January 29, 2023

Bicol Express News

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Comelec en banc denies MR of Albay Governor Noel Rosal

Noel Rosal, Legazpi City mayor. Photo from FB

The Commission of Elections(Comelec) en banc denied the Motion for Reconsideration filed by Albay Governor Noel Rosal in connection with the disqualification case filed by Joseph San Juan Armogila in relation to the expenditures of the local funds as then city mayor of Legaspi during the 45 days election ban.

The en banc Resolution said that “the instant Motion for Reconsideration filed by Rosal neither contains new matters 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.” The governor filed his Motion for Reconsideration on September 20, 2022.

The poll body said that it find no cogent reason to reverse the findings of the commission First Division citing Section 1. Rule 19 of the COMELEC Rules of Procedure that for the Grounds of Motion for Reconsideration … “A motion for reconsideration may be filed on the grounds that the evidence is insufficient to justify the decision, order or ruling; or that the said decision, order or ruling is contrary to law.”

The disqualification filed by petitioner Armogila seeks the disqualification of respondent Rosal pursuant to Section 68 paragraph (a) and (e) of the Omnibus Election Code in relation to the latter’s candidacy for the position of Governor in Albay in the May 9, 2022, National and Local Elections. Section 68 deals with disqualification of a candidate … found by the Commission of having (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions, while paragraph (3) violated any of pertinent Sections of the Code shall be disqualified from continuing as a candidate or if he has been elected, from holding the office.

The en banc decision affirms the Resolution of the Commission First Division promulgated on September 19, 2022.

It is expected that Rosal will seek a Temporary Restraining Order with the Supreme Court within the reglementary period.