SC upholds Comelec decision to dismiss DQ case against Sen. Tulfo

BIBO NUEVA ESPAÑA/SENATE PRIB

MANILA, Philippines — The Supreme Court (SC) on Monday said it upheld the Commission on Elections’ (Comelec) decision to dismiss a disqualification case against Senator Raffy Tulfo.

According to the SC, citing Section 17, Article VI of the Constitution, “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 (Senate Electoral Tribunal) assumes jurisdiction.”

READ: Comelec junks petition vs Tulfo: Civil status not qualification for senator

Failed to timely file

The high court noted that the complainant, Tulfo’s alleged wife Julie Licup Pearson failed to timely file the appropriate case before the SET, adding that she cannot remedy this failure by invoking the Court’s certiorari powers.

It was in February 2022 when Comelec dismissed a petition seeking to cancel Tulfo’s certificate of candidacy (COC), pointing out that his civil status “does not pertain to his qualification for elective office.”

Pearson sought Tulfo’s disqualification based on his conviction of libel, a crime involving moral turpitude, and for allegedly committed an election offense by illegally advertising his candidacy on his show, called “Raffy Tulfo in Action.”

However, the Comelec First Division dismissed the petition for failure to provide proof of service.

Pearson then filed a motion for reconsideration, which was again junked by Comelec, this time explaining that it no longer has jurisdiction over the disqualification case since Tulfo had already been proclaimed as Senator.