A lawyer named Virgilio R. Garcia on Friday, February 14, filed a petition with the Commission on Elections (Comelec) seeking to disqualify the popular Tulfo clan from seeking positions in the 2025 elections.
The petition seeks the disqualification of top senatorial candidates ACT-CIS Representative Erwin Tulfo and his brother broadcaster Ben Tulfo, along with three other members of the clan: ACT-CIS Representative Jocelyn Tulfo, Quezon City 2nd District Representative Ralph Wendel Tulfo, and Turismo first nominee Wanda Tulfo-Teo. The Comelec announced the filing on Monday, February 17.
The petitioner Garcia is currently running against Ralph Tulfo for the Quezon City post. He is also a retired brigadier general from the Armed Forces of the Philippines’ Judge Advocate General Service.
“Prohibiting a concentration of political power in one family is a means to an end — to guarantee equal access to opportunities for public service,” Garcia told Rappler on Tuesday, February 18.
According to the petitioner, the running members of the Tulfo clan should not be allowed to run because the Constitution prohibits political dynasties. Here’s a rundown on the petition’s arguments, which, upon decision, could spell out wide implications on this year’s race and future elections.
Who are the respondents?
Erwin and Ben Tulfo are gunning for two of the 12 Senate seats up for grabs this election. In a January Pulse Asia survey, Erwin was the top preferred senatorial candidate, while Ben ranked 3-8.
If both of them get in, they will join their brother, Senator Raffy Tulfo, whose term will end in 2028 yet.
Senator Raffy’s wife Jocelyn and and son Ralph Tulfo are seeking reelection for their congressional posts as ACT-CIS representative, and Quezon City 2nd District representative, respectively.
Wanda Tulfo-Teo, who is the sister of Erwin, Ben, and Raffy, is seeking a position as the first nominee of the Turismo party-list group.
What are grounds for disqualification?
Rule against political dynasties
The petition argues that the 1987 Constitution prohibits this “anomalous and monopolistic concentration of political power in one family” based on Article II, Section 26, which provides: “The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.”
Garcia points to exchanges in the 1986 Constitutional Commission, where the framers expressly intended for the prohibition of concentration of power in family members in close degree, though they left it to Congress to pass an anti-dynasty law.
“Only the definition of ‘political dynasty’ was delegated by the Constitutional Commission to Congress, but Congress does not have the discretion to deviate from the clear intent and purpose of the prohibition, that is, ‘to prevent a concentration of political power in one family,'” the petition reads.
Erwin Tulfo’s citizenship issues
The petition also highlights issues related to Erwin Tulfo’s citizenship as reason for why he should not be allowed to run. He earlier admitted to acquiring US citizenship in the late 1980s, but renounced it in early 2022.
He later said that he became an undocumented worker in the US to provide for his family.
“Natural-born citizenship is a constitutional requirement that anyone seeking a constitutional office must first satisfy before the Comelec in order to qualify as a candidate,” Garcia told Rappler.
The Constitution requires that no person can become a senator unless they are a natural-born Filipino. The article on citizenship says that natural-born Filipinos are those who are citizens of the Philippines “from birth.”
Garcia wrote in the petition: “It is very humbly submitted that….Once a natural-born citizen renounces his/her Philippine citizenship, he/she becomes an alien. To reacquire Philippine citizenship, he/she must go through naturalization proceeding just like any other alien.”
“Considering that he/she had to go through the process and swear allegiance back to the Philippines, the returning Filipino performed acts necessary to reacquire Philippine citizenship. Ergo, no longer a natural-born Filipino, just a naturalized Filipino,” the petition added.
The petitioner also noted how the certificate of candidacy (COC) for the 2025 election does not have an item indicating the citizenship of the aspirant, and that if this continues, that more “Alice Guos” will be running and winning elections in the country.
Alice Guo is the dismissed Bamban, Tarlac mayor who was sued by the Comelec for allegedly violating the Omnibus Election Code. She was under fire in a 2024 Senate investigation for her links to Philippine offshore gaming operators and allegedly faking her Filipino identity.
The COC form, while not having a citizenship field that needs to be filled out, still requires candidates to certify that they are natural-born citizens and, if applicable, attach a copy of their sworn renunciation of foreign citizenship.
When Ben Tulfo filed his COC in October, he claimed that having three Tulfos in the Senate was not indicative of a political dynasty.
“We don’t have any district. Maybe at the [local] executive level, you can say that, when you become a governor or mayor, because you have a district. But running for the Senate is a national office, you can’t have a dynasty,” he had said.
Read the full disqualification petition here:
– Rappler.com