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Comelec en banc affirms disqualification of Legazpi mayor Rosal

By Ferdinand Patinio

May 5, 2023, 11:12 am

<p>Comelec facade <em>(PNA photo by Yancy Lim)</em></p>

Comelec facade (PNA photo by Yancy Lim)

MANILA – The Commission on Elections (Comelec) en banc affirmed the disqualification of Carmen Geraldine Rosal as a candidate for mayor of Legazpi City, Albay during the May 9, 2022 elections.

In a 17-page resolution promulgated on May 4, the seven-member en banc affirmed the ruling of its 2nd Division dated Oct. 4, 2022, disqualifying Rosal based on finding her liable for violating Section 261 (v) of the Omnibus Election Code (OEC), which prohibits the release, disbursement, or expenditure of public funds 45 days before Election Day.

“Respondent is found to have given money to influence, induce, or corrupt the voters, as described in Section 68 (a) in relation to Section 261 (a) (1) of the Omnibus Election Code. Respondent is hereby disqualified from being a candidate for Mayor of Legazpi City, Albay for the 9 May 2022 National and Local Elections,” the poll body said.

The disqualification case was filed by Joseph San Juan Armogila against Rosal over her participation in the two-day Tricycle Driver's Cash Assistance Payout in the city on March 31, 2022.

According to Comelec, Rosal did not deny that she was among those present during the activity.

It noted that a Facebook post about the activity thanked Rosal and referred to her as "Mayor Gie Rosal," when she was not the incumbent mayor at the time, in an apparent reference to the position she was then running for.

The commission also found it sufficient to conclude that Rosal was among those who gave the cash assistance and that it was given "to influence or induce them to support her candidacy for Mayor."

“All things considered, this Commission (En Banc) is convinced that Respondent gave money in order to influence, induce, or corrupt the tricycle drivers concerned. Petitioner is found to have sufficiently proved his case by the requisite Substantial Evidence,” the Comelec added.

On the other hand, the Commission en banc ruling noted that Rosal cannot be held accountable for violating 261 (v) of the OEC because the prohibition applies only to public officials or employees.

“Respondent cannot be held accountable for violation of the prohibition against release, disbursement or expenditure of public funds during the 45-day period prior to Election Day for the simple reason that she is not a public official at the time the supposed offense was committed,” it said.

After the decision, the Comelec en banc resolved to proclaim Alfredo Garbin Jr. as the duly-elected mayor of Legazpi City for garnering the second-highest number of votes during the 2022 National and Local Elections.

“With the disqualification of herein Respondent, it is only fitting to proclaim Alfredo A. Garbin Jr., the one who garnered the second highest number of votes during the 2022 Elections, as the City Mayor of Legazpi City,” it said.

The poll body also directed the Special City Board of Canvassers of Legazpi City to convene within 10 days from the finality of the ruling, at the Comelec Session Hall, 8th Floor, Palacio del Gobernador Building in Intramuros, Manila to proclaim Garbin as the duly elected mayor of Legazpi City.

“The decision will be final and executory 5 days from service if there's no TRO (temporary restraining order) issued by the Supreme Court, which in this case, until May 9. Without a TRO, on May 10, the Resolution will be final and executory, where it was likewise ordered that until May 20, the Special City Board of Canvassers of Legazpi will convene to proclaim Alfredo Garbin Jr. as the winning candidate for Mayor,” Comelec spokesperson John Rex Laudiangco said in a statement on Friday. (PNA)

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