Rosal to contest Comelec deliberate abuses

As the Albayanos stood over the candidacy of dismissed Albay governor Noel Rosal, he vowed to contest the Commission on Elections deliberate abuses and for disregarding and disrespecting the Supreme Court temporary restraining order (TRO) issued barely three months ago.

Rosal whose candidacy for gubernatorial race was disqualified by the Commission on Elections Second Division citing the Office of the Ombudsman for violating the Local Government Code (LGC) in December 2022 despite the TRO issued by the high court.

The commission said that Rosal was dismissed from service and was disqualified under Sec. 40 (b) of the LGC, which disqualifies any person running for a local elective post, who was removed from office as a result of an administrative case.

Rosal disqualification staunched from a petition filed by Josefino “Dhoy” Dioquino, a local broadcaster of DWZR and concurrent village councilor of Baybay village in Legazpi City and allied of the Ako Bicol Partylist who openly endorsing the candidacies of Ako Bicol, chieftain Hisham Ismail, concurrent ex-officio member of the Sangguniang Panlalawigan of Albay running against Mayor Geraldine Barrameda-Rosal for mayoral post and other political allies of Ako Bicol.

Hisham Ismail is the brother-in-law of former Ako Bicol lawmaker now Legazpi City Mayor Alfredo Garbin.

Garbin lost to Mayor Geraldin Rosal in the concluded May 2022 mayoral elections but was proclaimed by the Commission on Elections after his ally Joseph Armogilla filed a disqualification case against the Rosal couple for distributing P2,000 cash as Covid-19 aid to the members of the senior citizens and tricycle drivers.

The Comelec has disqualified Rosal from running for the same position in the upcoming May 12, 2025 polls promulgated on Dec. 27, 2024, Friday afternoon where the second division composed of commissioners Marlon S. Casquejo, Rey E. Dulay, and Nelson J. Celis stated the joint resolution of the Ombudsman found Rosal guilty of grave misconduct, oppression, and two counts of conduct prejudicial to the best interest of the service, and was meted the penalty of dismissal from service.

While Rosal was slapped with another disqualification case to re-run in the upcoming polls, he was gaining momentum support from all walks of life contesting the Comelec decision.

Rosal also questioned the commission decision stating the temporary restraining order issued by the Supreme Court.

“There was a TRO issued by the Supreme Court dated on October 22, 2024 that stops the Comelec from implementing resolution no. 11404-A that they would prohibit a candidate with an administrative case to run even without a final judgment. This is serious, nobody should be above the law. The Comelec can be held in contempt for not following the order from the highest court in the land,” Rosal said.

Rosal cried foul against the Commission on Election for releasing the decision coinciding with a five-day holiday. “This is too much, the Comelec released the decision coinciding with the holidays.

They are consistently and deliberately doing this,” he said. But despite this, Rosal asked his supporters to be calm as the decision is not yet final and executory.

“Please remain calm because this is not final and executory. We will file a motion for reconsideration at the Commission on Election en banc within five days then to the Supreme Court for TRO,” he said.

“Have faith, let’s hope and pray for the Supreme Court to intervene again as they can resolve and tell the Comelec that it is unconstitutional for them to ban those who have a case from running even though they have not yet reached a final judgment,” he added.

However, the poll body emphasized that the dismissal was immediately executory and unaffected by the appeal. The Commission on Elections decision against Rosal sparked another salvo of divisiveness and criticism against the poll body’s questionable integrity.

Lawyer Elmar C. Barreda, whose mother Senned C. Barreda, a Comelec election officer of Bacacay town currently reassigned to Libon municipality in Albay since he “Elmar” is running for provincial board member in the first district of Albay under the ticket then of suspended governor Edcel Grex Lagman called on the Albayanos not to lose hope as the Comelec second division decision is not yet final.

“Do not lose hope! The decision of the Comelec Second Division for the disqualification anew of Governor Elect Noel E. Rosal is not yet final. The Supreme Court first issued a Temporary Restraining Order (TRO) in Comelec Resolution 11044-A stating that Gov. Noel Rosal was disqualified,” he said in a Facebook post.

