The Supreme Court has affirmed the decision of the Commission on Elections to dismiss the disqualification case against Senator Raffy Tulfo.
In a statement, the high court denied a petition for certiorari filed by the alleged wife of Tulfo, Julie Licup Pearson.
In its decision promulgated on April 3, 2024, the court stated that the Comelec was correct in dismissing the case because of lack of jurisdiction, pointing to the Senate Electoral Tribunal as the rightful body to tackle cases of winning candidates.
“The Senate Electoral Tribunal (SET) has exclusive jurisdiction over disqualification cases against a winning senatorial candidate who has been proclaimed, taken oath, and assumed office,” the SC said.
During the candidacy of Tulfo, Pearson filed the disqualification case based on the following grounds: he had been convicted of libel, a crime involving moral turpitude; and he had allegedly committed an election offense by illegally advertising his candidacy on his show “Raffy Tulfo in Action.”
READ: Comelec junks petition vs Raffy Tulfo’s Senate bid
The commission dismissed the case for Pearson’s failure to attach the required proof of service.
She then filed a motion for reconsideration but was overtaken by the victory of Tulfo in the elections as the Comelec lost its jurisdiction.
The court cited Section 17, Article VI of the Constitution as well as established jurisprudence and stated that once a winning candidate had been proclaimed, taken oath, and assumed office, the Comelec’s jurisdiction over election contests 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.
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