Photo: Comelec/FB

MANILA, Philippines — The Commission on Elections (Comelec) En Banc has affirmed the cancellation of the Certificate of Candidacy (COC) of fNoel Rosal for the position of governor of Albay in the 2025 National and Local Elections. 

This decision, dated January 7, rejected Rosal’s motion for reconsideration, which sought to overturn the Comelec Second Division’s ruling on December 27, 2024.

In its statement on Wednesday, the Comelec En Banc said that Rosal’s disqualification was grounded on multiple legal bases, including his prior dismissal from public service and the accessory penalties that bar him from holding public office. 

“The Commission found no merit in the arguments raised by Noel Rosal, as his motion for reconsideration merely rehashed positions already discussed and addressed,” Comelec said.

Comelec noted that Rosal was disqualified under Section 40(b) of the Local Government Code (LGC), which prohibits individuals dismissed from public service due to grave misconduct or other administrative violations from seeking elective office. 

The decision cited a 2024 Ombudsman ruling, which found Rosal guilty of grave misconduct, oppression, and conduct prejudicial to the best interest of the service. This ruling carried penalties of dismissal, perpetual disqualification from holding public office, and cancellation of eligibility.

“The fact that Noel Rosal was dismissed from service disqualifies him under Section 40(b) of the LGC,” the En Banc said.

“This is further supported by COMELEC Resolution No. 11046, which disqualifies a candidate for lacking qualifications or possessing grounds for disqualification under the law or the Constitution,” it said.

The Second Division had earlier clarified that the disqualification was not due to administrative cancellation of the COC but to clear violations of the law.

“The petition was granted not because of administrative cancellation under COMELEC Resolution No. 11044-A, but due to factual grounds for disqualification,” the Second Division noted in its December ruling.

Rosal’s penalty stemmed from a June 2024 Ombudsman resolution, which found him guilty of serious administrative offenses. 

“The order of dismissal from service carries with it the accessory penalties of perpetual disqualification to hold public office,” the resolution read.

The En Banc further said that penalties tied to administrative cases are immediately executory and cannot be stayed by a mere motion for reconsideration.

“The law is clear, and this decision reflects our commitment to upholding integrity and adherence to the rule of law in public office,” the Comelec said.

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