Petitioner files motion to reverse Comelec's dismissal on Erwin Tulfo's disqualification case

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Metro Manila (CNN Philippines, May 29) — The petitioner in the disqualification case against Erwin Tulfo as nominee of the Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) Party-list has filed a motion for reconsideration asking the Comelec to reverse its decision to dismiss the case.

The motion filed by Moises Tolentino Jr. says there was "ample evidence" supporting the petition against Tulfo.

"It would be a grave abuse of discretion for the Honorable Commission to abdicate its constitutionally-mandated duty to enforce the law on a dubious excuse that it lacks the jurisdiction and competence so to do taking into consideration the totality of the circumstances obtaining in this case," said the motion.

Tolentino filed the disqualification in February over questions on Tulfo's citizenship and "conviction by final judgment of a crime involving moral turpitude" -- the same concerns cited in the motion for reconsideration.

Tolentino said Tulfo has not regained his status as a Filipino citizen, and stresses "payment of fines in lieu of service of prison terms, does not in any way remove the character of the offense for which the respondent was convicted, libel being a crime involving moral turpitude."

Tolentino further adds, "The ruling that the Commission has no jurisdiction over this case is patently and contrary to law and jurisprudence."

On May 25, the Comelec Second Division dismissed the case against the former Social Welfare Secretary, and in a separate interview on CNN Philippines, Comelec spokesperson Rex Laudiangco said Tulfo could assume his post as nominee anytime pending the submission of a petition against the poll body’s resolution on his disqualification case.

Tulfo has not given a comment on the motion of reconsideration filed by Tolentino.

CNN Philippines' Paige Javier and Pia Garcia contributed to this story.