The Commission on Elections (COMELEC) on Friday clarified that the decision of its Second Division to cancel the certificate of candidacy (COC) of Albay Governor Noel Rosal is not yet final and executory.
COMELEC spokesperson John Rex Laudiangco said Rosal still has the right to file a motion for reconsideration (MR) before the poll body’s en banc within five days.
“The decision is not yet final and executory, may pagkakataon po si Mr. Rosal na i-elevate ang case and mag-appeal ng MR with the commission en banc. He has five days to do that otherwise, it will constitute to the cancellation of his COC and magiging final and executory,” Laudiangco explained.
He added that Rosal may exhaust all legal remedies available under due process.
“Sa ngayon po wala pong magaganap na pagbaba sa pwesto dahil hindi pa final and executory,” the spokesperson said, emphasizing that Rosal remains in office pending the appeal.
If the ruling becomes final, Laudiangco said the rule of succession could likely take effect.
Meanwhile, Rosal and his legal team expressed confusion over the Second Division’s ruling, describing it as premature.
“Hindi pa po ‘yan implementable, hindi pa po ‘yan executory. I-clear natin ‘yan sa en banc ng COMELEC, and I hope makita nila yan on the good of everyone. Mahirap po magsalita ng duda duda, ang gusto ko lang the rules shall prevail. Kung ano ang tama dapat ‘yun ang masunod,” Rosal said.
The embattled governor said he remains hopeful that the COMELEC en banc will carefully review the case and uphold fairness in its final decision.