Comelec junks Erwin Tulfo’s DQ case

The Commission on Elections dismissed the disqualification case of incoming Senator Erwin Tulfo for his previous libel case conviction and his questionable Filipino citizenship, filed by a disbarred lawyer among others before the 12 May midterm elections.

In a 25-page resolution of the Comelec 2nd Division promulgated on 22 May, it stated “Having served his sentence on 17 February 2011, Respondent’s disqualification due to conviction of a crime involving moral turpitude was deemed removed on 16 February 2016, which marked the expiration of the five-year period from his service of sentence.”

Earlier, Tulfo disputed that his libel conviction could no longer be used as grounds to disqualify him “since his disqualification had long been removed after the expiration of 5 years from service of sentence,” starting on 17 February 2011.

In the petition of Bertini Causing of the group Graft Free Philippines, they alleged that Tulfo is disqualified to run for Senator because of his conviction by final judgment rendered by the Supreme Court in the four counts of libel filed against him, anchored on the ground of Section 12 of the Omnibus Election Code

 “Although the Respondent was convicted by the Supreme Court for publishing an article as a columnist against a public officer who used to possess a public office, the same could no longer be used against the Respondent as a ground for disqualification to run for Senator. This is because it is very clear in the second paragraph of Section 12 of the Omnibus Election Code that the disqualification due to a conviction by final judgment shall be deemed removed after the expiration of a period of five years from the service of his sentence,” according to the Comelec 2nd Division.

Further, the 2nd Division’s decision disclosed that an assiduous examination of the Petition, however, shows that the petitioners failed to prove their claims that the Respondent is disqualified to run for Senator in the 2025 National Election on the grounds of: (1) moral turpitude, lack of (2) citizenship and (3) academic requirements, (4) political dynasty and (5) violation of equal access to opportunities to public service, “not only by substantial evidence as provided, above, or at the very least, by prima facie evidence, but also in compliance with the duly establish and applicable jurisprudence which shall be thoroughly discussed hereunder.”

Reacting to this, Tulfo said the Comelec decision only proved that the disqualification petition is baseless.

“Salamat din sa aking mga taga-suporta sa nagdaang halalan. Patuloy po tayong magsisikap para magtrabaho nang tapat sa mga Pilipino bilang Senador,” Tulfo said in a statement.

Tulfo got more than 17 million votes, placing 4^th at the Senate’s Magic 12 race.

Bagong Henerasyon

Meanwhile, the poll body’s 1st Division also junked the disqualification petition against Bagong Henerasyon Party-list and its nominees filed by Russel Stanley Geronimo as he failed to serve a copy of the petition to the respondents through personal service.

In a three-page order dated 22 May, the Comelec First Division said petitioner Russel Stanley Geronimo failed to serve a copy of the petition to the respondents through personal service.

The 3-page resolution of the First Division said Geronimo furnished the respondents copies of the petition via registered mail but did not submit an affidavit stating why personal service was not feasible.

Based on its rules, Petitioner shall, before the filing of the petition, furnish a copy of the petition through personal service to the respondent.

“In case personal service is not feasible, or the respondent refuses to receive the petition, or the respondent's whereabouts cannot be ascertained, the petitioner shall execute an affidavit stating the reasons or circumstances therefore;” it said.

In addition, the Comelec Division said the Petitioner also failed to attach a copy of the Certificate of Nomination-Certificate of Acceptance of Nomination (CON-CAN), which would have been vital to properly verify the necessary information alleged in the Petition such as the name of A the party, organization or coalition, names and respective addresses of the nominees and other information thereto included according to COMELEC Resolution No. 11045.

In an ambush interview on Friday, Comelec chairman George Garcia said that if the Petitioner failed to file a motion for reconsideration five days after they received the decision, then the National Board of Canvassers will declare Bagong Henerasyon as a winner for the Partylist elections.

Bagong Henerasyon garnered 315,516 votes during the 12 May polls, securing a seat in the House of Representatives.