SC ruling affirming DQ cases of Bicol execs not final – lawyer

The Supreme Court building in Manila. INQUIRER PHOTO / NIرO JESUS ORBETA

MANILA, Philippines — An election lawyer on Monday clarified that the Supreme Court’s (SC) decision affirming the disqualification of Albay Governor Noel Rosal and Legaspi Mayor Geraldine Rosal in the May 2022 local elections is not yet final and executory.

Last October 22, the Public Information Office announced that the SC affirmed the disqualification of the Rosals for the 2022 elections.

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

Atty. Romulo Macalintal on Monday said “the parties have not yet received a copy of the said decision, hence, the Rosals still have the right to file their respective motions for reconsideration within fifteen (15) from receipt of said decision.”

Macalintal added that the decision is not a ground to disqualify them from running in the May 2025 elections.

Governor Rosal has already filed his Certificate of Candidacy for his reelection as Albay governor, while his wife, Geraldine, has also filed her CoC for her reelection as mayor of Legaspi City.

The Rosals were purportedly disqualified by the Commission on Elections (Comelec) for alleged violation of the Omnibus Election Code in relation to the disbursement and release of government funds during the prohibited period before a regular election.

Macalintal said a motion for reconsideration is imperative as he called the Comelec’s decision “weird.”

Governor Rosal won by a majority vote of 230,735 against his rival, then-incumbent Alfredo Bicharra.

The Comelec Second Division, in a decision on October 4, 2022, ruled that Geraldine could not be held liable for vote-buying due to insufficiency of evidence but nevertheless disqualified her for the alleged release of public funds during the prohibited period.

Elevating the case to the Comelec en banc, it ruled that Geraldine could not be disqualified for the release of public funds during the prohibited period because she was not an elected official then. Instead, she was disqualified for vote-buying.

Macalintal said “both Noel and Geraldine Rosal are qualified to run for governor of Albay and mayor of Legaspi City in the May 2025 elections as there is no legal impediment for them to seek reelection for said positions.