The Commission on Elections (Comelec) Second Division on Thursday junked the disqualification petition in opposition to Erwin Tulfo, who’s eyeing to turn out to be a nominee of ACT-CIS Partylist within the House of Representatives.
“Wherefore, premises considered, the Petition is DISMISSED for lack of jurisdiction,” learn the decision signed by Comelec Second Division presiding commissioner Marlon Casquejo and Commissioners Rey Bulay and Nelson Celis.
The petition, filed by lawyer Moises Tolentino on March 1, 2023, argued that Tulfo needs to be disqualified because of “serious doubts that hover around” his citizenship and the shortage of proof that he had already served his sentence for his libel conviction, which grew to become remaining and executory in 2008.
Tolentino likewise asserted that Tulfo is “deemed to have withdrawn his nomination” when he accepted his appointment as secretary of the Department of Social Welfare and Development.
In response, Tulfo requested the Comelec division to outright dismiss the petition, saying that the disqualification case “was filed out of time.”
He mentioned the case was solely filed on February 28, 2023, or nearly 9 months after May 26, 2022 or the proclamation date of ACT-CIS as one of many successful partylist teams.
Tulfo cited Section 3 of Rule 25 of Comelec guidelines, which offers that the petition for disqualification of candidates shall be filed on any day after the final day of submitting of certificates of candidacy however not later than the date of proclamation.
The Comelec Second Division gave weight to Tulfo’s argument, citing Section 4(b), Rule 5 of Comelec Resolution 9366, which explicitly requires {that a} petition for disqualification shall be filed at any day not later than the date of proclamation.
“Notably, Petitioner had all the chance to file a disqualification case against Respondent not later than 26 May 2022, considering that the list of nominees is being published by the COMELEC in compliance with [Section] 8, Rule 4 of Resolution No. 9366,” the decision learn.
“Considering the publication of the list of nominees, Petitioner was deemed informed of Respondent’s nomination. To file a petition for disqualification, Petitioner should not have waited for Jeffrey Soriano, to have resigned and for Respondent as fourth nominee, to fill up the vacancy,” it additional learn.
The Comelec Second Division likewise confused that it might defeat the aim of the Comelec guidelines in publishing the listing of nominees and setting a deadline for the submitting of petitions for disqualification if any particular person can merely file such petitions any time.
This state of affairs would result in vacancies’ not being stuffed up on time, the Comelec division mentioned.
Tulfo was the fourth title on the listing of nominees submitted to the Comelec for the 2022 National and Local Elections. The first three nominees, together with Soriano, assumed workplace on June 30, 2022. Soriano’s resignation was then accepted by the House of Representatives.
The Comelec Second Division additionally mentioned that Section 16 of Republic Act 7491 permits Tulfo, as the following nominee in line, to robotically assume the seat vacated by Soriano.
“In this case, nothing in the law and rules grant upon the Commission the jurisdiction to act on the instant petition for disqualification because the same was filed beyond the period prescribed under the rules,” the Comelec Second Division mentioned.
Citizenship
While Tulfo answered the problems on his citizenship and conviction, the Comelec Second Division additionally deemed it “futile” to debate it.
In his response to the petitioner’s declare that there are severe doubts on his citizenship because of his admission in a Commission on Appointments listening to for his appointment as DSWD secretary that he was a member of the United States Army, Tulfo mentioned he “never lost his Philippine citizenship.”
He advised the Comelec Second Division that he served within the US Army when he was “recruited by a certain American citizen” who was a member of the pressure.
Tulfo mentioned that he went to the US in 1985 as a vacationer and labored as a bagger in a grocery store to make ends meet.
He mentioned the US Army “befriended him and thereafter offered” him the chance to hitch the army.
Without realizing the way it was achieved, Tulfo mentioned, his necessities and paperwork for enlistment have been processed by individuals whose identities weren’t disclosed to him. He mentioned he then obtained paperwork stating that he would serve within the US Army bearing the title of Erich Sylvester Tulfo, born on December 30, 1965 which isn’t his actual birthdate.
