Comelec to abide by SC order on Legazpi mayor's DQ case


The Commission on Elections (Comelec) said on Thursday, May 11, that it will be abide by the Status Quo Ante Order (SQAO) issued by the Supreme Court (SC) in the disqualification case of Legazpi City Mayor Carmen Rosal.

"As we have consistently committed, the Comelec will abide and comply with any order, ruling or directive of the Highest Court of our Land," Comelec spokesman John Rex Laudiangco.

According to Laudiangco, this was the main reason why Comelec Chairman George Erwin Garcia, and the rest of the members of the poll body, strictly complied with due process and followed pertinent rules and procedures in the series of issuances of the Certificate of Finality, Entry of Judgment and Order of Execution in this case.

He mentioned that Comelec confirmed receipt of the SQAO directing all parties to maintain the status quo prevailing before the issuance of Comelec Second Division Resolution dated Oct. 4, 2022 and Comelec en banc resolution dated May 4, 2023.

"Said compliance of COMELEC with established processes guarantee all parties to the case the opportunity to avail of all legal remedies under our jurisdiction," he added.

The subject en banc resolution disqualified Rosal on the basis of finding her liable for giving money to influence, induce or corrupt the voters, in violation of Section 68 (a) of the Omnibus Election Code (OEC).

The en banc decision was served to the parties of May 4, 2023 will have become final and executory after five days from receipt in the absence of a restraining order from the SC pursuant to the Comelec Rules of Procedure.

On the other hand, the Second Division resolution disqualified Rosal on the basis of finding her liable for violating Section 261 (v) of the OEC which prohibits the release, disbursement, or expenditure of public funds forty-five days prior to election day.

Garcia has said that in case Rosal secures a Temporary Restraining Order (TRO) from SC, no Writ of Execution will be issued.