Comelec disqualifies Albay gov for violating public spending ban

MANILA, Philippines — Four months after he was elected, Albay Gov. Noel Rosal was disqualified by the First Division of the Commission on Elections (Comelec) for violating the public spending ban weeks before the May 2022 national and local elections.

In a 10-page decision promulgated yesterday, the Comelec said that Rosal violated Section 261 of the Omnibus Election Code when he distributed financial assistance to tricycle drivers on March 31, 2022 and senior citizens on April 2, 2022.

The case stemmed from the petition for disqualification filed by defeated Legazpi City councilor candidate Joseph Armogila against Rosal, who was then the city mayor of Legazpi, running for governor during the May 9 polls.

Under Section 261 of the Omnibus Election Code, the release of public funds during the 45-day period prior to a regular election and 30 days before a special election is strictly prohibited except for maintenance of existing public works, emergency works due to a public calamity, among others.

Rosal admitted before the Comelec about the distribution of financial assistance to tricycle drivers and elderly as he emphasized that it was included in the 2020-2022 Medium Term Public Investment Program (MTPIP) of Legazpi City.

But the Comelec said that the law prohibits the release, disbursement and expenditure of public funds for all social welfare and development projects and activities except for salaries of personnel, routine and normal expenses and other expenses authorized by the Comelec.

The Comelec emphasized that the distribution of financial assistance to tricycle drivers and senior citizens is a “social welfare and development activity that is covered by the prohibition.”

“The Commission (First Division) cannot assent to (Rosal’s) assertion that the cash assistance is exempted from the prohibition since the activity is just a continuation of what has already been started since 2021. Nowhere in the law does it state that a continuing social welfare and development project is excluded from the prohibition nor exempted thereof,” the Comelec said.

“All told, the conducted pay-out of cash assistance to the tricycle drivers and senior citizens within the 45-day ban is not an exempted activity and was not given an exemption by the Commission, hence, (Rosal) violated Section 261 (v) of the OEC,” it added.

While the Comelec disqualified Rosal, it clarified, however, that the distribution of financial assistance to tricycle drivers and senior citizens does not constitute an act of vote-buying as asserted by Armogila, as it emphasized that the evidence presented is “devoid of merit.”

Comelec spokesman Rex Laudiangco told reporters in a Viber message yesterday that the decision of the First Division “may be final but it has yet to attain status of being final and executory” as he emphasized that Rosal can still file for a temporary restraining order before the en banc.