The Commission on Elections (Comelec) has affirmed the choice of certainly one of its divisions to junk the disqualification case in opposition to ACT-CIS party-list Representative Erwin Tulfo.
In a decision, the Comelec en banc denied the movement for reconsideration filed by petitioner Moises Tolentino Jr., saying the enchantment was submitted on May 30, 2023, a day past the prescribed interval.
“Since petitioner’s motion for reconsideration of the resolution of the Second Division was belatedly filed, the said resolution became final and executory by operation of law,” it said.
The poll body also reiterated that it lacked jurisdiction over the disqualification case.
Comelec rules provide that the petition for disqualification of party-list nominees shall be filed on any day not later than the date of proclamation.
Tolentino filed the petition on March 1, 2023, or more than nine months after the ACT-CIS party-list was proclaimed.
On May 30, Tulfo assumed the House seat vacated by Jeffrey Soriano, who resigned in February 2023.
”Since respondent (Tulfo), who is the next representative from the list of nominees of ACT-CIS, automatically filled the vacancy in the reserved seat for the said party-list, all questions on his qualification shall now be addressed before the House of Representatives Electoral Tribunal (HRET),” the Comelec en banc said.
The petition argued that Tulfo should be disqualified due to “severe doubts that hover round” his citizenship and the lack of evidence that he had already served his sentence for his libel conviction, which became final and executory in 2008.
Tolentino also said Tulfo was “deemed to have withdrawn his nomination” when he accepted his appointment as secretary of the Department of Social Welfare and Development.
In response, Tulfo asked the Comelec to dismiss the petition, saying that the disqualification case “was filed out of time.” —VBL, GMA Integrated News
Source: www.gmanetwork.com
