The Supreme Court has dismissed due to technicality a petition seeking to disqualify Senator Raffy Tulfo.
The petition sought to reverse an earlier decision of the Commission on Elections which dismissed the disqualification case.
The High Court affirmed the Comelec’s dismissal of the petition filed by Tulfo’s estranged wife, Julie Licup Pearson.
Pearson cited two grounds in her petition—Tulfo’s conviction in a libel case, which she said was a crime
involving moral turpitude; and the alleged election offense he committed by illegally advertising his candidacy on his show, “Raffy Tulfo in Action,” as basis for the disqualification.
The Comelec’s First Division dismissed the petition for failure to attach the required proof of service.
Tulfo obtained the third-highest number of votes in the 2022 senatorial race.
Pearson sought reconsideration of the Comelec’s decision but the poll body said it had already lost jurisdiction of the case following Tulfo’s proclamation.
This prompted Pearson to elevate the issue before the Supreme Court.
However, the high court agreed with the Comelec’s ruling that the issue should have been brought before Senate Electoral Tribunal (SET).
It noted 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 High Court said.
Editor’s Note: This is an updated article. Originally posted with the headline Supreme Court junks petition to disqualify Senator Tulfo