He was likewise given a US passport bearing the mentioned particulars.
“No oath of allegiance was ever taken by the Respondent in supposedly ‘acquiring’ American Citizenship, because he never applied for naturalization in the US,” his response learn.
Tulfo mentioned he surrendered his US passport to the US Embassy within the Philippines, which then revoked it, as his use of it “triggered an investigation.”
Tulfo mentioned that the US Embassy supplied a letter stating that he was by no means entitled to the US passport as he by no means acquired American citizenship. A replica of this was given to the Comelec Second Division as an annex to his response.
Conviction
On the problem of lack of proof to assist that he had served his sentence within the libel case, Tulfo mentioned he was solely sentenced to pay ethical damages amounting to P1 million snd a positive of P6,000 for every depend of libel, which he already paid in 2011. He likewise supplied the Commission with the copies of Return of the Sheriff dated February 23, 2011 and the copies of the Orders of Regional Trial Court 112 of Pasay City dated May 25, 2011 and October 17, 2022 to assist his assertion.
Further, Tulfo argued that Section 12 of the Omnibus Election Code offers that the disqualification because of a conviction by remaining judgment shall be deemed eliminated after the expiration of a interval of 5 years from the service of his sentence.
Lastly, Tulfo mentioned his acceptance of the DSWD secretary appointment didn’t outcome within the withdrawal of his nomination as ACT-CIS partylist nominee as Section 11 of the Comelec decision 10717 offers {that a} nomination can solely be withdrawn whether it is made in writing and underneath oath, and filed with the Comelec Law Department.
Although Commissioner Casquejo concurred with the junking of the petition “for insufficient evidence and lack of legal basis,” he issued a separate opinion which targeted on the deserves of the petition filed in opposition to Tulfo.
On Tulfo’s citizenship, Casquejo mentioned that the petitioner failed to offer proof to assist his declare and he solely argued the problem primarily based on a “bare narration of facts.”
“There is no evidence to show that [Tulfo] lost his Filipino citizenship, the records as a whole would only point to one conclusion. Under the law on citizenship as provided in the 1935 Constitution, [Tulfo] is for all intents and purposes a natural-born Filipino citizen,” Caquejo mentioned, noting that Tulfo has submitted a letter revealing that the latter was born in Tacloban in 1964 and a replica of his delivery certificates.
On Tulfo’s libel conviction, Casquejo mentioned that the previous had not solely served his sentence by paying the fines imposed by the courtroom and the ethical damages but in addition it was achieved eleven years in the past. Thus, the disqualification imposed in opposition to Tulfo has already been deemed eliminated primarily based on Section 12 of the Omnibus Election Code.
Meanwhile, Casquejo argued that Tulfo’s nomination as ACT-CIS party-list nominee was not deemed withdrawn because of his appointment as DSWD secretary as a result of the latter “was not occupying any congressional seat on the occasion of his ad interim appointment” till it was bypassed by the Commission on Appointments.
“It follows therefrom that, at that time, there was no seat that he could have forfeited,” Casquejo mentioned.
“Accordingly, for the reasons above stated, the undersigned votes to DISMISS the Petition for Disqualification for lack of merit,” he mentioned.
The junked petition is appealable earlier than the Comelec en banc inside 5 calendar days, in line with Comelec Chairman George Garcia.
Should there be no movement for reconsideration filed in opposition to the junking of the petition, Garcia mentioned, the choice can be remaining and executory, which is able to permit the Comelec en banc to take a seat because the National Board of Canvassers and subject a certificates of proclamation to Tulfo.
Last March, the proclamation of Tulfo as nominee next-in-line of ACT-CIS partylist was halted by Comelec as a result of identical petition. — BM, GMA Integrated News
Source: www.gmanetwork.com
