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Comelec en banc affirms junking of DQ case vs. Raffy Tulfo

The Commission on Elections (Comelec) en banc has affirmed the junking of the disqualification case against Senator Raffy Tulfo.

This, after the Comelec en banc dismissed the motion for reconsideration filed by Julieta Licup Pearson last February 28.

Pearson is the same person who filed a petition seeking to cancel Tulfo's certificate of candidacy for the 2022 senatorial race.

"In view of the aforementioned pronouncements, the Commission En Banc is henceforth bound to dismiss the Motion for lack of jurisdiction," the resolution read.

"The foregoing premises considered, the Motion for Reconsideration should fail."

In a press statement, Comelec spokesperson Rex Laudiangco explained that the en banc "found no valid reason" to reverse the resolution of the Comelec First Division, which dismissed the petition seeking to disqualify Tulfo.

Laudiangco said the motion for reconsideration "neither argues that the evidence on record is insufficient to justify the Assailed Order nor that the ruling arrived upon by the Comelec (First Division) is contrary to law."

Section 1, Rule 19 of the Comelec Rules of Procedure states that a motion for reconsideration may be filed on the grounds that the evidence is insufficient to justify the decision, order or ruling, or that the said decision, order or ruling is contrary to law.

Apart from this, the Comelec en banc pointed out that it no longer has jurisdiction over a disqualification case against Tulfo as he is now an incumbent senator.

"In relation thereto, it has long been recognized that the jurisdiction of the [Senate Electoral Tribunal] and [House of Representatives Electoral Tribunal] commences only after a winning candidate has already been proclaimed, taken his oath, and assumed offices as either a member of the House of Representatives or the Senate," the Comelec en banc resolution read.

All petitions that are junked by the Comelec en banc can be appealed before the Supreme Court. —VAL, GMA Integrated News