not resolved in time, and they are elected or proclaimed, there is nothing we can do but dismiss the case,” he explained.

Welcome cases

Should the respondents win election, the jurisdiction over the case would transfer to the Senate Electoral Tribunal for senators and the House of Representatives Electoral Tribunal for representatives.

Garcia said the Comelec welcomes “these kinds of cases” ahead of the midterm elections.

“Hopefully, these cases will help clarify similar issues before the presidential and vice presidential elections. We hope these matters will be resolved swiftly,” he added.

“It would also serve as a wake-up call for other government agencies to better address these constitutional concerns,” he said.

Basis for case ‘correct’

Meanwhile, Rep. Erwin Tulfo, who is the House Deputy Majority Leader as the ACT-CIS Partylist Representative, said he has yet to receive a copy of the complaint but he has heard about it from his barber, Joey Mangalang.

Tulfo said the basis for the disqualification case filed against them is correct: Article II, Section 26 of 1987 Constitution which states that “the government will guarantee equal access to public service and prohibit political dynasties.”

“What Tatang said was correct,” Tulfo said, referring to petitioner Garcia, adding though that it was incomplete as the Constitution says that the prohibition against political dynasties “may be defined by law.”

Legal experts have maintained that the constitutional prohibition against political dynasties, to this day, has no enabling law and as such is not enforceable.