THE Supreme Court (SC) has affirmed the decision of the Commission on Elections (Comelec) junking the disqualification case filed against Sen. Raffy Tulfo after winning in the 2022 senatorial elections.
Saying it lacks jurisdiction over the case, the SC said the Comelec was correct when it dismissed the petition as Tulfo had already been proclaimed as senator when the case was filed.
The disqualification plea was filed by Tulfo’s alleged wife, Julie Licup Pearson, who said the former was ineligible to run in the 2022 senatorial race based on two grounds – his conviction in a libel case and the alleged election offense he committed by illegally advertising his candidacy on his show, titled “Raffy Tulfo in Action.”
To recall, the Comelec’s First Division dismissed the petition for Pearson’s failure to attach the required proof of service.
Pearson sought reconsideration of the poll body’s ruling, but the latter dismissed the same, saying it had already lost jurisdiction over the case following Tulfo’s proclamation.
This led Pearson to bring the case to the attention of the High Court.
But the SC, in a ruling dated April 3 but released only on Monday night, upheld the Comelec’s decision and said that Pearson should have brought her complaint before the Senate Electoral Tribunal (SET).
“The Senate Electoral Tribunal has exclusive jurisdiction over disqualification cases against a winning senatorial candidate who has been proclaimed, taken oath, and assumed office,” the SC said in a briefer.
It cited Section 17, Article VI of the Constitution and established jurisprudence which clarified the division of powers in election disputes.
It stated that once a winning candidate has been proclaimed, taken oath, and has assumed office, the Comelec’s jurisdiction over election contests relating to their election and qualifications ceases, and the SET assumes jurisdiction.
“Pearson failed to timely file the appropriate case before the SET and cannot remedy this failure by invoking the Court’s certiorari powers,” the SC said.
