G.R. No. 266053 – Political Law – Constitutional Law – The Legislative Department – Electoral Tribunals; Senate Electoral Tribunal – Exclusive Jurisdiction; Sole Judge of Election Contests against Senators
In 2021, Rafael “Raffy” Tulfo filed his certificate of candidacy for a senatorial position for the 2022 elections. In February 2022, Julie Pearson, Tulfo’s wife, filed a disqualification case with the Commission on Elections (COMELEC) against Tulfo on the ground that Tulfo is disqualified from running for office as he was convicted of Libel in 2010 (affirmed by the Supreme Court in 2019); that under the Omnibus Elections Code, a person convicted of a crime involving moral turpitude is disqualified from running for elective office; and that libel is a crime involving moral turpitude. COMELEC did not immediately act on the disqualification case.
Come May 2022 and before election day, the COMELEC dismissed the disqualification case. A day after the election, Pearson filed a motion for reconsideration. Several days later, Tulfo was declared as a winning candidate. He took his oath and assumed office. In February 2023, COMELEC denied Pearson’s motion for reconsideration.
ISSUE: Whether or not the denial of the motion is correct.
HELD: Yes. Sec. 17, Art. VI of the 1987 Constitution provides that the Senate Electoral Tribunal is the sole judge of all contests relating to the election, returns, and qualifications of Senators. Once a senator has been proclaimed, taken his or her oath, and assumed office, any pending election contest before the COMELEC is already dismissible on the ground that COMELEC no longer has jurisdiction over the case and the jurisdiction of the SET begins.
May Pearson still file her disqualification case against Tulfo before the SET?
No more. Election protests against senators (as per SET Rules) may only be filed within thirty days from a senator’s assumption of office. For quo warranto proceedings, they may be filed within fifteen days from assumption of office. Both periods are non-extendible.
