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Comelec recalls resolution cancelling Rosal’s candidacy

By Rhaydz B. Barcia


THE Commission on Elections (Comelec) en banc has recalled its resolution cancelling the certificate of candidacy (COC) of former Albay governor Noel Rosal after the Supreme Court (SC) issued a temporary restraining order (TRO) on January 21, 2025.


Comelec Chairman George Erwin M. Garcia immediately acted on the SC’s directive, reversing the commission’s earlier decision that had finalized Rosal’s disqualification.


Comelec en banc Resolution No. 11046, citing Section 13, Rule 18, and Section 3, Rule 37 of the 1993 Comelec Rules of Procedure, states that a decision becomes final and executory five days after promulgation unless restrained by the SC.


“No restraining order was issued within five days from receipt of the parties of the resolution that would preclude the January 7, 2025, decision from being final and executory,” the Comelec initially ruled.


However, just as the commission was set to enforce Rosal’s disqualification, the Supreme Court granted the TRO, effectively blocking the resolution. In response, Garcia ordered the recall of the certificate of finality and entry of judgment.


“In view of the Supreme Court’s issuance of a Temporary Restraining Order (TRO) on January 21, 2025, the Commission en banc hereby recalls the certificate of finality and entry of judgment earlier issued for SPA No. 24-008 (DC),” Garcia stated.


The recall has sparked legal debate, with Guinobatan-based lawyer Oliver Olaybal criticizing the Comelec’s procedures.


“In election cases, Comelec’s rules deviate from the Rules of Court. Allowing only five days to seek a TRO before disqualification is unconstitutional. The Constitution mandates a uniform rule of court for judicial and quasi-judicial bodies,” Olaybal argued.


Meanwhile, public figures and local leaders welcomed the recall, saying it upholds electoral fairness.


“A win for democracy. The people deserve a fair election, not one where laws are used to eliminate rivals,” said Fr. Rex Paul Arjona of the Diocese of Legazpi.


Lawyer Edwin B. Bellen, retired Senate deputy secretary, also emphasized the importance of choice in democracy.


“Democracy is stronger when voters have more options. Let the people decide,” he said.


Rosal’s disqualification stemmed from a petition filed by Josefino Valenzuela Dioquino, a broadcaster and barangay kagawad of Baybay, who argued that Rosal had been disqualified by the Office of the Ombudsman and was no longer eligible to run for public office.


After Comelec denied Rosal’s motion for reconsideration with finality, he elevated the case to the Supreme Court, which granted the TRO, allowing him to remain in the race.


With the recall of its resolution, the Comelec now awaits further guidance from the Supreme Court on the final status of Rosal’s candidacy.

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