“But the Comelec used a different basis for the recent disqualification, namely Sec 40(b) of the Local Government Code and Comelec Resolution 11046, But it is still anchored in the Ombudsman’s decision to dismiss Gov. Noel from his office stating that it is immediately executory. But don’t worry there are many other legal remedies,” Barreda, a son of a Comelec official in Albay said.

Barreda stood and defended Rosal saying all means will be done to fight the democracy in Albay.

“All means will be done to fight for our democracy here in Albay. As it has been said that “God never said that the journey will be easy, but he did say that the arrival will be worthwhile.” So, let us not forget this saying “THE GREATEST THREAT TO DEMOCRACY IS GREED.” Barreda said.

Ding Velasco, a former municipal administrator of the municipality of Tiwi during the reign of former Mayor Patria Gutierez posted on his Facebook page a letter to the Justices of the Supreme Court which generated at least 1,300 shares as of posting. Velasco’s post was supported by several lawyers asking the Supreme Court to decide in favor of the Albayanos.

“Would it be detrimental to jurisprudence if you allow a sitting governor, suspiciously suspended by the Comelec because he was “accused of distributing Ayuda during the Covid pandemic” as reason for his disqualification? Isn’t it that disqualification to run for public office can only be meted out to those who were already sentenced with finality?” Velasco said in a letter to the high court.

“If you follow that illegal basis by the Comelec, then you should also bar Apollo Quiboloy from running as Senator because he is accused of more serious crimes; bar also Ramon “Bong” Revilla and Jinggoy Estrada for reelecting having been accused and tried for plunder! How many other Governors and Congressmen are facing very substantial corruption cases at the Ombudsman and at the Sandiganbayan yet are still allowed by the Comelec to run for office, again and again?” he said.

As he knocked the doors of the Supreme Court Justices, Velasco asked the High Court why they allowed the current political upheaval in Albay to thrive.

“Why allow this to happen in Albay when dear Justices, we Albayanos gave Noel E. Rosal a rousing 73 percent of our vote in May 2022 and it was the biggest mandate yet given by Albayano voters to a Governor because we believed that Noel Rosal can lead us in Albay to our proper place amongst the nation’s fast developing provinces,” he said.

“Let Noel Rosal run again so we can see if Albayanos are still going to give him another mandate to fulfill what we yearn for in Albay like lowering our electric rates because we supply the cleanest renewable power to the Grid since 1978 and chart our growth like how he charted the growth of Legazpi City to what it has become,” he added.

Velasco stated that Rosal was accused by a defeated and losing candidate in 2022 and the Albayano voters deserve equitable justice.

“Noel Rosal has not yet been sentenced with finality, only accused by a defeated and losing candidate in 2022; so allow him to run unimpeded by twisted issues because we the voters of Albay believe in honest to goodness, lawful elections based on equitable justice under the law,” Velasco said.

Bernardita Sumanga, a retired public-school teacher, lamented that good people are deprived to govern. “Good people are deprived to govern to give a chance to corrupt politicians,” she said.

Joemil Marcellana Mujar also said that he doesn’t favor any politician but told the Comelec to be fair. “We favor no candidate, but the playing field must be fair and everyone has equal access to opportunity. Clean election 2025!”

Alvin Alfred Mirabueno said that the accusation against Rosal for giving aid during the pandemic was necessary during that time. He also contested the politicians here providing aid using AKAP, TUPAD and AICS for their vested interest in this coming election.

“Yet the accusation to Gov Noel Ebriega Rosal is giving the ayuda during the pandemic and it is very necessary during that time, yet they accused him. Look now at this moment the election is near, giving ayuda like AKAP, TUPAD AICS, is very rampant and other politicians is using that for their own benefits, but the COMELEC is blind because those politicians are their allies, shame on you COMELEC do the right and what is right,” Mirabueno said.

Minerva Lanuza also said that the unjust decision of the Comelec disallowing Noel Rosal to run for public office is something fishy. “I believe that it is an unjust decision of the Comelec to disallow Noel Rosal to run again for public office. I can smell something fishy in their decision,” she said.

While Lyn Dobla said that the poll body does not serve the interest of the public. “COMELEC doesn’t serve the interest of the public anymore,” she said. – BY RHAYDZ BARCIA