DQ Case Against Senator Raffy Tulfo Dismissed by Comelec en banc
Commission on Election (Comelec) en banc junked the disqualification (DQ) case against Senator Raffy Tulfo.
Rafael Tashiba Tulfo’s application for reconsideration was denied by the Comelec. The DQ complaint was brought while he was a senatorial candidate in the last national and local elections on May 9, 2023.
Julieta Licup Pearson’s application for reconsideration was denied by the Comelec en banc on February 28. According to the resolution, there is no legal basis to reverse the order of the Comelec First Division rejecting the petition dated March 4, 2022, asking for Tulfo’s disqualification.
“In view of the aforementioned pronouncements, the Commission En Banc is henceforth bound to dismiss the Motion for lack of jurisdiction. The foregoing premises considered, the Motion for Reconsideration should fail,” the resolution read.
“Therein, it was established that the Motion ‘neither argues that the evidence on record is insufficient to justify the Assailed Order nor 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 Procedures,” Comelec Spokesperson John Rex Laudiangco.
The en banc also stated that it no longer had jurisdiction over the disqualification action against Tulfo, who was proclaimed as a senator on May 18, 2022, and sworn in on June 22, 2022, based on the report.
“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,” he said.
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