Manila: Former Albay Governor Noel Rosal has filed a petition before the Supreme Court questioning a resolution by the Commission on Elections (Comelec) barring him from seeking an elective office after being perpetually disqualified by an order of the Ombudsman, even while his appeal is still pending. In his 39-page petition for certiorari and prohibition, Rosal argued that 'existing jurisprudence or decisions of the Supreme Court and even existing Comelec policy have been very consistent in previous elections that the said penalty of perpetual disqualification applies only once the decision of the Ombudsman becomes final and executory.' On Sept. 4, 2024, Rosal received a copy of the June 2024 resolution from the Ombudsman dismissing him from service. He filed an appeal before the Court of Appeals on Sept. 16, 2024, which is now pending with the court's Seventeenth Division. Hence, he pointed out, the Ombudsman decision is not yet final and executory. Rosal filed his certificate of candidacy to reclaim his old post on Oct. 3. Citing precedent cases, the petition claimed that while the order of dismissal is immediately executory, 'the penalty of perpetual disqualification applies only in case of final judgment and in criminal cases' and not when the Ombudsman decision is pending appeal before the Court of Appeals or Supreme Court. Rosal's lawyer also argued that the power of Comelec to disqualify a candidate cannot be done in an administrative proceeding through its Law Department 'since it is not within the administrative power of the Comelec.' 'By referring a disqualification case to its Law Department there is that imminent and clear danger that such candidate will be deprived of his right to due process because Comelec will act the incompatible roles of complainant, judge and prosecutor, since its Law Department has no choice but to comply with the directive of its superior to forthwith cancel the certificate of candidacy of the candidate', the petition said. 'And when that happens, then Rosal faces the clear and imminent danger of being deprived of his right of suffrage as there is that danger that his name may not be included in the official ballots while he is seeking further legal remedies,' the petition said. Source: Philippines News agency