The Commission on Elections (Comelec) en banc has been urged to overturn the decision of the Second Division junking the disqualification petition filed against Erwin Tulfo.
The Commission on Elections en banc has been urged to overturn the decision of the Second Divisionthe disqualification petition filed against Erwin Tulfo, who has been eyeing a congressional seat as nominee of ACT-CIS party-list.
The Comelec Second Division cited Section 4, 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, which in this case was May 26, 2022. He said that the body’s adoption of Tulfo’s argument that the date of the proclamation of the party-list was May 26,2022 was “very wrong and utterly deceptive.”
He supported his argument by stating that the Comelec Second Division resolution contravene Section 13 of the Party-List Law which provides that party-list representatives shall be proclaimed by the Comelec based on the list of names submitted by the respective parties, organizations or coalitions to the Comelec according to their rank in said list.
“Thus, prior to the happening of all the three mentioned events, the poll body still has jurisdiction on the petition for disqualification of a Party List Representative,” Tolentino said.
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