Comelec Decision on Gov. Rosal's Disqualification Likely to Be Reversed, Says Atty. Macalintal

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Comelec Decision on Gov. Rosal's Disqualification Likely to Be Reversed, Says Atty. Macalintal
Legazpi City, Philippines – Renowned election lawyer Atty. Romulo Macalintal on a facebook post of Governor Noel E Rosal has stated that the recent decision by the Comelec Second Division to disqualify Rosal is likely to be overturned by the Comelec En Banc.
 
The Comelec Second Division's decision was based on a 2022 resolution from the Ombudsman that dismissed Rosal from service due to an administrative case. However, Atty. Macalintal points out that this resolution has since been modified by the Court of Appeals.
 
"The Court of Appeals recently downgraded the Ombudsman's dismissal order to a mere one-year suspension," Atty. Macalintal explained. "This crucial decision was not yet available to the Comelec Second Division when they issued their ruling to disqualify Governor Rosal."
 
Atty. Macalintal argues that with the dismissal order no longer in effect, the grounds for Rosal's disqualification have been nullified. "The very basis for the disqualification – the dismissal from service – no longer exists. Therefore, there is no legal basis to prevent Governor Rosal from holding office."
 
Furthermore, Atty. Macalintal asserts that the Court of Appeals' ruling renders moot the issue of alleged misrepresentation by Rosal when he filed his Certificate of Candidacy (COC) for Governor of Albay in the May 2025 elections.
 
"The issue of misrepresentation was tied to the dismissal order. With that order now modified, the argument of misrepresentation falls apart," Atty. Macalintal stated.
 
The case is now expected to move to the Comelec En Banc for review. Atty. Macalintal's statement provides a strong indication that the initial disqualification ruling may not stand. The final decision by the Comelec En Banc will have significant implications for the political landscape of Albay.

📸Gov. Noel E. Rosal FB

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|Nel Adtoon Simpleng Duon Bicol Net TV maestroneladtoon@gmail.com

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