Comelec chairman recalls cancellation of Rosal COC

In just a nick of time, the certificate of candidacy of ousted Albay governor Noel Rosal was saved from cancellation after the Supreme Court granted the temporary restraining order which prompted the Commission on Elections en banc to recall the certificate of finality and entry of judgment.

Comelec Chairman George Erwin M. Garcia recalled the resolution regarding the cancellation of Rosal’s certificate of candidacy soon after the high court ordered the temporary restraining order on the same day when the commission ordered the resolution stating with finality the termination of Rosal COC.

But Garcia ordered a recall of the previous order due to SC TRO on the same day.

The Comelec en banc resolution No. 11046 in relation to section 13, rule 18, and section 3, rule 37 of the 1993 Comelec rules of procedure provides that a decision or resolution of the commission (en banc) in special actions shall become final and executory after five days from receipt of the decision or resolution, unless restrained by the Supreme Court.

The Comelec also said that the Supreme Court ruled that the phrase “final and executory” under section13, rule 18 of the Comelec rules should be interpreted to mean immediately executory after five days from promulgation.

“No restraining order has been issued by the Supreme Court within five days from receipt of the parties of the resolution that would preclude the January 7, 2025 resolution of this commission (en banc) from being final and executory,” the Comelec en banc resolution said.

“Therefore, in view of the foregoing, the resolution of the Commission en banc promulgated on January 7, 2025 is hereby declared immediately executory” under the Comelec rules of procedure and Comelec resolution no. 11046,” the Comelec en banc resolution said.

But on the same day when the commission was about to remove Rosal’s certificate of candidacy, the High Court issued the TRO over Rosal.

Due to this, Garcia recalled the previous ruling. “In view of the pronouncement by the Supreme Court of the issuance of 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 said.

Lawyer Oliver Olaybal, from Guinobatan town reacted over the commission saying that the Comelec rules deviate from the rules of court which is unconstitutional.

“In election cases, the Comelec rules deviate from the rules of court. When the Comelec en banc disqualifies a candidate, the Comelec rules allow the disqualified candidate five days within which the disqualified candidate may obtain a TRO from the Supreme Court, or else his name will not be included in the ballot. This is unconstitutional,” he said.

“The constitution allows the Supreme Court to impose one rule of court, both for judicial and quasi-judicial bodies. The period for regular appeal is 15 days, and 60 days for extraordinary appeal (certiorari under Rule 65). Time for some bright boys in Congress to reconcile these contradictory rules,” Olaybal said. – BY RHAYDZ BARCIA