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Supreme Court stops Comelec from disqualifying Rosal as Legazpi Mayor
Supreme Court stops Comelec from disqualifying Rosal as Legazpi Mayor
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Supreme Court stops Comelec from disqualifying Rosal as Legazpi Mayor
by Ellicia Del Mundo12 May 2023
Photo courtesy: Geraldine Rosal Facebook

The Supreme Court (SC) issued on Thursday, May 11 a status quo order which temporarily stopped the Commission on Election (Comelec) from disqualifying Geraldine Rosal as a mayoral candidate of Legazpi City, Albay in the 2022 national and local elections.

With the issued status quo order, Rosal is reinstated from her post while the proclamation of second placer, Alfredo Garbin Jr. as the new Albay City Mayor has been taken back

In a press release, the higher court said it acted on the two separate petitions for certiorari.

"The petitions prayed, among others, that the Court issue (1) a status quo ante order, a temporary restraining order (TRO), and/or a writ of preliminary injunction (WPI) directing the COMELEC to maintain status quo prevailing before the issuance of the assailed Resolution," SC said.

The said petitions also sought for "TRO and/or WPI preventing the COMELEC from enforcing its resolutions proclaiming the second placer, Garbin, as mayor of Legazpi City."

The higher court said the status quo was issued with the authority of acting Chief Justice Marvic Leonen upon the recommendation of the higher court en banc.

The SC also ordered that the two petitions be properly consolidated, and it required both respondents Garbin, Armogila, Rosal, and Vice Mayor Bobby Cristobal to file consolidated comments within 10 days.

Meanwhile, in a statement, the poll body said it will abide by the decision of the higher court.

"Said compliance of COMELEC with established processes guarantee all parties to the case the opportunity to avail all legal remedies under our jurisdiction," it said.

On Tuesday, the Comelec en banc issued a certificate of finality and entry of judgment on Comelec Second Division's earlier ruling that Rosal is disqualified for violating Section 68 (a) of the Omnibus Election Code which prohibits giving "money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions."

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