Comelec to file charges against Albay Gov-elect Noel Rosal

Commission on Elections. File photo

MANILA, Philippines — The Commission on Elections (Comelec) will file charges against Albay Governor-elect Noel Rosal for violating the Omnibus Election Code (OEC) on the prohibition of the distribution of public funds during the campaign period of the 2022 national and local elections.

In a resolution dated June 18, 2025, the Comelec en banc adopted the recommendation of its law department to file an information against Rosal for violating the Section 261 of the OEC.

The law department said that there is a “probable cause” that Rosal “released, disbursed, and expended” public funds without required exemption from the Comelec.

Meanwhile, Atty. Romulo Macalintal, Rosal’s legal counsel, told INQUIRER.net that Rosal will file a motion for reconsideration before the Comelec en banc once the camp receives the copy.

In 2022, the Comelec First Division disqualified Rosal from the 2022 elections, and was affirmed by the Comelec en banc. He won by a majority vote of 230,735 against his rival, then-incumbent Al Francis Bicharra.

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

The decision was upheld by the Supreme Court (SC) in October 2024. The Office of the Ombudsman previously ordered the dismissal of Rosal from public service and the permanent barring from holding any public office after he was found to be guilty of grave misconduct, oppression, and conduct prejudicial to the best interest of the service.

The Comelec’s decision stemmed from his approval to release financial assistance in Legazpi City, Albay as a mayor within the period of spending ban during the campaign period without seeking an exemption from the Comelec.

Under the OEC, the Comelec prohibits any public officials from releasing public funds during 45 days before a regular election.

While Rosal argued that he signed off on budget appropriations and was not physically present during the payout, the law department said that absence in the actual distribution and good faith are not a defense in violating the Comelec’s spending ban.

The law department also cited the SC’s ruling that the distribution of social welfare projects, under the Bayanihan to Recover As One Act, still needs an exemption from the Comelec to release funds during the campaign period.

READ: Rosal proclaimed Albay governor; Salceda legal plea dismissed

Rosal won the gubernatorial race against Rep. Joey Salceda in the 2025 midterm elections. The SC earlier stopped the Comelec from implementing its decision to disqualify him in the elections due to its Resolution No. 11044-A, which bars dismissed public officials with perpetual disqualification from holding public office. /mr