Comelec reaffirms Rosal’s disqualification

THE Commission on Elections (Comelec) has reaffirmed its decision to disqualify Noel Rosal as Albay governor. Comelec spokesman John Rex Laudiangco said the poll body denied the motion for reconsideration filed by Rosal in the petition for disqualification lodged by defeated Legazpi City candidate for councilor Joseph Armogila.

The Comelec en banc said it “found no cogent reason to reverse the findings” of the Comelec First Division in September.

The en banc stated that Rosal’s motion “neither contains any new matter or issues, nor was it able to establish that the Assailed Resolution was based on insufficient evidence or that the same is contrary to law.”

Laudiangco said the decision issued by the en banc on Friday is final, but Rosal may elevate the matter to the Supreme Court “via a reasonably filed petition for certiorari.”

“The en banc’s decision is final, but has yet to become final and executory,” he said in a statement.

The ruling stated that Rosal’s motion “neither contains any new matter or issues, nor was it able to establish that the Assailed Resolution was based on insufficient evidence or that the same is contrary to law.”

Section 1, Rule 19 of the Comelec Rules of Procedure cites two grounds for a motion for reconsideration to be denied: the evidence is insufficient to justify the decision, order or ruling; or the decision, order or ruling is contrary to the law.

Rosal’s motion sought to assail the Resolution of the Division, promulgated on September 19, which granted the petition to disqualify him in his candidacy for the position of Albay governor in the 2022 National and Local Elections.

The First Division did not find Rosal liable for vote buying but was in violation of Section 261(v) of the Omnibus Election Code, which prohibits the release and disbursement or expenditure of public funds during the 45-day election ban.

It added that Rosal’s act of giving cash assistance to tricycles and senior citizens in Legazpi City was without prior authority from the Comelec as required by law and rules.

Rosal’s wife, Legazpi City Mayor Geraldine Rosal, was likewise ordered disqualified by the Comelec for the same offense.