Rosal to appeal DQ ruling on 45 days ban violation

AKB ally seen behind raps


By Rhaydz B. Barcia


Legazpi City---Albay Governor Noel Rosal urged the Albayanos to stay calm as he will continue to perform his post despite the disqualification ruling by the First Division of the Commission on Elections on Monday.


“I will continue to function as your governor until the court orders with finality and executory to vacate the position. Please, stay calm. Thank you all for your support,” Rosal said.

Rosal said that the resolution of the First Division is not final and executory. He said that his office will file a motion for reconsideration within five days before the COMELEC En Banc.


“We have five days from receipt or up to 24 September, to file a motion for recommendation to the Commission en banc. The decision, final order or ruling of the Comelec en banc may be brought to the Supreme Court on petition for certiorari under Rule 65 in relation to Rule 64 of the rules of court but becomes executory after 5 days if no restraining order is issued by SC,” Rosal said.


The Comelec 1st Division has disqualified Rosal from the 2022 provincial race for violating the 45-day ban following the release of public funds by government agencies for social welfare projects as cash assistance payout to senior citizens in March and tricycle drivers in April.


Rosal’s disqualification case was filed by Joseph San Juan Armogila, who ran for councilor but lost in the May 9, 2022 local polls here.


Armogila, a politicawho ran under the ticket of mayoral candidate former Ako Bicol Partylist Rep. Alfredo Garbin, filed a complaint against then Legazpi City Mayor Noel Rosal including his wife Carmen Geraldine Rosal, as well as a fellow candidates re-electionist councilor Al Barizo and Marlyn Manaya, chief of City Social Welfare and Development Office of Legazpi City.


Armogila contested the Rosal’s cash assistance given to senior citizens and tricycle drivers given during the 45-day ban, against the release of public funds.


According to Armogila’s complaint the respondents violated sections a, l, b, o, and v of the Omnibus Election Code which includes the prohibited acts that could be categorized as election offenses.


Armogila stated that the two-day cash assistance payout for tricycle drivers in the amount of P2,000 as well as senior citizens are in violation of the provisions of the law, thus, tantamount to bribery, vote buying.


According to Armogila, the cash assistance given by Rosal’s camp manifested the intention to influence, induce and corrupt the electorate in casting their votes in favor of the respondents using public funds.


The cash assistance given by then Mayor Noel Rosal to the senior citizens and tricycle drivers are part of the city government’s continuing Covid-19 stimulus package assistance to the people severely affected by the pandemic here.


Meanwhile, following the First Division Comelec decision released on Monday, veteran lawmaker Joey Sarte Salceda of the 2nd District of Albay urged the Albayanos to observe sobriety, civility and respect democratic process.


“Albay is strong, resilient and dynamic and such challenges to continuity will ultimately be resolved by rule of law and democratic process, the foundation of our sense of community,” the lawmaker said.


“So, I ask everyone to just focus on their jobs. I am guided only by what is good for Albay. Albay has been a model of civility in our political discourse and engagements,” Salceda said.


Salceda is a political ally of Albay governor Noel Rosal and uncle of Mayor Geraldine Barrameda-Rosal.