Dismissed Albay gov runs to SC, appeals ’25 polls disqualification

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FORMER Albay governor Noel Rosa has asked the Supreme Court (SC) to nullify a recent resolution issued by the Commission on Elections (Comelec) barring him from running for the same post in the May 12 midterm polls.

In a petition filed last Friday, Rosal, through his counsel Romulo Macalintal, urged the magistrates to nullify the Comelec resolution, saying it was issued with “apparent and deliberate haste, brisk and speed” to allegedly favor his political rivals.

Rosal was referring to the resolution issued last week by the poll body stemming from the petition filed by one Josefino Dioquino seeking his disqualification from seeking the gubernatorial post of Albay on the ground that he is perpetually disqualified from seeking any elective post due to his dismissal by the Office of the Ombudsman.

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The former government has appealed the Ombudsman’s ruling before the High Court.

The Ombudsman dismissed Rosal for alleged grave misconduct, oppression, and conduct prejudicial to the best interest of the service.

In contesting his disqualification by the poll body, Rosal argued that the Ombudsman resolution is covered by the temporary restraining order issued by the SC in October last year.

“The Comelec violated the Honorable Supreme Court’s TRO because Section 40 of the Local Government Code is one of the grounds for disqualification under Comelec Resolution No. 11044-A which the SC prohibited from being implemented,” he said in his latest plea.

“By converting Dioquino’s petition to one for disqualification under Section 40 of the LGC, my right to due process was violated because such conversion was done without giving me a chance to answer the same and that it broadened the scope of Dioquino’s petition beyond what was asked by him as his causes of action were substantially and materially altered,” he added.

In the same plea, Rosal also questioned the haste with which the poll body ruled on his case by denying his previous motion for reconsideration, adding that the latter did not even bother to require Dioquino to answer or submit an opposition to his motion.

Rosal filed his motion for reconsideration to Comelec Second Division ruling that disqualified him from the May 12 polls on January 2, 2025.

He noted that the Comelec en banc only took one day after the records of the case was brought to it, or on January 6, to rule on the case and deny his appeal.

He complained that the poll body did not even raffle the case to a ponente who will write the decision before it ruled on his motion.

Rosal won the 2022 gubernatorial race in Albay, with 469,481 votes as against the 230,735 votes of his closest rival, Al Francis Bichara.

If not disqualified from participating in the 2025 local elections, he will be running against Albay Rep. Joey Salceda.

Incumbent governor Grex Lagman has earlier announced that he will withdraw from the gubernatorial race to support Rosal.

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