Comelec junks Salceda’s disqualification case vs Rosal

By Rhaydz B. Barcia

LEGAZPI CITY — The Commission on Elections (Comelec) Second Division has dismissed the disqualification case filed by former Albay 2nd District Representative Joey Sarte Salceda against Governor Noel E. Rosal, saying it was filed beyond the allowed period.

In a resolution dated November 5, 2025, but released Monday, the Comelec junked Salceda’s petition (Case No. APA 25-249 [DC]) seeking to nullify Rosal’s candidacy and proclamation in the May 12, 2025 elections.

Salceda’s petition claimed Rosal was ineligible to run due to an Ombudsman decision issued on June 18, 2024, which found him guilty of grave misconduct, oppression, and conduct prejudicial to the best interest of the service, and imposed dismissal and perpetual disqualification from public office.

Comelec Second Division presiding commissioner Rey E. Bulay said the case was filed out of time, noting that under Comelec Resolution No. 11046, petitions for disqualification must be filed no later than the date of proclamation. Rosal was proclaimed on May 13, 2025.

“It is clear that the petitioner’s right to file a disqualification case has lapsed,” Bulay said. “The Commission has no choice but to dismiss the case.”

The decision reignited political tension in Albay, with many netizens criticizing Salceda for allegedly refusing to accept defeat.

Salceda, however, denied filing any case against Rosal, saying on Facebook that he had never taken legal action against political opponents in his 27 years in public service.

The ruling came as Rosal faces another Comelec decision cancelling his certificate of candidacy (COC) in a separate case filed by Adrian Loterte involving the same Ombudsman ruling. Rosal, who secured a Supreme Court TRO allowing him to run, has filed a motion for reconsideration before the Comelec en banc and vowed to continue serving Albayanos.