In a press statement by the Commission on Elections, the COMELEC en banc denied the Motion for Reconsideration filed by Albay Governor Noel E. Rosal in the Petition for Disqualification filed against him by Joseph San Juan Armogila.
The COMELEC en banc resolution denying the motion was promulgated today, November 18, which says that it has “found no cogent reason to reverse the findings” of the COMELEC First Division, as the said MR “neither contains any new matter or issues, nor was it able to establish that the Assailed Resolution was based on insufficient evidence to that the same is contrary to law”.
It can be recalled that Rosal was found to have violated Section 261 (v) Omnibus Election Code which prohibits the release, disbursement or expenditure of public funds during the 45-day election ban.
However according to Atty. John Rex Laudiangco, COMELEC Spokerson, Governor Rosal has the option to elevate the matter to the Supreme Court via Petition for Certiorari. He will stay in office until such time that the COMELEC’s decision becomes final and executory either by his failure to file a petition for certiorari to the SC or via decision of the SC affirming the COMELEC en banc decision.
In either case, a certificate of finality and a writ of execution will be issued.