MANILA (UPDATED) — The Commission on Elections on Tuesday dismissed the poll disqualification case against Senate candidates Ben and Erwin Tulfo, and other members of their clan.

The Comelec First Division said the petition was insufficient in form.

It said the petitioner failed to provide copies of the respondents' certificates of candidacy, "which would have been vital in order to properly verify the necessary information alleged in the petition."

"Consequently, it cannot also be verified whether the petition was properly served to the respondents," the Comelec said in its three-page order.

Petitioner Virgilio Garcia had argued that the respondents were covered by the 1987 Constitution's ban on political dynasties.

"There is already an existing anomalous scandalous father mother son in congress and this family wants to add three more making a total of seven of them, all in the same Congress. That is clearly a concentration of political power in one family," Garcia said.

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The respondents included Rep. Jocelyn Tulfo, Rep. Ralph Tulfo, and former Tourism Secretary Wanda Tulfo-Teo. 

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 second district.

Tulfo-Teo, on the other hand, is the first nominee of the Turismo party-list.

"Talagang technicality yung naging ground nung dismissal, sapagkat yung mga hinahanap na attachment ay hindi nai-attached," said chairman George Garcia.

Garcia said the petitioner can still file a Motion for Reconsideration or he may opt to file a new petition against the Tulfos. 

"It is possible that if it reaches the Comelec en banc, it can be decided based on the merits. Disqualification cases can be filed before the proclamation of the winning candidate," Garcia said.

Legal experts have said lack of an enabling law makes the provision against political dynasties unenforceable. 

Rep. Erwin Tulfo said the dismissal of the petition was proof of the integrity of the elections and the importance of due process.

"Buong tiwala akong naninindigan sa kalayaan at pagiging patas ng Comelec. Ang desisyong ito ay nagpapatunay sa matibay na paninindigan ng Komisyon sa katarungan at sa pagpapanatili ng kredibilidad ng ating demokratikong institusyon," he said in a statement. 

A separate disqualification petition against Erwin Tulfo is still pending before the Comelec 1st Division. 

Garcia said the disposition of the division on the second petition may be out next week.

-- with a report from Johnson Manabat, ABS-CBN News

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