Comelec: Erwin Tulfo can assume ACT-CIS post anytime

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Metro Manila (CNN Philippines, May 26) — The Commission on Elections (Comelec) said ex-Social Welfare Secretary Erwin Tulfo can assume his post as nominee of the Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) Party-list anytime pending the submission of a petition against the poll body’s resolution on his disqualification case.

“There is no more issue as to Erwin Tulfo sitting as the third nominee, ascending to that post… At any time, Mr. Tulfo can, in fact, ascend to the post, take his assumption of oath of office, and assume that post,” Comelec spokesperson Rex Laudiangco told CNN Philippines’ The Source on Friday.

On May 25, the Comelec Second Division junked the disqualification case against Tulfo, citing lack of jurisdiction on the petition. 

Comelec Chairman George Garcia said the House of Representatives Electoral Tribunal has jurisdiction over the disqualification case since Tulfo already assumed office in Congress when it was filed.

“It was filed sometime in March 2023 when in fact the ACT-CIS was proclaimed on May 26, 2022 and according to our rules, said petitions for disqualification can only be filed until the day of the proclamation of the party-list,” Laudiangco pointed out.

The poll body gave petitioner Atty. Moises Tolentino Jr. five days from May 25 to file his motion for reconsideration, which will be elevated to the en banc for deliberation.

If Tolentino fails to file this, the decision will be final and executory, unless restrained by the Supreme Court, Laudiangco said.