Rosal urged the constituents to stay calm, saying he would continue in his post and file a motion for reconsideration.
“I will continue to function as your governor until the court orders with finality and executory to vacate the position. Please, stay calm. Thank you all for your support,” Rosal said.
The resolution of the First Division is not final and executory, and the governor said he has until September 24 to file for reconsiderion.
“The decision, final order or ruling of the Comelec En Banc may be brought to the Supreme Court on petition for certiorari under Rule 65 in relation to Rule 64 of the rules of court but becomes executory after 5 days if no restraining order is issued by SC,” Rosal added.
Comelec spokesman Rex Laudiangco earlier said, “Until a certificate of finality is issued, together with the writ of execution and an entry of judgment is made, the matter has yet to become final and executory.”
Not vote-buying
The Comelec agreed with Rosal that the violation is not considered vote-buying, which was alleged by the petitioner.
“The attached printed copy of the text messages sent to the recipients is purely invites to the tricycle drivers and schedule of the activity. The message of thanks for the support in the text message cannot be considered as to influence or induce the recipients to vote for respondent nor his wife,” the 1st Division said. Rosal’s wife Carmen Geraldine succeeded her husband as Legazpi City mayor.
Rosal unseated incumbent governor Al Francis Bichara in the 2022 elections, with a margin of over 200,000 votes. – Rhaydz Bacia