The Commission on Elections (Comelec) Second Division granted on Tuesday, Oct. 4, the petition for disqualification filed against Legazpi City Mayor Carmen Geraldine Rosal.
It can be recalled that in April, complainant Joseph San Juan Armogila, who is running for councilor filed a complaint-affidavit against then incumbent Legazpi City Mayor Noel Rosal, his wife Carmen, as well as a fellow candidate for councilor Al Barizo and the incumbent City Social Welfare and Development Office of Legazpi City Marlene Manaya.
In the 28-page document, Armogila detailed that the respondents violated Sections a, l, b, o, and v of the Omnibus Election Code which includes the prohibited acts that would be categorized as election offenses.
In what was enumerated in the complaint-affidavit, it comprised vote-buying and vote-selling; conspiracy to bribe voters; intervention of public officers and employees; use of public funds, money deposited in trust, equipment, facilities owned or controlled by the government for an election campaign; and the prohibition against release, disbursement or expenditure of public fund.
According to the affidavit, this was in connection to a two-day cash assistance payout for tricycle drivers in the amount of P2,000. It also stated that the release of cash assistance to tricycle drivers and senior citizens was in violation of the aforementioned provisions of the law.
In the 22-page resolution promulgated on Oct. 4 (Tuesday), the Second Division found that Carmen should not be held accountable for vote-buying punishable under Section 261 (a) of the Omnibus Election Cide as a ground to have her disqualified.
However, based on the evidence, the Second Division, found that Carmen appeared to have benefited from the Local Government Unit's (LGU) project where public funds were definitely released, disbursed, and spent to sponsor the cash pay-out.
"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 social welfare project," the resolution read.
It further stated that the respondent performed an overt act to make it appear that she is one with the LGU, "worse", with her husband, who was the incumbent mayor at the time of the "cash pay-out" event. The Second Division mentioned that 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," the resolution stated.
Recently, the Comelec First Division granted the petition to disqualify her husband, Albay Governor Noel Rosal for violating the 45-day spending ban. Comelec Chairman George Erwin Garcia said that this, however, is not yet final and executory.