REGIONAL
Advocates Philippines
Supreme Court Issues Status Quo Ante Order for Legazpi Mayor
Photo credit: Mayor Geraldine Rosal
The Supreme Court has issued a Status Quo Ante Order, which stops the disqualification of Legazpi City Mayor, Carmen Geraldine Rosal, by the Commission on Elections (COMELEC).
The order requires the parties to observe the status quo that was prevailing before the issuance of the COMELEC resolutions on October 4, 2022, and May 4, 2023, which disqualified Rosal and directed the Special City Board of Canvassers to proclaim the second placer, Alfredo A. Garbin Jr., as the duly-elected mayor of Legazpi City.
The Supreme Court acted on two petitions for certiorari under Rule 65 in relation to Rule 64 of the Rules of Court assailing the COMELEC Resolutions. One of the petitions prayed for a status quo ante order, a temporary restraining order, and/or a writ of preliminary injunction directing the COMELEC to maintain the status quo before the issuance of the assailed resolutions. The other petition sought a temporary restraining order and/or writ of preliminary injunction preventing the COMELEC from enforcing its resolutions proclaiming Garbin as mayor.
The Court consolidated the two petitions and required the respondents, which include the COMELEC, Garbin, Armogila, Rosal, and Cristobal, to file a consolidated comment within a non-extendible period of ten days from notice. The order was given by the authority of Acting Chief Justice Marvic M.V.F. Leonen upon the written recommendation of the Member-in-Charge.
Armogila filed a petition for disqualification against Rosal before the COMELEC on the grounds of vote buying under Section 68(a) of the Omnibus Election Code and violation of the prohibition on release, disbursement, and expenditure of public funds under Section 261(v) of the same law. Rosal was very confident that the Supreme Court will not allow the flip-flopping and highly erroneous decision of the COMELEC to remove her from office.
Rosal also expressed her gratitude to the Supreme Court and her supporters in a Facebook post. She emphasized that the inconsistencies of the COMELEC's decision to disqualify her were evident, and the Supreme Court found their motion to stop the implementation of the decision justifiable and valid. She believes that the will of the people should always be respected, and any doubts should be resolved in their favor.
The Supreme Court's order brings temporary relief to Mayor Rosal, who will continue to serve as the Mayor of Legazpi City while the consolidated petitions are under review.
The order requires the parties to observe the status quo that was prevailing before the issuance of the COMELEC resolutions on October 4, 2022, and May 4, 2023, which disqualified Rosal and directed the Special City Board of Canvassers to proclaim the second placer, Alfredo A. Garbin Jr., as the duly-elected mayor of Legazpi City.
The Supreme Court acted on two petitions for certiorari under Rule 65 in relation to Rule 64 of the Rules of Court assailing the COMELEC Resolutions. One of the petitions prayed for a status quo ante order, a temporary restraining order, and/or a writ of preliminary injunction directing the COMELEC to maintain the status quo before the issuance of the assailed resolutions. The other petition sought a temporary restraining order and/or writ of preliminary injunction preventing the COMELEC from enforcing its resolutions proclaiming Garbin as mayor.
The Court consolidated the two petitions and required the respondents, which include the COMELEC, Garbin, Armogila, Rosal, and Cristobal, to file a consolidated comment within a non-extendible period of ten days from notice. The order was given by the authority of Acting Chief Justice Marvic M.V.F. Leonen upon the written recommendation of the Member-in-Charge.
Armogila filed a petition for disqualification against Rosal before the COMELEC on the grounds of vote buying under Section 68(a) of the Omnibus Election Code and violation of the prohibition on release, disbursement, and expenditure of public funds under Section 261(v) of the same law. Rosal was very confident that the Supreme Court will not allow the flip-flopping and highly erroneous decision of the COMELEC to remove her from office.
Rosal also expressed her gratitude to the Supreme Court and her supporters in a Facebook post. She emphasized that the inconsistencies of the COMELEC's decision to disqualify her were evident, and the Supreme Court found their motion to stop the implementation of the decision justifiable and valid. She believes that the will of the people should always be respected, and any doubts should be resolved in their favor.
The Supreme Court's order brings temporary relief to Mayor Rosal, who will continue to serve as the Mayor of Legazpi City while the consolidated petitions are under review.
May 12, 2023
