By Benjamin Pulta
MANILA – The Court of Appeals (CA) has turned down the motion for reconsideration filed by former Albay governor Noel Rosal and his spouse Carmen Rosal seeking to be allowed to run in the midterm elections amid a ruling by the Office of the Ombudsman against them in a case.
“We reiterate that Ombudsman decisions in administrative cases are immediately executory pending appeal and may not be stayed by the filing of an appeal or the issuance of an injunctive writ,” the court said in a three-page resolution dated March 28.
“(P)etitioners failed to show a clear and unmistakable right to be protected because the fact that they were elected into office does not entitle them to a TRO (temporary restraining order) as there is no absolute right to hold office.”
A copy of the CA ruling has been forwarded to the Commission on Elections (Comelec).
Rosal was elected governor of Albay in the May 2022 elections but was dismissed from service by the Ombudsman after finding him guilty of grave misconduct, oppression, and conduct prejudicial to the best interest of the service.
In a decision dated August 29, 2024, the Ombudsman also barred him holding any public office.
Rosal claimed that he should be allowed to run for office in the 2025 elections during the pendency of his appeal of the ruling.
In October 2024, Rosal filed his certificate of candidacy seeking a new term as governor of Albay, but was disqualified due to Comelec Resolution No. 11044-A, which bars dismissed public officials with perpetual disqualification from holding public office from filing a certificate of candidacy
In January this year, the Supreme Court issued a TRO stopping the Comelec from enforcing the disqualification of Rosal. (PNA)
