The Commission on Elections (Comelec) en banc has disqualified Legazpi Mayor Carmen Geraldine Rosal for violating a ban on government payouts within the 45-day campaign period in the last May 2022 elections.
In a 19-page decision, the Comelec also declared Alfredo A. Garbin Jr., the second placer in the May 2022 elections, the duly-elected mayor of Legazpi City.
“Respondent is found to have given money to influence, induce, or corrupt the voters, as described in Section 68 (a) in relation to Section 261 (a)(1) of the Omnibus Election Code.
“Respondent is hereby disqualified from being a candidate for Mayor of Legazpi City, Albay for the 9 May 2022 National and Local Elections. Pursuant to relevant rules and applicable jurisprudence, the 2nd placer, Alfredo A. Garbin Jr., is hereby declared the duly-elected Mayor of Legazpi City,” reads the ruling of the Comelec en banc. Vito Barcelo
The decision was signed by Comelec Chairman George Erwin M. Garcia, and Commissioners Socorro B. Inting, Marlon S. Casquejo, Aimee P. Ferolino, Rey E. Bulay, Ernesto Ferdinand P. Maceda Jr., and Nelson J. Celis. Ferolino and Maceda wrote separate but agreeing opinions.
With his signature, Casquejo wrote, “I concur and join the separate opinion of Comm. Maceda re: factual determination of grounds for disqualification.”
The Comelec en banc also instructed the Special City Board of Canvassers of Legazpi City to convene within 10 days and proclaim Garbin as duly elected mayor. It likewise ordered that the records of the case be forwarded to the Comelec law department for “possible institution of an election case against” Rosal.
The case stemmed from the distribution of P2,000 cash assistance to tricycle drivers during a 2-day payout held on 31 March 2022. On 11 April 2022, petitioner Joseph San Juan Armogila asked Comelec to disqualify Rosal, saying the payout violated election laws.
He cited the Facebook post of an Al Barizo dated 31 March 2022, when Rosal conducted a 2-Day Tricycle Drivers’ Cash Assistance Payout at the Fishport of Legazpi.
The Facebook post read: “Thank you Governor Noel E. Rosal, Mayor Gie Rosal, VM Bobby Cristobal, the incumbent and aspiring councilors. Salamat man sa TODA sa suporta asin marhay na kooperasyon!”
Petitioner Armogila also attached sworn statements by tricycle drivers Roderick O. Buban and Leomar Aringo, with screenshots of text messages on the cash assistance payout; a video recording of payees; and the payout schedule for each barangay.
