Comelec to decide on plea to disqualify Tulfos in midterm polls | ABS-CBN
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Comelec to decide on plea to disqualify Tulfos in midterm polls
Comelec to decide on plea to disqualify Tulfos in midterm polls
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MANILA (UPDATED) -- The Commission on Elections on Tuesday said it will soon decide on a petition seeking to disqualify Rep. Erwin Tulfo, Rep. Jocelyn Tulfo, Rep. Ralph Wendel Tulfo, Wanda Teo, and Ben Tulfo from running in the 2025 midterm polls.
MANILA (UPDATED) -- The Commission on Elections on Tuesday said it will soon decide on a petition seeking to disqualify Rep. Erwin Tulfo, Rep. Jocelyn Tulfo, Rep. Ralph Wendel Tulfo, Wanda Teo, and Ben Tulfo from running in the 2025 midterm polls.
Comelec Chairman George Garcia said the poll body will raffle off the disqualification petition filed by lawyer Virgilio Garcia to the Comelec's divisions this Tuesday. The poll body's division will decide on the disqualification plea before the May elections.
Comelec Chairman George Garcia said the poll body will raffle off the disqualification petition filed by lawyer Virgilio Garcia to the Comelec's divisions this Tuesday. The poll body's division will decide on the disqualification plea before the May elections.
"Ang commitment natin, 'yung mga pending pa sa amin, lahat ng iyan ay dedesisyunan namin bago mag-eleksyon upang hindi na mangyayari 'yung katulad before na tapos na ang eleksyon…ay nandyan pa ang mga kaso na minsan ay dalawang eleksyon na ang nakalilipas ay hindi pa nareresolve," he said in a TeleRadyo Serbisyo interview.
"Ang commitment natin, 'yung mga pending pa sa amin, lahat ng iyan ay dedesisyunan namin bago mag-eleksyon upang hindi na mangyayari 'yung katulad before na tapos na ang eleksyon…ay nandyan pa ang mga kaso na minsan ay dalawang eleksyon na ang nakalilipas ay hindi pa nareresolve," he said in a TeleRadyo Serbisyo interview.
"Ire-resolve namin lahat bago mag Election para walang agam-agam ang kandidato at walang problema sa pagpili ang mga botante na ihahalal nila. Definitely po gagawan natin paraan tapusin ito. ‘Pag sinabi natin ito timeline, ito timeline nating susundin. Ang commitment natin - lahat ng issue ng DQ ay ire-resolve hopefully until en banc level," Garcia reiterated in a separate interview later in the day.
"Ire-resolve namin lahat bago mag Election para walang agam-agam ang kandidato at walang problema sa pagpili ang mga botante na ihahalal nila. Definitely po gagawan natin paraan tapusin ito. ‘Pag sinabi natin ito timeline, ito timeline nating susundin. Ang commitment natin - lahat ng issue ng DQ ay ire-resolve hopefully until en banc level," Garcia reiterated in a separate interview later in the day.
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The poll chief said the disqualification petition alleged that the Tulfos are part of a political dynasty, which violates Section 26, Article II of the 1987 Constitution. Bills seeking to define and ban political dynasties, however, have languished in Congress.
The poll chief said the disqualification petition alleged that the Tulfos are part of a political dynasty, which violates Section 26, Article II of the 1987 Constitution. Bills seeking to define and ban political dynasties, however, have languished in Congress.
"Nakita ko 'yung petition, talagang naka-focus sa political dynasty. Merong isang paragraph lang na minention na ibang grounds katulad ng citizenship pero halos isang sentence lang. 'Yun ang sentro ng petition laban sa kanila," he said.
"Nakita ko 'yung petition, talagang naka-focus sa political dynasty. Merong isang paragraph lang na minention na ibang grounds katulad ng citizenship pero halos isang sentence lang. 'Yun ang sentro ng petition laban sa kanila," he said.
Garcia declined to give his opinion on political dynasties, saying he will be part of the division that will decide on the disqualification plea.
Garcia declined to give his opinion on political dynasties, saying he will be part of the division that will decide on the disqualification plea.
He noted, however, that petitioners may be testing the constitutional provision on political dynasties so that there will be jurisprudence on the matter.
He noted, however, that petitioners may be testing the constitutional provision on political dynasties so that there will be jurisprudence on the matter.
