The Commission on Elections (Comelec) First Division’s ruling disqualifying Albay Governor Noel Rosal is not yet final and executory, Comelec chairman George Garcia said Tuesday.
“It’s still subject to a motion for reconsideration. And under the Comelec rules of procedure, the losing party has the right to file a motion for reconsideration within a period of five days from the receipt of such a decision,” Garcia said in an interview on ANC.
Rosal has five days or until Sept. 24 to file a motion for reconsideration on the decision of the Commission on Elections (Comelec) First Division granting the disqualification case filed against him by Joseph San Juan Armogila.
Acting Comelec spokesperson John Rex Laudiangco said Tuesday the respondent on the disqualification case has five days upon receipt of the resolution of the Division, promulgated on Sept. 19, to appeal the decision.
“Under Section 2 of Rule 19, Part IV of the Comelec Rules of Procedure, a motion to reconsider a decision, resolution, order, or ruling of a Division may be filed within five days from the promulgation thereof,” he said in a statement.
“This considering, as of writing, the Resolution is not yet final and executory, subject to the Rules of Procedure,” he added.
Given this circumstance, Laudiangco said they cannot remove Rosal yet from his post.
“Technically what we are saying is that with the decision not having yet attained the status of being final and executory, the Commission cannot, as of this time, the requisite Certificate of Finality which is required prior to the issuance of a Writ of Execution to implement the resolution. To put it otherwise, we cannot yet remove him from office and implement the disqualification without a Certificate of Finality and a corresponding Writ of Execution,” he added.
On Monday, the First Division granted the period of Armogila for violating Section 261 (v) of the Omnibus Election Code.
This stemmed from Rosal’s alleged distribution of cash assistance to tricycle drivers and senior citizens sometime in April, ahead of the May 9 elections.
Under the law, the release, disbursement, or expenditure of public funds within 45 days before any elections is prohibited.