For misrepresenting himself as an eligible gubernatorial candidate in the May elections, Albay Gov. Noel Rosal may be charged criminally and disqualified from holding public office, the Commission on Elections said yesterday.
As this developed, the Comelec upheld the disqualification of Mayor Susan Sulit-Yap of Tarlac City for failing to establish her residency.
It also disqualified Mayor Dennis Hain of Cabuyao, Laguna for allegedly engaging in vote buying.
The Comelec Second Division denied due course or canceled the certificate of candidacy (COC) submitted by Rosal when he ran as governor of Albay in May.
‘The votes cast in favor of the respondent are considered stray,’ the Comelec said in a 12-page order.
It directed its law department to conduct a preliminary investigation into the election offense aspect of Rosal’s case, noting that the respondent’s declaration in his COC was material and false since he was no longer qualified to run for office.
‘The respondent signed his COC, and subscribed and swore to the veracity of his declaration therein, which indicated that his false representation is deliberate and will effectively mislead the people,’ the Comelec said.
Rosal was previously dismissed as governor for grave misconduct, which disqualified him from running for the same position.
In the case of Yap, the Comelec found substantial proof showing she is not a resident of Barangay Tibag in Tarlac City.
The poll body said Yap failed to meet the residency requirement in seeking an elective post.
‘It cannot be said that the respondent intended to reside in Barangay Tibag for an indefinite period, considering that the property she claims as her residence is merely a warehouse,’ the Comelec said. ‘By its very nature and purpose, a warehouse cannot be regarded as a place of actual residence.’
The Second Division previously declared Yap ineligible to run as mayor in the May elections and canceled her COC.
In a separate decision, the Comelec said Hain distributed money to residents of Cabuyao to persuade them to vote for him.
‘The campaign period for candidates seeking elective posts during the 2025 national and local elections was from March 28 to May 10. The act subject of the petition occurred in April, which is well within the campaign period,’ the Comelec said, adding that Hain can be held liable for his unlawful action.