The Commission on Elections (Comelec) Second Division on Thursday junked the disqualification petition against Erwin Tulfo, who is eyeing to become a nominee of ACT-CIS Partylist in the House of Representatives.
“Wherefore, premises considered, the Petition is DISMISSED for lack of jurisdiction,” read the resolution signed by Comelec Second Division presiding commissioner Marlon Casquejo and Commissioners Rey Bulay and Nelson Celis.
He said the case was only filed on February 28, 2023, or almost nine months after May 26, 2022 or the proclamation date of ACT-CIS as one of the winning partylist groups. “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 further read.
In his response to the petitioner’s claim that there are serious doubts on his citizenship due to his admission in a Commission on Appointments hearing for his appointment as DSWD secretary that he used to be a member of the United States Army, Tulfo said he “never lost his Philippine citizenship.” Without knowing how it was done, Tulfo said, his requirements and documents for enlistment were processed by people whose identities were not disclosed to him. He said he then received documents stating that he would serve in the US Army bearing the name of Erich Sylvester Tulfo, born on December 30, 1965 which is not his real birthdate.
Lastly, Tulfo said his acceptance of the DSWD secretary appointment did not result in the withdrawal of his nomination as ACT-CIS partylist nominee as Section 11 of the Comelec resolution 10717 provides that a nomination can only be withdrawn if it is made in writing and under oath, and filed with the Comelec Law Department.
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