Comelec affirms Albay governor’s disqualification

MANILA, Philippines — The Commission on Elections en banc has junked the motion filed by Albay Gov. Noel Rosal to reconsider the decision of the Comelec’s first division to disqualify him for violating the  45-day spending ban in the May elections.

In a three-page resolution promulgated on Friday, the poll body said Rosal did not raise new matters or issues in his motion for reconsideration and failed to establish that the decision of the first division was based on insufficient evidence or contrary to law.

“After a judicious review of the instant motion for reconsideration, we find no cogent reason to reverse the findings of the commission,” the Comelec said, referring to the first division’s ruling on Sept. 19.

“The en banc’s decision is final, but has yet to become final and executory. Gov. Rosal may elevate the matter to the SC (Supreme Court) via a seasonably filed petition for certiorari,” Comelec spokesman Rex Laudiangco said.

Rosal has yet to respond to the Comelec’s resolution.

Rosal’s disqualification stemmed from the distribution of financial assistance to tricycle drivers on March 31 and senior citizens on April 2.

His wife Geraldine, the mayor of Legazpi City, was  also disqualified over the same offense.

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