The Commission on Elections (Comelec) en banc affirmed the disqualification of Carmen Geraldine Rosal as a candidate for mayor of Legazpi City, Albay during the May 9, 2022 elections. ManilaBulletin
In a 17-page resolution promulgated on Thursday, May 4, the seven-member en banc affirmed the ruling of its 2nd Division dated Oct. 4, 2022, disqualifying Rosal based on finding her liable for violating Section 261 of the Omnibus Election Code , which prohibits the release, disbursement, or expenditure of public funds 45 days before Election Day.
The disqualification case was filed by Joseph San Juan Armogila against Rosal over her participation in the two-day Tricycle Driver's Cash Assistance Payout in the city on March 31, 2022.It noted that a Facebook post about the activity thanked Rosal and referred to her as "Mayor Gie Rosal," when she was not the incumbent mayor at the time, in an apparent reference to the position she was then running for.
“All things considered, this Commission is convinced that Respondent gave money in order to influence, induce, or corrupt the tricycle drivers concerned. Petitioner is found to have sufficiently proved his case by the requisite Substantial Evidence,” the Comelec added.On the other hand, the Commission en banc ruling noted that Rosal cannot be held accountable for violating 261 of the OEC because the prohibition applies only to public officials or employees.
After the decision, the Comelec en banc resolved to proclaim Alfredo Garbin Jr. as the duly elected mayor of Legazpi City for garnering the second-highest number of votes during the 2022 National and Local Elections.
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