THE Commission on Elections (Comelec) affirmed on Friday, May 5, 2023, the disqualification of Carmen Geraldine Rosal as a candidate for mayor of Legazpi City during the May 2022 polls, and in the process named her immediate replacement.
In a 17-page decision, the Comelec en banc ruled to disqualify Rosal and ordered the proclamation of second placer Alfredo Garbin Jr. as the new mayor of Legazpi City.
"Respondent is hereby disqualified from being a candidate for Mayor of Legazpi City, Albay for the 9 May 2022 National and Local Elections," said the Comelec.
"Pursuant to relevant rules and applicable jurisprudence, the 2nd placer, Alfredo A. Garbin, Jr., is hereby declared the duly-elected Mayor of Legazpi City," it added.
The poll body, in partially affirming the ruling of its Second Division in October 2022, said it found Rosal liable for giving money to influence, induce or corrupt the voters.
It is referring to the conduct of the two-day Tricycle Driver's Cash Assistance Payout in the city on March 31, 2022, wherein Rosal was among those acknowledged as the "giver" in social media posts.
"During the conduct of the Cash Assistance Pay-out, herein Respondent was not an incumbent mayor. However, the Facebook post notably referred to her as Mayor Gie Rosal, in apparent reference to the position she was vying for at that time: Mayor of Legazpi City, Albay," stated the ruling dated May 4.
"There can be no other reasonable inference from this Facebook post than that herein Respondent gave the cash assistance to the tricycle drivers in order to influence or induce them to support her candidacy for mayor," it added.
Aside from Facebook posts acknowledging her supposed role in the activity, the Comelec also pointed out how several election paraphernalia of the mayoral bet were present in the venue.
It pointed out how individuals were seen wearing campaign t-shirts and hats bearing the name of the candidate during the event.
"That the Cash Assistance Payout was an activity intended to induce the voters to vote for herein Respondent likewise became more manifest with the display of election paraphernalia during the said event," said the Comelec.
"Clearly, this fact only bolsters the theory that the Cash Assistance Payout was designed to induce the tricycle drivers to vote in favor of herein Respondent in the coming polls," it added.
With the disqualification of Rosal, the Comelec ordered the Special City Board of Canvassers of Legazpi City to proclaim Garbin as elected mayor of the city.
This, it said, is in accordance with Supreme Court (SC) rulings on disqualification cases of winning candidates.
"When there are participants who turn out to be ineligible, their victory is voided and the laurel is awarded to the next in rank," Comelec said.
"On account of these pronouncements by the Supreme Court and considering Respondent Rosal's disqualification, it is only fitting to declare the one who received the second highest number of votes -- herein Petitioner-Intervenor Garbin -- as the duly-elected Mayor of Legazpi City," the Comelec added.
In an interview, Comelec spokesman John Rex Laudiangco said the ruling of the commission en banc will be final and executory five days from service if there is no temporary restraining order (TRO) issued by the Supreme Court.
"Absent a TRO, on May 10, the Resolution will already be final and executory," said Laudiangco. (HDT/SunStar Philippines)