ONE FAMILY IN THE POLLS
In his petition, Virgilio Garcia said the respondents are part of the same family, the arrangement of which is prohibited under the 1987 Constitution.
In his petition, Virgilio Garcia said the respondents are part of the same family, the arrangement of which is prohibited under the 1987 Constitution.
“They are within the first and second civil degree of consanguinity or of affinity of each other,” the petition read.
“They are within the first and second civil degree of consanguinity or of affinity of each other,” the petition read.
“Respondents are all related to incumbent Senator Rafael Teshiba Tulfo (a.k.a. Raffy Tulfo) within the first or second civil degree of consanguinity or of affinity. Respondents Cong. Erwin, Ben and Wanda Tulfo - Teo are younger siblings of Senator Raffy Tulfo. Respondent Cong. Jocelyn Pua - Tulfo is the wife of Senator Raffy, while respondent Cong. Ralph is their son,” it added.
“Respondents are all related to incumbent Senator Rafael Teshiba Tulfo (a.k.a. Raffy Tulfo) within the first or second civil degree of consanguinity or of affinity. Respondents Cong. Erwin, Ben and Wanda Tulfo - Teo are younger siblings of Senator Raffy Tulfo. Respondent Cong. Jocelyn Pua - Tulfo is the wife of Senator Raffy, while respondent Cong. Ralph is their son,” it added.
“There is already an existing anomalous scandalous father mother son in congress and this family want to add three more making a total of seven of them, all in same Congress. That is clearly a concentration of political power in one family,” Garcia said.
“There is already an existing anomalous scandalous father mother son in congress and this family want to add three more making a total of seven of them, all in same Congress. That is clearly a concentration of political power in one family,” Garcia said.
Rep. Erwin Tulfo is running for senator in the May elections.
Rep. Erwin Tulfo is running for senator in the May elections.
Rep. Jocelyn Tulfo, a reelectionist, is the wife of Sen. Raffy Tulfo.
Rep. Jocelyn Tulfo, a reelectionist, is the wife of Sen. Raffy Tulfo.
Jocelyn and Raffy’s son is Rep. Ralph Tulfo – a reelectionist for Quezon City's 2nd district.
Jocelyn and Raffy’s son is Rep. Ralph Tulfo – a reelectionist for Quezon City's 2nd district.
Tulfo-Teo, on the other hand, is the first nominee of Turismo party-list while Ben Tulfo is running for senator.
Tulfo-Teo, on the other hand, is the first nominee of Turismo party-list while Ben Tulfo is running for senator.
ISSUE ON CITIZENSHIP
Erwin Tulfo, Garcia said, was “prevented from assuming” his post as secretary of the social welfare department due to issues on his citizenship.
Erwin Tulfo, Garcia said, was “prevented from assuming” his post as secretary of the social welfare department due to issues on his citizenship.
“He served in the U.S Army and had a U.S. passport using fictitious name. Surprisingly, intriguingly if you like, despite that disqualification he was allowed to assume as a party list nominee of ACT-CIS,” the petition read.
“He served in the U.S Army and had a U.S. passport using fictitious name. Surprisingly, intriguingly if you like, despite that disqualification he was allowed to assume as a party list nominee of ACT-CIS,” the petition read.
“To prevent a mockery of our sacred election process, respondents, who all claim to be qualified to run for senator or for congressman, because they are natural-born Filipinos must prove before being qualified as a candidate that they are indeed natural-born Filipinos,” he said.
“To prevent a mockery of our sacred election process, respondents, who all claim to be qualified to run for senator or for congressman, because they are natural-born Filipinos must prove before being qualified as a candidate that they are indeed natural-born Filipinos,” he said.
Tulfo earlier this year admitted he was once an undocumented worker in the United States, also known by the colloquial term "TNT" or "tago nang tago."
Tulfo earlier this year admitted he was once an undocumented worker in the United States, also known by the colloquial term "TNT" or "tago nang tago."
He made the admission following allegations on social media that he used fraudulent identity to acquire an American passport.
He made the admission following allegations on social media that he used fraudulent identity to acquire an American passport.
Aside from this though, Garcia said on the petition that the respondents “resided in the United States for quite a long while.”
Aside from this though, Garcia said on the petition that the respondents “resided in the United States for quite a long while.”
