Comelec en banc junks motion for reconsideration to disqualify Tulfos | ABS-CBN
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Comelec en banc junks motion for reconsideration to disqualify Tulfos
Comelec en banc junks motion for reconsideration to disqualify Tulfos
ACT-CIS Partylist Rep. Erwin Tulfo arrives to file his Certificate of Candidacy for senator on the 6th day of filing for the 2025 midterm elections in Manila on October 6, 2024. Mark Demayo, ABS-CBN News/File
ACT-CIS Partylist Rep. Erwin Tulfo arrives to file his Certificate of Candidacy for senator on the 6th day of filing for the 2025 midterm elections in Manila on October 6, 2024. Mark Demayo, ABS-CBN News/FileMANILA -- The Commission on Elections (Comelec) en banc has dismissed the motion for reconsideration of petitioner Virgilio Garcia filed in February seeking to disqualify from the 2025 midterm polls senator-elect Erwin Tulfo, losing senatorial bet Ben Tulfo and three other members of their clan.
MANILA -- The Commission on Elections (Comelec) en banc has dismissed the motion for reconsideration of petitioner Virgilio Garcia filed in February seeking to disqualify from the 2025 midterm polls senator-elect Erwin Tulfo, losing senatorial bet Ben Tulfo and three other members of their clan.
In a six-page resolution of the commission en banc signed by all of its members and released to media on Wednesday, it affirmed the March 4 decision of the First Division dismissing the petition of Garcia.
In a six-page resolution of the commission en banc signed by all of its members and released to media on Wednesday, it affirmed the March 4 decision of the First Division dismissing the petition of Garcia.
"Finding no positive averment that the Order sought to be reconsidered and set aside, contains palpable or patent errors, we find no cogent reason to depart from the assailed Order of the Commission (First Division)," according to Comelec en banc.
"Finding no positive averment that the Order sought to be reconsidered and set aside, contains palpable or patent errors, we find no cogent reason to depart from the assailed Order of the Commission (First Division)," according to Comelec en banc.
"Wherefore, the Motion for Reconsideration is denied. The assailed Order dated 04 March 2025 denying the Petition is hereby affirmed," it said
"Wherefore, the Motion for Reconsideration is denied. The assailed Order dated 04 March 2025 denying the Petition is hereby affirmed," it said
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The commission en banc gave weight to the decision of the 1st Division when it dismissed the petition due to the failure of the petitioner to comply with the procedural rules of the poll body.
The commission en banc gave weight to the decision of the 1st Division when it dismissed the petition due to the failure of the petitioner to comply with the procedural rules of the poll body.
“The procedural requirements under Comelec Resolution No. 11046 are not mere formalities; they are substantive safeguards against unverified, speculative, or fishing-expedition-type pleadings,” said the Comelec.
“The procedural requirements under Comelec Resolution No. 11046 are not mere formalities; they are substantive safeguards against unverified, speculative, or fishing-expedition-type pleadings,” said the Comelec.
The petitioner failed to attach the Certificates of Candidacy (COCs) of the respondents, which according to the poll body is a “serious procedural defect, not a mere lapse,”.
The petitioner failed to attach the Certificates of Candidacy (COCs) of the respondents, which according to the poll body is a “serious procedural defect, not a mere lapse,”.
"The absence of the COCs renders the Petition insufficient in form. It is a fatal omission that justifies the outright dismissal of the Petition," said the Comelec.
"The absence of the COCs renders the Petition insufficient in form. It is a fatal omission that justifies the outright dismissal of the Petition," said the Comelec.
The petitioner believes the respondents are clearly members of a political dynasty.
The petitioner believes the respondents are clearly members of a political dynasty.
Aside from Erwin and Ben, other respondents in this case include: ACT-CIS Rep. Jocelyn Pua-Tulfo, Quezon City 2nd District Rep. Ralph Wendel Tulfo and Turismo party-list nominee and former Tourism secretary Wanda Tulfo-Teo.
Aside from Erwin and Ben, other respondents in this case include: ACT-CIS Rep. Jocelyn Pua-Tulfo, Quezon City 2nd District Rep. Ralph Wendel Tulfo and Turismo party-list nominee and former Tourism secretary Wanda Tulfo-Teo.
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