Once a winning candidate has been proclaimed, taken oath, and assumed office, the Senate Electoral Tribunal assumes jurisdiction over the said candidate, the Supreme Court says
MANILA, Philippines – The Supreme Court (SC) has upheld the dismissal of the disqualification case against Senator Raffy Tulfo.
In its ruling, the High Court reiterated that the Senate Electoral Tribunal (SET) has the exclusive jurisdiction over disqualification case against winning senatorial candidates who were already proclaimed, had taken oath, and assumed office. SC magistrates decided the case on April 3, the SC Public Information Office said.
Citing section 17, article VI of the 1987 Constitution and relevant jurisprudence, the High Court clarified in the decision the division of powers in cases like election disputes. Once winning candidates have been proclaimed, taken oath, and assumed office, the SET assumes jurisdiction or coverage over them, and the Commission on Election (Comelec) loses its jurisdiction over the candidate in relation to election contests stemming from the poll, returns, or disqualification cases.
The High Court explained that Julieta Licup Pearson, who filed the disqualification case against Tulfo, failed to file in time the appropriate case with the SET and “cannot remedy this failure by invoking the Court’s certiorari powers.” Certiorari is legal remedy used to review a body’s decision or grave abuse of discretion.
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