In a statement, Comelec Spokesperson John Rex Laudiangco said that the Commission en banc has issued a Certificate of Finality and Entry of Judgment on the November 18 decision disqualifying Rosal from running as Albay governor.
“In view of the foregoing, the Resolution of the Commission (En Banc) issued on 18 November 2022 is hereby declared final and executory under the Comelec Rules of Procedure,” said Laudiangco.
He said a writ of execution is already set to be issued “forthwith” to the Department of the Interior and Local Government (DILG).
“A writ of execution duly issued will be implemented to remove the respondent from office,” Laudiangco said.
According to the poll official, the certificate of dinality and entry of judgment were issued as there was no Temporary Restraining Order (TRO) or Preliminary Injunction issued by the Supreme Court (SC) against the commission.
“No restraining order has been issued by the Supreme Court within five days from receipt of the parties of the Resolution that would preclude the 18 November 2022 Resolution of this Commission (En Banc) from being final and executory,” said Laudiangco.
The Comelec First Division on September 19 ruled in favor of the petition of Joseph San Juan Armogila accusing Rosal of violating the 45-day spending ban under the Omnibus Election Code (OEC).
On November 18, the Comelec en banc denied the appeal of Rosal after finding “no cogent reason to reverse” the decision of the First Division.
In a petition dated November 21, Rosal has asked the Supreme Court to issue an injunction or a status quo ante order to stop the enforcement of the Comelec decision disqualifying him as a gubernatorial candidate in the last elections. (HDT/SunStar Philippines)