Supporters of Mayor Carmen Geraldine “Gie” Rosal gathered at Legazpi City Hall compound on Monday (May 8) after the Commission on Elections (Comelec) en banc affirmed the disqualification case against her that stemmed from allegations that she and her husband, former Albay governor Noel Rosal, violated the Omnibus Election Code in the run up to the May 9, 2022 elections. (Photo by Mark Alvic Esplana)
LEGAZPI CITY — Hundreds of supporters of former Albay governor Noel Rosal and his wife, Carmen Geraldine, incumbent mayor of Legazpi City, staged a rally within the city hall compound on Monday (May 8) to protest the resolution of the Commission on Elections (Comelec) en banc affirming the disqualification case against the local chief executive.
Carrying placards slamming the Comelec, the protesters questioned the ruling of the poll body.
The Rosal couple already filed the temporary restraining order (TRO) through their counsel to stop the implementation of the Comelec order disqualifying the mayor and declaring second placer Alfredo Garbin Jr., a former Ako Bicol Party List representative, as the winner in the May 2022 elections.
They also appealed to the Supreme Court to be fair with judgment “in respect to the 55,000 voters and democracy as well. ”
“My townmates, don’t be sad. It is not the end of the world for us. The decision of the Comelec disqualifying me despite winning the elections is not acceptable,” Carmen Geraldine said as she addressed the crowd.
The incumbent mayor also cited the resolution of the Comelec’s second division, which she said found no evidence that she was involved in vote-buying during the campaign period.
According to Carmen Geraldine, the Comelec’s second division disqualified her for releasing funds to allegedly convince Legazpi residents to vote for her.
“I filed a motion for reconsideration. It’s good that the Comelec’s second division directly said there was no vote-buying that took place. I told them I couldn’t be disqualified for releasing funds since I wasn’t still a mayor back then,” the incumbent mayor said.
She asserted that the decision of the second division should be final and executory, and she questioned why the en banc “revived” the disqualification case “despite the fact that my rival did not file a motion for reconsideration.”
But Garbin said the Comelec decision should be given “full weight and respect,” adding that it was “unanimous.”
“This decision is all based on facts,” Garbin told the Inquirer in a phone interview on May 5.
The Rosal couple was accused of vote-buying when they allegedly violated a provision of the Omnibus Election Code against the release of public funds during the election period for the recent May polls.
In its resolution last week, the Comelec en banc affirmed the second division’s decision disqualifying the mayor, saying it found Rosal accountable for giving money to “influence, induce or corrupt the voters…”
In December last year, Albay Vice Gov. Edcel Lagman formally replaced Noel through the rule of succession after the Comelec affirmed the poll body’s first division resolution that disqualified Noel from running for the province’s highest post.
A TRO was filed by Noel at the SC.
The Comelec ruling was based on a petition filed in April last year by defeated Legazpi City council candidate Joseph Armogila, who sought Noel’s disqualification for reportedly approving, in his capacity as then mayor of Legazpi, the cash assistance for tricycle drivers and senior citizens.
Armogila said the distribution of the payout took place during the 45-day campaign spending ban between March and April.
The Comelec’s First Division granted Armogila’s petition to disqualify Rosal from running as governor, saying the former Legazpi mayor committed an election offense by violating the ban on public spending. INQ
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