Albay Gov. Noel E. Rosal has asked the Supreme Court (SC) to stop the Commission on Elections (Comelec) from implementing a resolution that disqualified him from the top provincial post.
In a petition filed on Nov. 21, Rosal asked the SC to issue a status quo ante order (SQAO) or a temporary restraining order (TRO) to stop the enforcement of the Comelec’s resolution issued on Nov. 18.
In a decision handed down by the Comelec’s first division last Sept. 19, Rosal was found to have violated Section 261 of the Omnibus Election Code (OEC) on the 45-day spending ban in the May 9, 2022 elections.
The complaint against Rosal was filed by Joseph San Juan Armogila who was named as respondent, together with the Comelec, in the SC petition.
Rosal’s appeal before the Comelec en banc (full commission membership) was denied last Nov. 18. He then filed a petition with the SC which was denominated as GR No. 264125.
A copy of the petition was not available as of posting.
In a press statement, Rosal’s camp alleged that the Comelec deprived the governor of his “constitutional right to due process” after the poll body denied his motion to reset “hearing on the preliminary conference despite justifiable grounds.”
Rosal’s camp also said that the poll body had issued the disqualification ruling based on “mere allegations” and despite the failure of Armogila to “adduce evidence” that the governor had actually disbursed funds during a period specified by the Omnibus Election Code.
It said that Rosal asked the SC to determine a possible “grave abuse of discretion” on the part of the Comelec when the it issued the challenged decision and resolution.
In a statement issued on Nov. 18, Comelec Spokesperson John Rex Laudiangco said that Rosal cannot yet be removed from office and implement the disqualification without a Certificate of Finality and a Writ of Execution.
“The (Comelec) en banc’s decision is final, but has yet to become final and executory. Governor Rosal may elevate the matter to the SC via a seasonably filed petition for certiorari,” Laudiangco said.
“The Comelec en banc’s decision becomes final and executory either via a final decision of the SC, or the aggrieved party’s failure to seasonably file a petition for certiorari,” he added.
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