SC upholds junking of DQ case vs. Raffy Tulfo

The Supreme Court (SC) has ruled to uphold the Commission on Elections’ (Comelec) junking of the disqualification petition against Senator Raffy Tulfo due to lack of jurisdiction.

In its decision last April 3 but was only released to the media through a press statement on Monday, the SC has maintained the Comelec en banc’s position that the poll body has no longer jurisdiction over a disqualification case filed against an incumbent senator.

“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 statement read.

“The Court, citing Section 17, Article VI of the Constitution, and established jurisprudence, clarified the division of powers in election disputes. It stated that once a winning candidate had been proclaimed, taken oath, and assumed office, the Comelec’s jurisdiction over election contests relating to their election, returns, 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 high court ruled.

The SC was referring to Julie Licup Pearson, the person who sought the disqualification of Tulfo on the grounds that he had been convicted of libel, a crime involving moral turpitude, and that he had allegedly committed an election offense by illegally advertising his candidacy on his radio show.

The high court noted that Pearson appealed the junking of the disqualification case against Tulfo before the Comelec after the latter won the 2022 senatorial elections. It was then elevated to the SC through a petition for a certiorari after the Comelec denied her motion for reconsideration. — Hana Bordey/RSJ, GMA Integrated News