Manila: The Court of Appeals (CA) has rejected the appeal filed by former Albay governor Noel Rosal and his wife, Carmen Rosal, to participate in the upcoming midterm elections. This decision comes in light of a ruling by the Office of the Ombudsman against them.
According to Philippines News Agency, the CA emphasized in a three-page resolution dated March 28, that decisions made by the Ombudsman in administrative cases are effective immediately, even when under appeal, and cannot be delayed by filing an appeal or seeking an injunctive writ. The court stated, "Petitioners failed to show a clear and unmistakable right to be protected because the fact that they were elected into office does not entitle them to a TRO (temporary restraining order) as there is no absolute right to hold office."
The CA ruling has been forwarded to the Commission on Elections (Comelec) for further action. Noel Rosal, who was elected as governor of Albay in the May 2022 elections, was removed from office by the Ombudsman after being found guilty of grave misconduct, oppression, and conduct prejudicial to the best interest of the service.
The Ombudsman, in a decision dated August 29, 2024, also prohibited Rosal from holding any public office. Despite this, Rosal argued that he should be allowed to run for office in the 2025 elections while his appeal is pending.
In October 2024, Rosal filed his certificate of candidacy for another term as governor of Albay, but was disqualified due to Comelec Resolution No. 11044-A. This resolution prevents dismissed public officials with a perpetual disqualification from holding public office from filing a certificate of candidacy.
In January this year, the Supreme Court issued a temporary restraining order (TRO) that halted Comelec from enforcing Rosal's disqualification. However, the recent CA decision maintains the stance that the Ombudsman's ruling remains in effect.