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COMELEC Upholds Disqualification Of Legazpi City Mayor Geraldine Rosal
Photo credit: Legazpi Mayor Carmen Geraldine Rosal
The Commission on Elections (COMELEC) has upheld the disqualification of Carmen Geraldine Rosal as candidate for Mayor of Legazpi City during the 2022 National and Local Elections, due to her involvement in an alleged vote-buying incident.
In a resolution dated May 4, 2023, the COMELEC found Rosal guilty of violating Section 68(a) of the Omnibus Election Code (OEC), which prohibits giving money to influence, induce, or corrupt voters.
Rosal did not deny her presence during the "2-Day Tricycle Driver's Cash Assistance Payout" conducted on March 31, 2022, as seen in a Facebook post about the activity that referred to her as "Mayor Gie Rosal" despite not being an incumbent mayor at the time. The post showed campaign paraphernalia, including T-shirts and hats bearing the candidates' names, being displayed at the event.
In its resolution, the COMELEC en banc concluded that Rosal was one of the individuals who gave cash assistance to influence or induce voters to support her candidacy for mayor. As a result, the commission disqualified her and declared Alfredo A. Garbin, Jr., who garnered the second highest number of votes, as the duly-elected Mayor of Legazpi City.
The COMELEC en banc also dismissed the earlier finding that Rosal violated Section 261(v) of the OEC, which prohibits the release, disbursement, or expenditure of public funds forty-five days prior to election day. The commission clarified that the prohibition only applies to incumbent public officials or employees, and since Rosal was not in public office during the prohibited period, she cannot be held liable for violating the said section.
The decision of the COMELEC en banc emphasizes its commitment to ensuring the integrity of the electoral process and upholding fair and honest elections. It serves as a reminder to candidates and voters alike that vote-buying and other election-related offenses will not be tolerated and will be met with the full force of the law.
In a resolution dated May 4, 2023, the COMELEC found Rosal guilty of violating Section 68(a) of the Omnibus Election Code (OEC), which prohibits giving money to influence, induce, or corrupt voters.
Rosal did not deny her presence during the "2-Day Tricycle Driver's Cash Assistance Payout" conducted on March 31, 2022, as seen in a Facebook post about the activity that referred to her as "Mayor Gie Rosal" despite not being an incumbent mayor at the time. The post showed campaign paraphernalia, including T-shirts and hats bearing the candidates' names, being displayed at the event.
In its resolution, the COMELEC en banc concluded that Rosal was one of the individuals who gave cash assistance to influence or induce voters to support her candidacy for mayor. As a result, the commission disqualified her and declared Alfredo A. Garbin, Jr., who garnered the second highest number of votes, as the duly-elected Mayor of Legazpi City.
The COMELEC en banc also dismissed the earlier finding that Rosal violated Section 261(v) of the OEC, which prohibits the release, disbursement, or expenditure of public funds forty-five days prior to election day. The commission clarified that the prohibition only applies to incumbent public officials or employees, and since Rosal was not in public office during the prohibited period, she cannot be held liable for violating the said section.
The decision of the COMELEC en banc emphasizes its commitment to ensuring the integrity of the electoral process and upholding fair and honest elections. It serves as a reminder to candidates and voters alike that vote-buying and other election-related offenses will not be tolerated and will be met with the full force of the law.
May 5, 2023
