SC issues TRO vs Comelec resolution on dismissed public officials

Comelec headquarters in Intramuros, Manila. INQUIRER FILES

MANILA, Philippines — The Supreme Court has temporarily stopped the Commission on Elections (Comelec) from implementing its resolution barring an individual dismissed from service by the Ombudsman from running for public office despite pending appeal.

“The Court issued a temporary restraining order (TRO) against the Comelec, which was also ordered to comment on the petitions within a non-extendible period of 10 days from receipt of notice,” Supreme Court spokesperson Camille Sue Mae Ting said in a press conference.

The subject of the restraining order is Comelec Resolution No. 11044-A, which bars dismissed public officials with perpetual disqualification from holding public office from filing a certificate of candidacy (COC) despite the pendency of an appeal.

Former Albay Gov. Noel Rosal filed the petition that seeks to nullify the Comelec resolution.

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

The Ombudsman dismissed Rosal in an administrative case with an accessory penalty of perpetual disqualification from holding public office. Rosal filed his COC to reclaim his old post.

“Existing jurisprudence or decisions of the Supreme Court, and even existing Comelec policy, have been very consistent in previous elections that the said penalty of perpetual disqualification applies only once the decision of the Ombudsman becomes final and executory,” Rosal said in his petition filed through his lawyer, Romulo Macalintal.

Rosal’s case was consolidated with the petition filed by Mandaue City Mayor Jonas Cortes who was suspended by the Office of the Ombudsman for one year.

READ: Mayor Jonas Cortes seeks reconsideration of one-year suspension

Cebu City Mayor Michael Rama also filed a similar petition, which was also consolidated by the SC with Rosal’s petition.

READ: TIMELINE: From suspension to disqualification – key events in Michael Rama’s legal battles

Rama was found guilty of grave misconduct and was also barred from holding public office.