The Commission on Elections (Comelec) stood by its decision to dismiss the disqualification case filed against Rep. Erwin Tulfo of the Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) party-list group.
In its decision, the Comelec en banc said it found no compelling reason to reverse or modify the resolution.
The Comelec explained that it was too late when lawyer Moises Tolentino Jr. filed a motion for reconsideration (MR). — on May 29, instead of May 25 to 28, or three days after receiving the decision.
According to the commission, since the Petitioner’s Motion for Reconsideration of the Resolution of the Second Division was filed late, the said Resolution became final and executory by operation of law.
The Comelec also reiterated its lack of jurisdiction, as the Petition for Disqualification was also filed late or nine months after the proclamation of the Anti-Crime and Terrorism Community Involvement and Support party-list group.
Referring to Section 4(b), Rule 5 of COMELEC Resolution No. 9366, the poll body explained that the Petition for Disqualification must be filed on any day not later than the date of the proclamation.
If you remember, Tulfo sat in said position on May 30.
He previously served as secretary of the Department of Social Welfare and Development but the Commission on Appointments did not confirm his appointment to the post due to his libel conviction and questions about his citizenship.
