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Comelec Hastens Resolution of Rosal Case: Balancing Timeliness and Due Process

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Legazpi City, Albay – Former Albay mayor and disqualified gubernatorial candidate Noel Rosal has expressed frustration over the swift resolution of his motion for reconsideration (MR) by the Commission on Elections (Comelec) en banc, describing it as “record-breaking.”

Despite his criticism, Rosal admitted in his social media post that securing a Temporary Restraining Order (TRO) from the Supreme Court is his “last chance” to overturn the disqualification.

Rosal shared in his post, “Pinadala MR ko ng Comelec 2nd Div. sa Comelec en banc Jan. 6, 2025. By Jan. 7, 2025, may decision na. Imagine, wala pa 2 days… masyado man ata minadali. Dai lamang pina simbag so complainant… ready na ba talaga ini na decision?”

He questioned the pace of the decision, which he believes left little time for further responses. Still, Rosal concluded his post by saying, “Last chance, TRO again sa Supreme Court.”

While the quick resolution has raised eyebrows, there are several possible reasons for the Comelec’s expedited action:

1. Ample Time for the Affected Party to Secure a TRO – By resolving the case swiftly, the Comelec provides Rosal the opportunity to seek relief from the Supreme Court without unnecessary delays. This ensures the candidate’s right to further legal recourse is preserved.

2. Set Deadlines for Cases Decided by the Division – The Comelec operates under strict procedural rules that impose deadlines for cases elevated from its divisions to the en banc. Resolving disputes within these timelines helps maintain the integrity and efficiency of the electoral process.

3. No New Arguments in a Motion for Reconsideration – Motions for reconsideration are not meant to present new arguments but to review the existing evidence and rulings.

This limits the complexity of the review, allowing the en banc to decide faster based on the merits of the original case.

Rosal’s admission that the TRO is his “last chance” underscores the significance of the Supreme Court’s role in determining the final outcome of his disqualification. For now, the public awaits the next chapter in the legal battle, with Comelec standing firm in its commitment to resolving electoral disputes promptly while ensuring due process.

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