COMELEC Certificate of Finality and Entry of Judgment for Petition for Disqualification against Gov. Rosal release
The COMELEC En Banc decision of November 18, 2022 dismissing the Motion for Reconsideration of Albay Governor Noel Rosal for lack of merit paved the way for the issuance of a Certificate of Finality and Entry of Judgment for Disqualification.
Rosal’s failure to secure a Temporary Restraining Order from the Supreme Court Section 8 of COMELEC Resolution No. 9523 in relation to Section 13(b), Rule 18 at Section 3, Rule 37 of the 1993 COMELEC Rules and Procedures, decisions or resolution of the en banc regarding Special Action (SPA) became final and executory after five days of receipt of the decision or resolution.
Rosal a candidate for governor who won during the May 9 2022 National and Local Elections was the respondent in a disqualification case filed by Joseph San Juan Armogila(SPA No. 22-031(DC) in relation to the expenditures of local funds as city mayor of Legazpi during the 45 days election ban. Armogila cited Section 68 paragraphs (a) and (e) of the Omnibus Election Code.
“Section 68(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.
Petitioner Almogila is one of the candidates running for member of the Sangguniang Panlungsod of Legazpi during the May 9, 2022 NLEs and available records listed him as running under the LAKAS Christian Muslim Democrats(LAKAS CMD) garnering 9,584 votes ranked 21st among the 24 aspirants.