CA denies ex-Albay gov’s bid to stop dismissal
Inquirer photo/Raffy Lerma
MANILA, Philippines — The Court of Appeals (CA) has denied the motion for reconsideration filed by dismissed Albay Gov. Noel Rosal and suspended Legazpi City Mayor Carmen Geraldine Rosal, upholding its earlier decision to deny their request to stop the implementation of the sanctions imposed by the Office of the Ombudsman.
The Ombudsman’s sanctions stem from the illegal reassignment of three government employees, for which Noel Rosal was dismissed from service and permanently disqualified from holding public office due to grave misconduct and oppression.
In a resolution dated March 28, the CA’s former special 16th Division denied the couple’s plea for a temporary restraining order (TRO) and submitted for decision their petition for review with an application for a writ of preliminary injunction (WPI).
READ: Ombudsman dismisses ex-Albay gov, bars from holding any public post
Still a candidate
“We reiterate that Ombudsman’s decisions in administrative cases are immediately executory pending appeal and may not be stayed by the filing of an appeal or the issuance of an injunctive writ,” the CA said in the decision penned by Associate Justice Germano Francisco Legaspi.
Noel Rosal, sought for comment on Sunday, called the report on the CA’s denial of their motion for reconsideration as “misleading news.”
In a private message to the Inquirer, the former governor stressed that the CA’s denial of their motion for reconsideration has no legal effect on their right to run and be elected in the May 12 elections.
“Why? Because I was able to secure a TRO from the Supreme Court enjoining the Comelec (Commission on Elections) from disqualifying me as a candidate on the basis of an Ombudsman decision, which has not yet attained finality,” he added.
As for his wife, Carmen Geraldine, Noel said, “She was merely suspended from service.”
“The accessory penalty of perpetual disqualification does not apply to her. Hence, notwithstanding the CA’s denial of our application for TRO, she can legally run for and be elected as mayor of Legazpi City,” he said.
He added that this also means he can still legally run for and be elected as governor of Albay.
“So please, I implore everyone to be guided by this statement and not the misleading articles purposely circulated to wrongfully influence the voters,” he pleaded.
The Rosals earlier sought a TRO, WPI and a status quo ante order to stop the implementation of the Ombudsman order and the Department of the Interior and Local Government resolution dated June 18, 2024, which found Noel guilty of conduct prejudicial to the best interest of the service and imposed the penalties of dismissal and perpetual disqualification.
The same resolution found Carmen guilty of the same offense and suspended her for one year.
Denied plea
The appellate court had already denied their TRO plea in a Sept. 27, 2024, resolution, prompting the couple to file a motion for reconsideration.
In rejecting their appeal once more, the CA said the petitioners failed to prove a “clear and unmistakable” right to be protected, pointing out that “their election into office does not entitle them to a TRO, as there is no absolute right to hold office.”
The Rosals had argued that their constitutional right to run for public office was in “imminent danger” if the Ombudsman’s decision were not restrained.
Earlier this year, the Supreme Court granted a TRO that prevented the poll body from disqualifying Noel from running for governor of Albay on May 12.
