New Albay gov proclaimed as Comelec junks petition to stop it

The Manila Times

New Albay gov proclaimed as Comelec junks petition to stop it  Defeated gubernatorial candidate Rep. Joey Salceda (2nd District) of Albay tries to block the proclamation of Governor-elect Noel Rosal through his lawyer Rodolfo Bonafe on May 14, 2025, citing pending disqualification cases. Bonafe insisted that the candidate who garnered the second highest number of votes should be declared as the winner in the concluded local elections. But Rosal lawyer Gauttier Tumolva Dupaya cited technicalities and lack of evidence to the objection. Commission on Elections supervisor Lawyer Maria Aurea Bo-Bunao in Albay ditched Salceda's motion for lack of concrete basis under resolution 1002 Section 4 and proceeded with the proclamation on May 13. Rosal garnered 442,601 votes to Salceda's 432,013.   Video by Rhaydz Barcia  Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe  Visit our website at https://www.manilatimes.net     Follow us:  Facebook - https://tmt.ph/facebook  Instagram - https://tmt.ph/instagram  Twitter - https://tmt.ph/twitter  DailyMotion - https://tmt.ph/dailymotion    Subscribe to our Digital Edition - https://tmt.ph/digital    Check out our Podcasts:  Spotify - https://tmt.ph/spotify  Apple Podcasts - https://tmt.ph/applepodcasts  Amazon Music - https://tmt.ph/amazonmusic  Deezer: https://tmt.ph/deezer  Stitcher: https://tmt.ph/stitcher Tune In: https://tmt.ph/tunein   #themanilatimes #tmtnews #philippines

Transcript

00:00The senatorial candidate, Nuel Edelica Rochal, has obtained the highest number of votes.

00:09It is for this reason that we would like to manifest and enter into the records of this proceeding

00:18that the senatorial candidate, Ronsen Maviria Clemente Sanceda,

00:23manifest and formally move before this provincial board of canvassers a motion to suspend the proclamation of the veneratorial candidate, Nuel Edelica Rochal.

00:37On the primary ground, we see one to take notice of the import of a court of appeals decision which I cite in the records of this proceeding

00:52in the case of Nuel Rosal and Carmen de Rosal versus Adrienne Luterte.

01:05For the records of this proceeding, we see one to take notice.

01:10In said decision, it has upheld its earlier decision to deny the motion for reconsideration filed by the Rosales,

01:19who sought overturn a ruling that rejected their application for a temporary restraining order against the office of the Ombudsman.

01:29As we all know, Your Honours, this case involved a decision which dismissed the gubernatorial candidate from his position

01:40with the penalty, as we all know, that the penalty of dismissal from service is immediately executory.

01:48Relying on this pronouncement in this particular court decision correlating now with Cumulat Resolution 11102,

01:59promulgated January 22, 2025, specifically citing Section 34, Paragraph 1, Derog,

02:09which insistence provides that a disqualified candidate who obtained the highest number of votes shall not be proclaimed.

02:19Instead, the candidate who obtained the second highest number of votes shall be proclaimed.

02:26It is the Paragraph 1 of Section 34 that applies. What applies is the proviso under Paragraph 7.

02:36And for accuracy, I quote Your Honour, provided that in all instances where a decision or resolution of the position,

02:47either sitting in division or embarked, disqualifying a candidate or counselling or denying due force a certificate of candidacy,

02:56is presented before the Board of Congress, a certificate of finality issued by the Clerk of the Commission must be attached to said decision plus resolution.

03:10End of quote, Your Honour. That is only one of the requirements. There is another requirement, Your Honour.

03:17In the succeeding paragraphs, and I quote again, Your Honour,

03:23where a petition to deny due force or counsellor a certificate of candidacy, declare any reasons candidate or for disqualification,

03:33remains pending with the Commission on the day of converse,

03:38and no order of suspension or proclamation is issued by the Covenant and Bank or Division, where said petition is pending.

03:46The VOC shall proceed to proclaim the winner not mixed pending if there is slash are pending cases filed against him or her.

03:59Your Honour, I am not surprised that none of these two requirements were presented by the move-on.

04:08That is because it is not existing. The facts are, there is no certificate of finality and there is no order coming from the Committee.

04:20And lastly, Your Honour, this same resolution under Section 34, Your Honour, it also says,

04:29Three days before the convening of the VOC, the Clerk of the Commission shall furnish the VOC concern a list of final and executory cases with restraining order.

04:41We do not see any list, Your Honour, and the movement has not presented any list.

04:48I therefore respectfully pray that the motion to suspend proclamation be denied outright for utter lack of merit and to proceed with the proclamation of the winning candidate.

05:02Thank you, Your Honour.

05:34You

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