Ex-Albay gov asks SC to nullify Comelec disqualification rule

The Supreme Court building in Manila —File photo by Niño Jesus Orbeta | Philippine Daily Inquirer

MANILA, Philippines — Former Albay Gov. Noel Rosal has filed a petition before the Supreme Court seeking to nullify a resolution of the Commission on Elections (Comelec) barring him from running for public office due to an administrative case despite his having a pending appeal.

Rosal was dismissed in an administrative case by the Office of the Ombudsman, which imposed an accessory penalty of perpetual disqualification from holding public office.

Rosal appealed his dismissal, which is still pending before the Court of Appeals.

In his petition, Rosal — who has filed his certificate of candidacy for his old post — seeks to invalidate Resolution No. 11044-A, which bars a former public official like him from running for public office.

“Existing jurisprudence or decisions of the Supreme Court, and even existing Comelec policy have been very consistent in previous elections that the said penalty of perpetual disqualification applies only once the decision of the Ombudsman becomes final and executory,” Rosal said, through his lawyer, Romulo Macalintal.

Article continues after this advertisement

“While the order of dismissal is immediately executory, the penalty of perpetual disqualification as held in various cases and Comelec’s own policy citing the 2013 case of Jalosjos vs. Comelec applies only in case of final judgment and in criminal cases and not when the Ombudsman decision is pending appeal before the Court of Appeals or Supreme Court,” Rosal’s petition reads.

Article continues after this advertisement

Macalintal added that the Comelec could not disqualify a candidate through administrative proceedings of its law department “since it is not within the administrative power of the Comelec, but rather, it calls for the exercise of its quasi-judicial functions through its Division or en banc.”

“By referring a disqualification case to its Law Department there is that imminent and clear danger that such candidate will be deprived of his right to due process because Comelec will act the incompatible roles of complainant, judge, and prosecutor, since its Law Department has no choice but to comply with the directive of its superior to forthwith cancel the certificate of candidacy of the candidate”, the petition said.

It added that “when that happens, then Rosal faces the clear and imminent danger of being deprived of his right of suffrage as there is that danger that his name may not be included in the official ballots while he is seeking further legal remedies.”

The Jalosjos vs. Comelec case cited in the petition is a Supreme Court ruling stating that “COMELEC is under a legal duty to cancel the certificate of candidacy of anyone suffering from the accessory penalty of perpetual special disqualification to run for public office by virtue of a final judgment of conviction.”