The Commission on Elections (Comelec) en banc issued on Friday, Nov. 25, to the parties of Joseph San Juan Armogila and Albay Governor Noel Rosal a Certificate of Finality and Entry of Judgment in relation to the disqualification case of the Bicol official.
In a statement released by Comelec spokesman John Rex Laudiangco, according to Sec. 8 of 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 resolution of the en banc on special action cases will become final and executory after five days of receipt of the decision or resolution except if it was halted by the Supreme Court through a Temporary Restraining Order (TRO) or Preliminary Injunction.
Because no TRO or Preliminary Injunction came from the SC within five days, Laudiangco stated that the en banc resolution dated Nov. 18, became final and executory based on the said rules.
"A writ of execution will be issued fortwith po. Still, the remedy of a Petition for Review on Certiorari with the Supreme Court is available for the Respondent po within the period allowed by the Rules on Civil Procedure," Laudiangco told reporters.
"A writ of execution duly issued will be implemented po to remove the respondent from office po," he added.
In this case, the rule of succession under the Local Government Code will be implemented by the Department of Interior and Local Government (DILG), according to Laudiangco.
Rosal was found liable by the Comelec First Division for violating Section 261 of the Omnibus Election Code (OEC) or the 45-day spending ban. The en banc recently denied the Motion for Reconsideration (MR) filed by Rosal.
The en banc "found no cogent reason to reverse the findings" of the First Division as it "neither contains any new matter or issues, nor was it able to establish the Assailed Resolution was based on insufficient evidence or that the same is contrary to law."