The Commission on Elections (Comelec) First Division has granted the petition to disqualify Albay Governor Noel Rosal for violating the 45-day spending ban.

In a 22-page document promulgated on Monday, Sept. 19, the First Division stated that they had granted the petition filed by Joseph San Juan Armogila.

In his complaint affidavit, 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, it comprises of vote-buying and vote-selling; conspiracy to bribe voters; intervention of public officers and employees; use of public funds, money deposited in trust, equipment, and 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 is in violation of the aforementioned provisions of the law.

The resolution mentioned that Armogila contended that Rosal violated Section 68, a, and e of the Omnibus Election Code (OEC). The petitioner specifically alleged that the conduct of the "pay-out" or release of cash assistance by the Local Government Unit (LGU) to the tricycle drivers and senior citizens during the spending ban were "patent" acts of vote-buying.

The respondent claimed that the pay-out activities within the period of prohibition to disburse is only a continuation of the previous batches of implementation. He added that the activities were led by the City Social Welfare and Development Office and were reported to the Commission on Audit (COA).

The First Division stated that it also agrees the pay-ou of cash assistance does not constitute vote-buying.

However, it found that the respondent was liable for violating Section 261 of the OEC.

"This prohibition shall not apply to ongoing work projects commenced before the campaign period or similar projects under foreign agreements," the document read.

"For purposes of this provision, it shall be the duty of the government officials or agencies concerned to report to the commission the list of all such projects being undertaken by them," it further mentioned.

With this, the First Division stated that the pay-out cash assistance to the tricycle drivers and senior citizens within the 45-day period is not an exempted activity and was not given an exemption by the Commission.