MANILA - The Commission on Election (Comelec) Second Division on Tuesday elevated to the En Banc the disqualification case against Erwin T. Tulfo as nominee for Party-List Representative of Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) Party List.
This, after petitioner Atty. Moises Tolentino, Jr., filed on May 29 a motion for reconsideration over the Second Division’s decision dismissing the petition for lack of jurisdiction.
The Comelec Second Division had said that a petition for disqualification of party list nominees must be filed at any day not later than the date of proclamation but that the Petition for Disqualification against Tulfo was filed nine months after the proclamation of ACT-CIS. Because of this, it said, the Comelec no longer has jurisdiction over the petition for being filed out of time.
Tulfo was the fourth nominee in the list submitted to the Comelec, with the first three nominees assuming office on June 30, 2022.
However, the third nominee, Jeffrey Soriano, resigned from the House of Representatives on February 22, 2023.