EMBATTLED Albay Gov. Noel Rosal has asked the Supreme Court (SC) to stop the Commission on Elections (Comelec) from enforcing a resolution that disqualified him from the position.
In his petition dated November 21, Rosal asked the High Court to issue an injunction or a status quo ante order to stop the enforcement of the September 19 order of the Comelec First Division removing the governor from his post for allegedly violating the 45-day spending ban under the Omnibus Election Code (OEC) in this year’s election.
The poll body said Rosal’s act of giving cash assistance to tricycle drivers and senior citizens in Legazpi City was without prior authority from it as required by the OEC.
Rosal was mayor of Legazpi City before he ran for the gubernatorial post.
The poll body also disqualified Rosal’s wife, Legazpi City Mayor Geraldine Rosal for the same offense.
The complaint against Rosal was filed by Joseph San Juan Armogila who was named by the former as respondent, together with the Comelec, in his SC petition.
Armogilla ran but lost in the May election for councilor of Legazpi City.
Rosal appealed the decision before the Comelec en banc but it was denied on November 18, prompting him to elevate the case to the SC.
In his plea, Rosal told the SC that the Comelec deprived him of his “constitutional right to due process” after it denied his motion to reset “hearing on the preliminary conference despite justifiable grounds.”
He also argued that the Comelec issued the disqualification order based on mere allegations, insisting that Armogilla failed to produce evidence during the period specified to be under coverage of the OEC.
Rosal said the Comelec committed grave abuse of discretion when it issued the assailed decision.
Earlier, the poll body through its spokesperson John Rex Laudiangco said the Albay governor cannot yet be removed from his post without a certificate of finality and a writ of execution of its decision.
