Albayanos defend disqualified Rosal

By Rhaydz B. Barcia

LEGAZPI CITY --- As Albayanos stood firm over the candidacy of dismissed Albay Governor Noel Rosal, he vowed to contest what he called the Commission on Elections’ (COMELEC) “deliberate abuses” and disregard for a Supreme Court-issued Temporary Restraining Order (TRO) from just three months ago.

Rosal’s candidacy for the gubernatorial race was disqualified by the COMELEC Second Division in December 2022, citing a decision from the Office of the Ombudsman. The Ombudsman had found Rosal guilty of violating the Local Government Code (LGC), which bars individuals removed from office due to administrative cases from running for elective posts under Section 40(b) of the LGC.

The disqualification stemmed from a petition filed by Josefino “Dhoy” Dioquino, a local broadcaster and village councilor allied with Ako Bicol Partylist. Dioquino supported the candidacies of Ako Bicol-affiliated candidates, including Hisham Ismail, who is running for mayor against Geraldine Barrameda-

Rosal, the governor’s wife. Ismail, a former ex-officio member of the Albay Provincial Board, is the brother-in-law of Legazpi City Mayor Alfredo Garbin, an Ako Bicol ally.

Garbin, who lost the May 2022 mayoral race to Geraldine Rosal, was later declared the winner by COMELEC after his ally filed a disqualification case against the Rosal couple for distributing COVID-19 cash aid to senior citizens and tricycle drivers during the campaign period.

The COMELEC, in a decision promulgated on December 27, 2024, reaffirmed Rosal’s disqualification, citing a joint resolution by the Ombudsman finding him guilty of grave misconduct, oppression, and two counts of conduct prejudicial to the public interest. Commissioners Marlon S. Casquejo, Rey E. Dulay, and Nelson J. Celis stated that the dismissal was immediately executory.

Despite the disqualification, Rosal has garnered public support, contesting the COMELEC decision and emphasizing the Supreme Court’s TRO issued on October 22, 2024. The TRO halted the implementation of a resolution prohibiting candidates with pending administrative cases from running for office without final judgment.

Rosal criticized the timing of the COMELEC decision, which coincided with a five-day holiday, and called on his supporters to remain calm. “This decision is not final and executory. We will file a motion for reconsideration before the COMELEC en banc and, if necessary, take it to the Supreme Court,” he said.

Rosal’s supporters, including prominent figures and legal experts, have expressed their discontent with the COMELEC decision. Lawyer Elmar Barreda assured Albayanos that legal remedies remain available. “The decision is not final. We will exhaust all means to fight for democracy in Albay,” Barreda said in a Facebook post.

Ding Velasco, a former municipal administrator of Tiwi, wrote an open letter to the Supreme Court that has since gone viral, calling on the justices to intervene. “Disqualification should only be imposed on those who have been convicted with finality,” Velasco argued, citing precedents involving other political figures.

Meanwhile, Albayanos from various walks of life criticized the COMELEC’s alleged bias. Retired teacher Bernardita Sumanga lamented that “good people are deprived of the chance to govern,” while others questioned the fairness of disqualifying Rosal over pandemic aid distribution, a necessary action at the time.

Rosal continues to advocate for calm and faith in the judicial system, hoping the Supreme Court will again intervene. “Let us pray for the Supreme Court to uphold justice and stop the COMELEC from implementing unconstitutional decisions,” he said.