Albay Governor Noel Rosal has been ordered to vacate his post following the issuance of the writ of execution from the Commission on Elections (Comelec), an official stated on Tuesday, Nov. 29.
In a press conference, Comelec spokesman John Rex Laudiangco stated that the Writ of Execution has been served at 10:30 a.m. to the parties of Rosal and the complainant, Joseph San Juan Armogila as well as to Interior and Local Government Secretary Benhur Abalos.
Laudiangco stated, however, that the remedy of a Petition for Review on Certiorari with the Supreme Court (SC) is still available for Rosal within the allowable period which is within 30 days upon the receipt of the said order. The said order is immediately executory.
"‘Yun nga lang po, in the meantime na mag file siya, implement na po namin ang decision ng Comelec (But in the meantime while he is filing that, we must implement Comelec's decision)," he said.
"Kailangang may transition na maganap sa lalong madaling panahon (There must be a transition at the soonest time possible)," he added.
Following the rule of succession under the Local Government Code, Rosal's position will be taken over by the incumbent Vice Governor of Albay, Edcel Lagman Jr. While the vice gubernatorial post will be turned over to the highest-ranking member of the Sangguniang Panglalawigan.
According to Laudiangco, Rosal may remain in power only if the SC were to issue a temporary restraining order (TRO) and a status quo ante order (SQAO). But given that the decision was already issued, TRO without SQAO will have no effect since the order can no longer be restrained
Comelec also issued recently a Certificate of Finality and Entry of Judgment in relation to the disqualification case of Rosal.
Laudiangco stated that 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.
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."