Ex-Albay gov asks SC to void Comelec’s order disqualifying him from gubernatorial race
Dismissed Albay Gov. Noel Rosal has asked the Supreme Court to nullify a recent Commission on Elections (Comelec) resolution disqualifying him from running for governor in the midterm elections this May, claiming the decision was made with “apparent and deliberate haste.”
In a petition for certiorari filed on Jan. 10, Rosal, through lawyer Romulo Macalintal, argued the Comelec committed grave abuse of discretion by disqualifying him despite the temporary restraining order (TRO) issued by the Supreme Court last year blocking the implementation of the resolution.
On Aug. 29, 2024, the Office of the Ombudsman found Rosal and his wife, Carmen Geraldine, guilty of administrative charges for reassigning provincial and city government officers when they assumed office in 2022 as governor and mayor of Legazpi City, respectively.
The governor was ordered dismissed from service last year and permanently barred from holding any public office after being found guilty of grave misconduct, oppression, and conduct prejudicial to the best interests of the service.
Aiming to reclaim his post, he filed a certificate of candidacy for the upcoming elections but was prohibited from doing so by Comelec Resolution No. 11044-A, which bars dismissed public officials who have been penalized with perpetual disqualification from running for public office.
On Oct. 22, 2024, the Supreme Court has temporarily stopped Comelec from implementing its resolution.
However, on Dec. 17, 2024, the poll body’ Second Division ruled to disqualify Rosal based on Section 40(b) of the Local Government Code, which disqualifies any person running for a local elective post who was removed from office due to an administrative case.
The case stemmed from a petition filed by a Josefino Dioquino, an alleged registered voter of Legazpi City, for the “automatic administrative cancellation of the Certificate of Candidacy” of Rosal, pursuant to Comelec Resolution No. 11044-A.
No due process
Instead of dismissing Dioquino’s petition, Rosal’s legal team argued the Comelec converted it into a disqualification case under Section 40 of the Local Government Code—a move they contended violated his right to due process, as it was done without giving him an opportunity to respond.
Rosal also accused the Comelec en banc of acting with “apparent and deliberate haste” in denying his motion for reconsideration on Jan. 7, without even requiring Dioquino to file an answer or opposition.
Rosal pointed out that on Jan. 2, 2025, he filed his motion for reconsideration to the Comelec Second Division’s disqualification resolution. On Jan. 6, the Comelec Second Division “elevated all the records of the case to the Comelec en banc.”
“And then came the coup de grâce—on Jan. 7, 2025, in record time of one day—faster than lightning—the Comelec en banc issued a resolution denying my motion for reconsideration, without even asking Dioquino to answer or oppose it. Which means that my motion for reconsideration was unopposed,” Rosal said.
