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Rhodina Villanueva - The Philippine Star
May 24, 2025 | 12:00am
MANILA, Philippines — Citing serious procedural lapses, the Commission on Elections (Comelec) has dismissed separate disqualification cases filed against senator-elect Erwin Tulfo and the Bagong Henerasyon (BH) party-list.
In separate rulings, the poll body ruled that both petitions failed to comply with fundamental legal and documentary requirements, prompting outright dismissal without addressing the substantive allegations.
For Tulfo, the Comelec Second Division resolved to dismiss the petition filed by Toto Causing and the Graft-Free Philippines Foundation Inc. (GFPFI), represented by Diosdado Calonge, due to insufficiency in form.
“The petition is dismissed. It is imperative to settle procedural issues raised by the respondent alleging petitioners’ failure to observe certain requirements under the rules, and such failure warrants the outright dismissal of the petition for insufficiency in form,” the ruling stated.
The Comelec noted that petitioners submitted only a downloaded copy of Tulfo’s certificate of candidacy (COC) without the required Affidavit of Authentication, as mandated under Comelec Resolution 11046.
Additionally, they failed to present a Secretary’s Certificate proving Calonge’s authority to represent GFPFI in signing the petition’s Verification and Certification of Non-Forum Shopping.
Another procedural error cited was the improper merging of grounds for disqualification and for the denial of due course to, or cancellation of, a certificate of candidacy in a single pleading.
“In view of the multiple grounds already established for the dismissal of the petition, the other matters and issues raised by the parties no longer merit any consideration,” the Second Division stressed.
The petition alleged that Tulfo should be disqualified from the 2025 senatorial race due to issues on citizenship, academic qualifications and supposed violations of the equal access clause and political dynasty prohibition.
Comelec Chairman George Garcia confirmed that the disqualification case was previously dismissed and later refiled.
Meanwhile, the Comelec First Division also rejected the disqualification bid against the BH Party-List for failure to follow mandatory procedures in serving the petition and submitting essential documentation.
In a three-page order released Friday, the division noted that the petitioner served copies of the petition to the respondents via registered mail without submitting the required affidavit explaining why personal service was not possible, as required under Section 5(5), Rule 5 of Comelec Resolution 9366.
Moreover, the petitioner did not attach a copy of the Certificate of Nomination-Certificate of Acceptance of Nomination, which is essential to validate the party-list information.
“Failure to comply with a mandatory requirement warrants the dismissal of the petition,” the order stated, signed by Presiding Commissioner Aimee Ferolino.
Due to the procedural nature of the dismissal, the commission did not need to assess the substance of the allegations.
“However, there is no order yet for the party-list to be proclaimed as we still have to see if the petitioner would seek for a remedy, given the dismissal of the case against the respondents,” said Garcia.
He explained that once the five-day period lapses without a motion for reconsideration, the decision becomes final and executory, paving the way for the National Board of Canvassers to issue a special proclamation.
“It will not anymore be held in the venue where there was a mass proclamation of winning party-list groups. It could be held at the Comelec session hall,” he added.
Following the dismissal, BH Party-List expressed gratitude to the poll body for upholding due process and electoral integrity.
“This moment is a testament to the strength of our democratic institutions – that they can be questioned and yet remain firm, fair and faithful to the rule of law,” they said.
“To our supporters: this is your victory. To the silent, the striving, the unseen: you were never forgotten. To you, we dedicate this mandate. And to God, we return all the glory. Bagong Henerasyon is ready,” they added. — Jose Rodel Clapano
