Comelec denies Rosal’s appeal to run for gubernatorial post

By Rhaydz B. Barcia

The Commission on Elections (Comelec) en banc denied the appeal of ousted Albay Governor Noel Rosal to run for the gubernatorial race in the May 2025 elections.

In an 8-page decision signed by Comelec Chairman George Erwin M. Garcia and issued on Tuesday afternoon, the Comelec en banc disqualified Rosal from running for provincial governor of Albay in the May 12, 2025, national and local elections.

The decision followed a petition filed by Josefino "Dhoy" Dioquino, a local broadcaster and village councilor of Baybay, and a known political ally of the Ako Bicol party-list. Dioquino sought the cancellation of Rosal's certificate of candidacy.

Rosal filed a motion for reconsideration on January 2, after the Comelec Second Division, in a ruling on December 27, 2024, disqualified him from running in the May 2025 elections.

The en banc decision noted that before Rosal filed his certificate of candidacy on October 3, 2024, he had already been dismissed from service by the Office of the Ombudsman due to administrative violations, as stated in a joint resolution on January 18, 2024.

The Comelec referenced the case OMB-L-Marc-23-0033, which dismissed all charges against Rosal, his wife Geraldine Barrameda-Rosal, and Clemente A. Ibo for lack of probable cause. It also cited OMB-L-A-Mar-23-0029, which found Rosal guilty of grave misconduct, oppression, and two counts of conduct prejudicial to the best interest of the service, resulting in his dismissal from service.

Geraldine Barrameda-Rosal was found guilty of conduct prejudicial to the best interest of the service and sentenced to a one-year suspension.

The Comelec ruling stated that if the penalty of suspension or dismissal could no longer be enforced due to the respondents’ separation from service, it would be converted into a fine equivalent to their basic salary for 12 months, payable to the Office of the Ombudsman. The fine may be deducted from their retirement benefits, accrued leave credits, or any receivable from the government.

All charges against Clemente A. Ibo were dismissed for lack of merit. The decision also highlighted that dismissal from service entails the cancellation of eligibility and perpetual disqualification from holding public office, as held in the case of Tallado vs. Comelec, et al.

Ding Velasco, a political analyst in Albay and former municipal administrator of Tiwi during the tenure of former Mayor Patria Gutierrez, posted a letter on his Facebook page to the Justices of the Supreme Court. The post generated at least 1,300 shares by the time of posting and was supported by several lawyers calling for the High Court to decide in favor of Albayanos.

"Would it be detrimental to jurisprudence if you allow a sitting governor, suspiciously suspended by the Comelec for allegedly distributing ayuda during the COVID-19 pandemic, as the reason for his disqualification? Isn't it true that disqualification can only be meted out to those already sentenced with finality?" Velasco wrote in his letter to the Supreme Court.

“If you follow this illegal basis by the Comelec, then you should also bar Apollo Quiboloy from running for senator because he is accused of more serious crimes; bar Ramon 'Bong' Revilla and Jinggoy Estrada from re-election because they were accused and tried for plunder! How many other governors and congressmen facing substantial corruption cases at the Ombudsman and Sandiganbayan are still allowed by the Comelec to run for office again and again?” he added.

Velasco continued to urge the Supreme Court to address the political situation in Albay, stating, "Why allow this to happen in Albay when dear Justices, we Albayanos gave Noel E. Rosal a resounding 73 percent of our votes in May 2022? It was the largest mandate given to any governor in Albay, because we believed that Noel Rosal could lead us to our rightful place among the nation’s fastest-developing provinces."

"Let Noel Rosal run again so we can see if Albayanos will still give him a mandate to fulfill what we yearn for in Albay, such as lowering our electric rates, considering we supply the cleanest renewable power to the Grid since 1978, and charting our growth just as he did for Legazpi City," Velasco added.

Velasco argued that Rosal was being accused by a defeated candidate from the 2022 elections and that Albayanos deserve equitable justice.

“Noel Rosal has not been sentenced with finality, only accused by a defeated candidate in 2022. Allow him to run unimpeded by twisted issues because we, the voters of Albay, believe in fair and lawful elections based on equitable justice under the law,” Velasco concluded.