SC affirms Comelec decision junking Tulfo’s disqualification case
THE SUPREME Court (SC) has affirmed a Commission on Elections (COMELEC) decision junking a petition to disqualify Senator Rafael “Raffy” T. Tulfo when he ran for election in 2022.
In its decision dated April 4, the SC en banc ruled that it is only the Senate Electoral Tribunal (SET) that has jurisdiction over such cases of disqualification in which the subject is a winning candidate “who has been proclaimed, taken oath, and assumed office.”
The petition to disqualify Mr. Tulfo from the senatorial race was anchored on his libel conviction and alleged election offense of advertising his candidacy on his television program.
The Comelec First Division ruled to dismiss the petition for “failure to attach the required proof of service.”
Subsequently, the petitioner in the case and alleged wife of the senator, Julie L. Pearson, filed a motion for reconsideration that was denied by the Comelec for lack of jurisdiction.
In her petition for certiorari filed with the SC, Ms. Pearson sought to have the Comelec decision reversed.
But the SC decided: “[The petitioner] failed to timely file the appropriate case before the Senate Electoral Tribunal (SET) and cannot remedy this failure by invoking the Court’s certiorari powers.” – Chloe Mari A. Hufana