“They must show to the satisfaction of the Commission that indeed, they have all the qualifications required by the Constitution and none of the disqualifications by law,” he said in the petition.
“They must show to the satisfaction of the Commission that indeed, they have all the qualifications required by the Constitution and none of the disqualifications by law,” he said in the petition.
“As there can be no presumption of citizenship in favor of respondents, so too can there be a presumption of natural-born status. Any doubt whether respondents are natural-born Filipinos is resolved against them,” he added.
“As there can be no presumption of citizenship in favor of respondents, so too can there be a presumption of natural-born status. Any doubt whether respondents are natural-born Filipinos is resolved against them,” he added.
MOTION FOR RECONSIDERATION
In the interview, Comelec Chairman Garcia said all candidates who are facing disqualification petitions can still run until Comelec division issues a decision. Even then, he said the decision is still subject to a motion for reconsideration and can be elevated all the way to the Supreme Court.
In the interview, Comelec Chairman Garcia said all candidates who are facing disqualification petitions can still run until Comelec division issues a decision. Even then, he said the decision is still subject to a motion for reconsideration and can be elevated all the way to the Supreme Court.
"Hanggat walang desisyon ang Comelec na executory, lahat ng boto ay valid. Sila ay kandidato pa rin," he said.
"Hanggat walang desisyon ang Comelec na executory, lahat ng boto ay valid. Sila ay kandidato pa rin," he said.
"Ang isang kandidato pag may disqualification sa Comelec, patuloy pa rin na kandidato at hindi tatanggalin pangalan sa listahan... Ibig sabihin hanggat wala pang final na decision sa kaso ay mananatili pangalan na ito sa balota at maiboboto," he also said.
"Ang isang kandidato pag may disqualification sa Comelec, patuloy pa rin na kandidato at hindi tatanggalin pangalan sa listahan... Ibig sabihin hanggat wala pang final na decision sa kaso ay mananatili pangalan na ito sa balota at maiboboto," he also said.
"Ang desisyon ng enbanc ay executory, 5 araw pagkatapos itong madesisyunan unless makakuha ng TRO yung natalo sa kaso."
"Ang desisyon ng enbanc ay executory, 5 araw pagkatapos itong madesisyunan unless makakuha ng TRO yung natalo sa kaso."
Garcia said in case a respondent wins the race and consequently proclaimed pending the decision on the disqualification petition, other offices will assume jurisdiction over their cases.
Garcia said in case a respondent wins the race and consequently proclaimed pending the decision on the disqualification petition, other offices will assume jurisdiction over their cases.
“Kung sakaling hindi madesisyunan on-time at mahalal at ma-proclaim at assumption, wala ng jurisdiction ang Comelec. Pag may Proclamation, Oath, at Assumption, ang jurisdiction nasa Senate electoral tribunal at House of Representatives Electoral Tribunal na,” according to Garcia.
“Kung sakaling hindi madesisyunan on-time at mahalal at ma-proclaim at assumption, wala ng jurisdiction ang Comelec. Pag may Proclamation, Oath, at Assumption, ang jurisdiction nasa Senate electoral tribunal at House of Representatives Electoral Tribunal na,” according to Garcia.
Garcia believes, this will be a test case in case it reaches the Supreme Court.
Garcia believes, this will be a test case in case it reaches the Supreme Court.
“Kung sakali ito magiging unang pagsubok dito at napakainit issue ng political dynasty sa kasalukuyan, ito maganda pagkakataon ito tingnan natin ano sasabihin SC later. Sa part ng comelec welcome mga ganitong kaso para at least maliwanagan tayo sa ganitong problematic na issue para later on pagdating ng presidential elections sa 2028, hopefully masettle na ang issue na ito,” Garcia said. -- with Job Manahan and Johnson Manabat, ABS-CBN News
“Kung sakali ito magiging unang pagsubok dito at napakainit issue ng political dynasty sa kasalukuyan, ito maganda pagkakataon ito tingnan natin ano sasabihin SC later. Sa part ng comelec welcome mga ganitong kaso para at least maliwanagan tayo sa ganitong problematic na issue para later on pagdating ng presidential elections sa 2028, hopefully masettle na ang issue na ito,” Garcia said. -- with Job Manahan and Johnson Manabat, ABS-CBN News
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