Rosal has 5 days to file an MR
September 20, 2022 - Tuesday 6:09 PM by Angelo Espino
Albay governor Noel Rosal has five days 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.
According to acting Comelec spokesperson John Rex Laudiangco, the respondent on the disqualification case has five days upon receipt of the Division's resolution promulgated on September 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 (5) days from the promulgation thereof," he said in a statement.
The poll body official also noted that the decision of Commissioners Socorro Inting and Aimee Ferolino is not yet final.
"This considering, as of writing, the Resolution is not yet final and executory, subject to the Rules of Procedure," he added.
On the other hand, Laudiangco was asked if they could remove Rosal from his position, he said, "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.
The violation is in connection with Rosal providing cash assistance to Tricycle Drivers and Senior Citizens sometime in April 2022, during the Prohibition period against the release, disbursement, or expenditure of public funds, which is within forty-five days before May 9, 2022, National and Local Elections.
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