Senatorial candidate Raffy Tulfo (PNA file photo)
MANILA – The Commission on Elections (Comelec) has dismissed a petition to cancel the certificate of candidacy (COC) of broadcaster Raffy Tulfo who is running for senator.
In a nine-page decision penned by Second Division presiding Commissioner Socorro Inting, the petition filed by Julieta Licup Pearson, who claimed to be married to the respondent was denied for lack of merit.
“In sum, the Petition does not have any legal leg to stand on. On account of the foregoing disquisitions, it becomes readily apparent that the instant Petition is bereft of any merit. Hence, the instant Petition must be denied. Other matters deserve scant consideration. Wherefore, premises considered, the Petition is hereby denied,” said the decision promulgated on Dec. 16, 2021, but was only made public on Thursday.
The ruling said the petitioner failed to show proof of Tulfo's supposed material misrepresentation on his COC when she did not include the said document in her petition.
Pearson claimed that she is the legal wife of Tulfo and not Jocelyn Pua Tulfo, whom the candidate declared as his spouse in his COC.
“At this juncture, We note with disdain Petitioner's failure to submit a copy of Respondent's COC. Because of her omission, We have no way of determining whether the entries as claimed by Petitioner to have been made by Respondent in his COC really exist. For lack of a better way to put it, Petitioner's evidence is grossly insufficient considering that the COC it sought to cancel was not even attached to the Petition," the decision read.
It added that if there was indeed a misrepresentation on the part of Tulfo on the name of his legal spouse, this is not enough basis to cancel his COC.
"Granting that herein Respondent actually misrepresented the name of his legal spouse, this would still not be enough to warrant the cancellation of his COC because such item or detail is not in any way related to any qualification for the position of Senator,” it added.
As for the period of residency and the pendency of criminal complaints against the respondent as grounds for cancellation of COC, the petitioner failed to substantiate her allegations that Tulfo lied when he said that his period of residence in the Philippines which is 62 years and two months.
“In any case, even if we indulge Petitioner and assume that Respondent's period of residence in the Philippines is actually below 62 years and two months, the same would not have a direct and adverse effect on Respondent's representations in his COC because all that the Respondent needs to comply relative to his residency is that he should be a resident of the Philippines for not less than two years immediately preceding the day of the election,” it added.
The poll body also said the petitioner failed to prove that Tulfo has existing criminal complaints.
"According to Petitioner, Respondent failed to disclose in his COC that he is currently facing criminal cases for Violation of RA (Republic Act) 9262 and Bigamy before the Department of Justice. Petitioner asserted that Respondent failed to indicate the case docket, case title, date filed, and stand thereof. Unfortunately for Petitioner, her reliance to such circumstance appears to be patently misplaced,” he added.
It added that Tulfo has no legal obligation to provide details of pending cases against him.
"There is no evidence on record, much less an allegation, that Respondent has ever been found liable for an offense of such nature as the one described above. Petitioner merely claimed the pendency of criminal cases for Violation of RA 9262 and Bigamy against Respondent. These cases do not carry with them the accessory penalty of perpetual disqualification to hold public office,” it added. (PNA)
