Comelec division disqualifies Legazpi mayor for violating spending ban

The Commission on Elections (Comelec) Second Division has disqualified Carmen Geraldine Rosal as mayor of Legazpi City, Albay for violating a provision of the election code on the release of public funds during the campaign period.

In its 21-page resolution, the Comelec division granted the petition filed by Joseph San Juan Armogila to disqualify Rosal for alleged vote-buying and for supposedly participating in a two-day cash assistance payout for tricycle drivers and senior citizens of her husband and then-incumbent mayor during the 45-day campaign spending ban.

Armogila, in his petition, said the act violated Section 261 (v) of the Omnibus Election Code (OEC) or the prohibition against release, disbursement, or expenditure of public funds.

Upon investigation, the poll body ruled Rosal should not be held accountable for vote-buying.

However, it said that the elected mayor “appears to have benefitted from the LGU’s project where public funds were definitely released, disbursed, and sought to sponsor the cash payout or assistance to the tricycle drivers and senior citizens”.

“We cannot help but conclude that as far as the public, in general, is concerned, there is direct attribution to the Respondent of the cash pay-out masked as a social welfare project,” the resolution said.

The Comelec also said Rosal performed an “overt act to make it appear that she is one with the LGU; worse; with her husband, who was then the incumbent mayor at the time of the ‘cash payout’ event."

“Her mere presence during the distribution of the cash assistance rendered moral assistance to the LGU. Lest it be forgotten, she is a candidate at that time, along with her husband,” it added.

Last month, the Comelec’s First Division also disqualified the mayor’s husband, Albay Governor Noel Rosal, in the 2022 elections for violating the spending ban under the OEC due to the aforementioned financial assistance program.—LDF, GMA News