The Commission on Election (Comelec) has affirmed the decision to declare former Social Welfare Secretary Erwin Tulfo as the representative of the Anti-Crime and Terrorism Community Involvement and Support (ACT-CIS) party list.

"In affirming the decision of the COMELEC Second Division, the COMELEC en banc stated that it "finds no compelling reason to reverse or to modify the assailed Resolution”,” Comelec spokesperson John Rex Laudiangco said in a statement.

He said that the Comelec en banc said the petition for reconsideration filed by lawyer Moises Tolentino "were belatedly filed" and that even if the petition was filed on time, the petition "could still not be acted upon for lack of jurisdiction."

"The petition against Tulfo was filed only 1 March 2023, or nine months after the proclamation of ACT-CIS. According to Section 4(b), Rule 5 of COMELEC Resolution No. 9366, a Petition for Disqualification of PL nominees must be filed at any day not later than the date of proclamation," Laudiangco said.

Last May, Tulfo formally sworn in before House Majority Leader Mannix Dalipe in the House of Representatives.

Tulfo's oathtaking was executed after the Comelec Second Division dismissed the disqualification case filed against him by Tolentino over the question of his citizenship and his libel conviction.