The Commission on Elections (Comelec) has dismissed the Motion for Reconsideration filed by Julieta Licup Pearson in relation to the disqualification case she filed against then-senatorial candidate Raffy Tulfo.
Julieta Licup Pearson in the disqualification case against Rafael Teshiba Tulfo, then-Senatorial Candidate in the recent May 9, 2022 National and Local Elections.
According to the resolution promulgated on Feb. 28 and released by the poll body on Wednesday, March 1, the Commission en banc found no valid reason to reverse the Assailed Order of the Comelec First Division, which dismissed the Pearson's petition dated March 4, 2022, seeking to disqualify Tulfo.
The poll body stated that it was established that the Motion "neither argues that the evidence on record is insufficient to justify the Assailed Order nor that the ruling arrived upon by the Commission (First Division) is contrary to law," in accordance with the grounds set forth under Section 1, Rule 19 of the Comelec Rules of Procedure.
The Commission en banc added that it no longer has jurisdiction over a disqualification case against Tulfo, who is now a sitting member of the Senate after having already been proclaimed as a senator on May 18, 2022, and taken his oath of office on June 22, 2022, pursuant to Article VI, Section 17 of the Constitution.
Comelec explained that a long line of cases has established that the Senate Electoral Tribunal (SET) assumes exclusive jurisdiction over all election contests relating to the members of the Senate.
"In recent memory, the Supreme Court enunciated in Penson v. COMELEC that, 'The use of the word 'sole' in Section 17, Article VI of the 1987 Constitution underscores the exclusivity of the electoral tribunal's jurisdiction over all election contests relating to members of the House of Representatives and the Senate," the poll body said in a statement.
"The authority conferred upon these tribunals is intended to be full, clear, complete, and unimpaired, thereby divesting the jurisdiction previously vested upon the Comelec under the 1973 Constitution over all contests relating to the election, returns, and qualifications of the members of the Batasang Pambansa," it added.
It can be recalled that an earlier petition filed by Pearson seeking the cancellation of the Certificate of Candidacy (COC) of Tulfo was also dismissed in a resolution promulgated on Dec. 16, 2021.
There she claimed that the respondent misrepresented in his COC the following items: the identity of his legal wife, the period of his residence in the Philippines (62 years and two months), and the pendency of criminal complaints lodged against him.
She also claimed that Tulfo is a dual citizen and therefore should be disqualified to be a candidate for senator. Pearson mentioned in her petition that Tulfo is married to her.