(UPDATE) THE Commission on Elections (Comelec) has dismissed the petition to disqualify five Tulfo family members who are running in the May 12 polls on the basis of a technicality.

In a three-page order released Monday, the Comelec First Division cited the failure of petitioner lawyer Virgilio Garcia to provide copies of respondents' certificates of candidacy (CoCs) which, the division pointed out, would have been vital to properly verify the necessary information alleged in the petition.

It added that it cannot also be verified whether the petition was properly served to the respondents.

Chairman George Erwin Garcia said the petition was dismissed on a technicality because the petitioner failed to provide the attachment needed for the Commission to acquire jurisdiction and decide on it based on merits. He may, however, still correct the deficiency of his petition and appeal it before the commission en banc, Garcia added.

"There are a lot of options available to the petitioner," Garcia said, even as he called on petitioners to always ensure that their grounds and documentary requirements are accurate and complete to avoid their petitions being dismissed on a technicality.

In petitions for disqualification, he said, the CoC is very important because it serves as an evidence that the person being accused is a candidate.

"That is why in all petitions to disqualify, petition to deny due course or cancelled candidacy, all lawyers know it, the number one attachment is the CoC of the person being disqualified," the poll chief said.

On the importance of serving notice, Garcia said sufficient notice to the respondent is one way by which the Comelec can acquire jurisdiction over the person.

"How can we require the respondent to comment [on the petition] or issue a summons if he has not received the petition?" he said.

The First Division, chaired by Commissioner Aimee Ferolino with Commissioners Ernesto Ferdinand Maceda Jr. and Maria Noria Tangao-Casingal as members, said that petitioner failed to comply with the requirement imposed by Comelec Resolution 11046, thus the petition is insufficient in form.

Running in the May 12 elections are ACT-CIIS party-list Rep. Erwin Tulfo, a candidate for senator, reelectionist ACT-CIIS Rep. Jocelyn Pua-Tulfo and her son Quezon City 2nd district Rep. Ralph Wendel Tulfo, Wanda Tulfo-Teo, first nominee of the party-list Turismo, and Ben Tulfo, a senatorial candidate.

Erwin Tulfo thanked the Comelec for dismissing the petition, saying its decision proves the commission's strong commitment to justice and to maintaining the credibility of the country's democratic institutions.

"As a public servant, I remain faithful to my duty to serve with integrity, honesty, and obedience to the law. This decision allows me to further focus my time and effort to serving our countrymen and pushing for their welfare in Congress," he said in Filipino.

He thanked his supporters for their continued trust and support.