Comelec division ruling vs. Albay gov not yet final, executory —Garcia

The Commission on Elections' (Comelec) First Division's ruling disqualifying Albay Governor Noel Rosal is not yet final and executory, Comelec Chairman George Garcia said Tuesday.

"It's still subject to a motion for reconsideration. And under the Comelec rules of procedure, the losing party has the right to file a motion for reconsideration within a period of five days from the receipt of such a decision," Garcia said in an interview on ANC.

The Comelec First Division on Tuesday granted the petition to disqualify Rosal for allegedly violating Section 261 (v) of the Omnibus Election Code or the prohibition against release, disbursement or expenditure of public funds.

According to the decision, Rosal, who was an incumbent official during the 2022 national and local elections, had given cash assistance to tricycle drivers and senior citizens sometime in April 2022.

During that period, a 45-day ban before the May 9, 2022 polls on the release, disbursement or expenditure of public funds was in effect.

According to Garcia, Rosal did not seek Comelec's exception for the distribution of such cash assistance.

Asked if this decision may appear unfair as some candidates have also done this during the campaign, Garcia said the Comelec is trying to prove that the law will be made applicable to everyone and the long arm of the law will catch on anyone.

"What we are saying is all our laws will be made applicable to everyone, and that is why this is a warning to everyone. This is what we have been consistently saying and this is what we are trying to prove that in the final analysis, the long arm of the law will catch on you," he said.

" You can either be disqualified or at the same time, you can be charged with an election offense punishable by three to six years imprisonment," Garcia added.

Should Rosal file a motion for reconsideration, Garcia said the Comelec en banc will not delay the disposition of the case as this will benefit neither the public nor the respondent.

He also explained that whoever may win at the Comelec en banc level, the case may still be elevated to the Supreme Court.

In a statement on Facebook, Rosal said he will continue to function as governor until the court orders with finality that he vacate the position.

"We have 5 days from receipt or up to 24 September, to file MR to the Commission En Banc," he said. —KBK, GMA News