Comelec junks disqualification case vs Tulfo brothers, relatives

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MANILA, Philippines (Update, 2:17 p.m.) — The Commission on Elections (Comelec) on Tuesday, March 4, dismissed a petition seeking to disqualify two Tulfo brothers running for the Senate and three other relatives vying for congressional seats.

The poll body said the petitioner failed to attach the candidates' certificates of candidacy (COC), a requirement under Comelec Resolution 11046.

Citing this deficiency, Comelec dismissed the petition on the grounds that it is “insufficient in form.” The decision also stated that the COCs were necessary to “properly verify the information alleged in the petition.”

Comelec Chairperson George Garcia told reporters that the COCs are crucial evidence proving the respondents are candidates in the 2025 midterm elections, making them an essential part of any disqualification petition.

Comelec also noted that it could not verify whether the petition was properly served to the respondents.

"Notice is one way by which the Comelec can acquire jurisdiction over the person. How can we determine if they have received a copy of the petition? How can we require them to respond or issue a summons?" Garcia said in a mix of English and Filipino.

Petitioner's options. However, he clarified that the dismissal is not "permanent," as the petitioner may still opt to seek legal recourse, such as filing a motion for reconsideration. The petition can also be re-filed. 

"The dismissal is not necessarily permanent. It is up to the petitioner to pursue any available legal remedies," Garcia said in Filipino. 

He also urged future petitioners to ensure all necessary allegations and documents are included to prevent dismissal on a technicality and allow the case to be evaluated on its merits.

Challenging Tulfos' candidacy

The petition was filed on February 18 by lawyer Virgilio Garcia against Rep. Erwin Tulfo (ACT-CIS Party-list) and his brother, broadcaster Ben Tulfo, as well as three other family members:

• Rep. Jocelyn Pue-Tulfo (ACT-CIS Party-list), wife of Sen. Raffy Tulfo
• Rep. Ralph Tulfo (Quezon City, 2nd District), son of Raffy and Jocelyn
• Wanda Tulfo-Teo, former Tourism secretary and nominee of the Turismo Party-list

Garcia argued in his petition that the Tulfo family constitutes a political dynasty, which the 1987 Constitution prohibits. He also cited the lack of qualifications, particularly the controversy surrounding Erwin’s American citizenship.

In a statement, Erwin said the dismissal upholds the integrity of the elections. He also expressed confidence that Comelec is acting fairly and maintaining its credibility. 

RELATED: Erwin Tulfo admits being undocumented worker in US

Although the petition was dismissed, Erwin still faces a second disqualification case which was filed on February 25 by Berteni Cataluña Causing and the Graft-Free Philippine Foundation Inc.

Beyond allegations of political dynasty and citizenship issues, the second petition also argues that Erwin Tulfo should be barred from running for public office due to his libel conviction in 2008.

When reporters asked about their family forming a political dynasty, Erwin and Ben defended themselves, saying that no law has been enacted to define dynasties as required by the Constitution.

They, however, have expressed their support for an anti-political dynasty law. 

Despite their support, no bill defining and prohibiting political dynasties has advanced beyond committee approval or second reading in Congress.

Both Tulfo brothers have ranked in the top 12 of senatorial preference surveys. If elected, they would join their brother, Raffy, bringing the number of Tulfos in the Senate to three in the 20th Congress.