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Albay gov disqualified for viol public spending ban

By J.Lo

"The Commission First Division cannot assent to Rosal's assertion that cash assistance is exempted from prohibition since activity is just continuation of what has already been started since 2021…nowhere in the law does it state that continuing social welfare and development project is excluded from prohibition nor exempted thereof," Commission on Elections (Comelec) said four months after he was elected, Albay Gov. Noel Rosal was disqualified by the First Division of Comelec for violating public spending ban weeks before May 2022 national and local elections. In 10-page decision promulgated earlier, Comelec said Rosal violated Section 261 of Omnibus Election Code when he distributed financial assistance to tricycle drivers on March 31, 2022 and senior citizens on April 2, 2022. The case stemmed from petition for disqualification filed by defeated Legazpi City councilor candidate Joseph Armogila against Rosal, who was then the city mayor of Legazpi, running for governor during May 9 polls.

Under Section 261 of the Omnibus Election Code, the release of public funds during 45-day period prior to regular election and 30 days before special election is strictly prohibited except for maintenance of existing public works, emergency works due to public calamity, among others.

Rosal admitted before Comelec about distribution of financial assistance to tricycle drivers and elderly as he emphasized that it was included in the 2020-2022 Medium Term Public Investment Program (MTPIP) of Legazpi City.

But the Comelec said law prohibits the release, disbursement and expenditure of public funds for all social welfare and development projects and activities except for salaries of personnel, routine and normal expenses and other expenses authorized by Comelec.

The Comelec emphasized distribution of financial assistance to tricycle drivers and senior citizens is "social welfare and development activity that is covered by the prohibition."

"All told, the conducted pay-out of cash assistance to the tricycle drivers and senior citizens within 45-day ban is not an exempted activity and was not given an exemption by Commission, hence, Rosal violated Section 261 (v) of the OEC," it stressed.

While Comelec disqualified Rosal, it clarified distribution of financial assistance to tricycle drivers and senior citizens does not constitute an act of vote-buying as asserted by Armogila, as it emphasized that the evidence presented is "devoid of merit."

Comelec spokesman Rex Laudiangco told reporters in a Viber message decision of First Division "may be final but it has yet to attain status of being final and executory" as he emphasized that Rosal can still file for temporary restraining order before the en banc.

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