High court upholds Comelec ruling on disqualification of Albay’s Rosals

Supreme Court spokesperson Camille Ting. —Contributed photo

MANILA, Philippines — The Supreme Court has upheld the Commission on Elections (Comelec) ruling that disqualified the Rosal couple of Albay from the local positions they won in the 2022 elections.

In an en banc session on Tuesday, the high tribunal affirmed the disqualification of Noel Rosal as governor of Albay and his wife Carmen Geraldine as mayor of Legazpi City.

“Their disqualifications are for violating the Omnibus Election Code in relation with the disbursement and release of government funds during the prohibited period before a regular election,” Supreme Court spokesperson Camille Ting said in a press briefing.

READ: Ex-Albay gov asks SC to nullify Comelec disqualification rule

A full copy of the decision has yet to be made public but the high court, in the same session, also affirmed the disqualification of Jose Alfonso Barizo as councilor of Legazpi City, also for violating the election spending ban.

In separate rulings in November 2022 and May 2023, the Comelec voided the Rosal couple’s election victories for violating the Omnibus Election Code when they distributed cash assistance during the election period.

On Aug. 29, the Office of the Ombudsman found the Rosal couple guilty of administrative charges for reassigning provincial and city government officers when they assumed office in 2022.

Suspension, dismissal

The Ombudsman ordered the suspension of Carmen from her post for a year after she was found guilty of conduct prejudicial to the best interest of the service.

Meanwhile, Noel was ordered dismissed from service and permanently barred from holding any public office, after finding him guilty of grave misconduct, oppression and conduct prejudicial to the best interest of the service.

Just last week, Rosal asked the Supreme Court to stop the Comelec from enforcing a resolution that prevents dismissed public officials like him from filing certificates of candidacy (COCs), even if their appeal is still pending in the Court of Appeals.

He filed his COC earlier this month to reclaim his old post, but was barred by the Comelec rule.

In his 39-page petition for certiorari and prohibition, Rosal argued that the penalty of perpetual disqualification should only apply once the Ombudsman’s decision becomes final and executory.

Acting on his petition which was consolidated with the petitions of dismissed Mayors Jonas Cortes of Mandaue City and Michael Rama of Cebu City, the high tribunal on Tuesday also issued a temporary restraining order on Comelec Resolution No. 11044-A, which disqualified them from participating as candidates in the 2025 midterm elections.