Due to technicality, the Supreme Court (SC) affirms the decision issued by the Commission on Elections (Comelec) dismissing the disqualification case against Senator Raffy Tulfo.

The decision reached the magistrates on 3 April 2024 but was released yesterday evening.

The Court affirmed Comelec’s dismissal of the petition filed by Tulfo’s alleged wife, Julie Licup Pearson, seeking to disqualify him from running in the 2022 senatorial race on two grounds. 

Pearson cited Tulfo’s conviction in a libel case, a crime involving moral turpitude and the alleged election offense he committed by illegally advertising his candidacy on his show, called “Raffy Tulfo in Action” as basis for the senator’s disqualification. 

The petition was dismissed by the Comelec’s First Division for failure to attach the required proof of service. 

After obtaining the third-highest number of votes, Tulfo was proclaimed a winning senator, took his oath, and assumed office.  

Pearson sought reconsideration of the Comelec’s decision but the poll body denied the same as it had already lost jurisdiction of the case following Tulfo’s proclamation.

This prompted Pearson to elevate the issue before the SC. 

But the Court agreed with the Comelec’s ruling that the issue should have been brought before Senate Electoral Tribunal (SET).  

The Court, citing Section 17, Article VI of the Constitution, and established jurisprudence, clarified the division of powers in election disputes.  

The court noted  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.  

The SC said, “Pearson failed to timely file the appropriate case before the SET and cannot remedy this failure by invoking the Court’s certiorari powers."