The Supreme Court (SC) on Tuesday required the Commission on Elections (Comelec) to file its comment on the petition filed by Albay Gov. Noel Rosal seeking to enjoin the Comelec from implementing its resolution disqualifying him from his post.
The order, which was approved yesterday, gave the Comelec and private respondent Joseph San Juan Armogila 10 days within which to comment on Rosal’s petition for certiorari and application for the issuance of a status quo ante order (SQAO)/temporary restraining order (TRO) and/or writ of preliminary injunction.
In his petition filed on November 21, 2022, Rosal sought for the issuance of an SQAO or a TRO to stop the enforcement of the Comelec’s resolution issued on November 18, 2022.
It can be recalled that the Comelec’s first division ruled last September 19 that Rosal violated Section 261 of the Omnibus Election Code (OEC) on the 45-day spending ban in the May 9, 2022 elections.
The complaint against Rosal was filed by Armogila.
Rosal appealed the Comelec’s first division resolution before the Comelec en banc but the latter denied the same in a resolution issued on November 18.
This prompted Rosal to seek refuge before the SC, accusing the Comelec of depriving him of his “constitutional right todue process” after the poll body denied his motion to reset “hearing on the preliminary
conference despite justifiable grounds.”
Rosal’s camp also said that Comelec had issued the disqualification ruling based on “mere allegations” and despite the failure of Armogila to “adduce evidence” that the governor had actually disbursed funds
during a period specified by the Omnibus Election Code.
