By Junex Doronio
MANILA — Touted as a strong presidential contender in 2028, hard-hitting veteran journalist and now Senator Raffy Tulfo has gained favor from the Supreme Court (SC) which has ruled to uphold the Commission on Elections (Comelec) decision junking the disqualification (DQ) petition against him.
The high court thrashed the DQ petition due to lack of jurisdiction.
In its decision last April 3 which was only released to the media through a press statement on Monday (8 April 2024), 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.
It can be recalled that a certain Julie Licup Pearson sought the disqualification of Tulfo because he had been convicted of libel, a crime involving moral turpitude, and he had allegedly committed an election offense by illegally advertising his candidacy on his radio show.
“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.
It also clarified: “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.”
A recent Pulse Asia survey showed Tulfo ahead by just one percent over Vice President and Education Secretary Sara Duterte.
(el Amigo/MNM)
