Comelec issues certificate of finality on DQ case vs Albay's Rosal

The Commission on Elections (Comelec) en banc on Friday issued a certificate of finality and entry of judgment on the disqualification of Albay Governor Noel Rosal.

“Ang Comelec en Banc ngayong hapon ay nagpadala ng kopya ng Certificate of Finality at Entry of Judgment sa mga partido sa kasong Armogila v. Rosal, na naka-docket bilang SPA No. 22-031(DC),” the Comelec statement read.

This came after the Comelec en Banc junked Rosal's motion for reconsideration and upheld the Comelec First Division's decision to disqualify the Albay governor.

The poll body explained that under Comelec Resolution NO 9523 in relation to Section 13(b), Rule 18 and Section 3, Rule 37 of the 1993 Comelec Rules of Procedures, a decision or a resolution of the Comelec en Banc on special actions will be final and executory after five days upon the receipt of the said decision and resolution except if the Supreme Court issues a temporary restraining order or preliminary injunction.

“Dahil walang TRO o preliminary injunction na iniutos ang Korte Suprema sa loob ng naturang limang araw, ang Comelec en Banc Resolution na may petsang 18 Nobyembre 2022 ay naging pinal at executory batay sa mga nabanggit na rules,” the Comelec said.

In a Viber message to reporters, Comelec Spokesperson Rex Laudiangco said a writ of execution which will remove Rosal from office will be issued immediately.

However, the remedy of a petition for review on certiorari with the SC is still available for the respondent within the period allowed by the Rules on Civil Procedure.

Laudiangco also said that the rule of succession under the Local Government Code will be implemented by the Department of the Interior and Local Government.

On September 20, 2022, the Comelec First Division granted the petition to disqualify Rosal for violating Section 261 (v) of the Omnibus Election Code or the prohibition against the release, disbursement, or expenditure of public funds.

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

The petition was filed in April 2022 by defeated Legazpi City council candidate Joseph Armogila.

GMA News Online sought comment from Rosal but he has yet to respond as of posting time. — DVM, GMA Integrated News