SC asks Comelec to give side on ousted Albay guv suit

By Benjamin Pulta

December 6, 2022, 7:44 pm

MANILA – The Supreme Court (SC) has asked the Commission on Elections (Comelec) to give its side on the petition filed by Albay Governor Noel Rosal questioning the poll body's decision to oust him from his post for alleged election violations.

"The Supreme Court took cognizance of the petition filed by counsel for Noel E. Rosal against the Comelec and Joseph Armogila," the tribunal said, adding that the poll body and Armogila were asked to file their respective comments within 10 days on Rosal's petition.

"No action yet by the Court on the application for the issuance of a TRO, SQAO, and/or WPI (temporary restraining order, status quo ante order and/or writ of preliminary injunction). Instead, respondents are being ordered to comment on the application by Petitioner for a TRO, SQAO, and/or WPI," court spokesman Brian Hosaka told newsmen.

The Comelec earlier ordered Rosal to vacate the position and to relinquish and vacate the same in favor of incumbent Vice Governor Edcel Greco Alexandre Lagman.

Last September, the Comelec ruled Rosal to have violated Section 261 of the Omnibus Election Code (OEC) on the 45-day spending ban in the May 9, 2022 elections in a complaint filed by Armogila.

On Nov. 25, the Comelec issued a certificate of finality in the petition for disqualification against the Albay chief executive. On Nov. 18, Rosal’s motion for reconsideration was dismissed by the poll body, which said no new evidence was presented on the case. (PNA)