Albay governor faces criminal charges

MANILA, Philippines — After finding proof of illegal disbursement of funds during the campaign period in the 2022 elections, the Commission on Elections (Comelec) ordered the filing of an election offense case against newly elected Albay Gov. Noel Rosal.

The Comelec said Rosal violated the Omnibus Election Code (OEC), specifically on the prohibition to disburse funds for social welfare programs during the 45-day campaign period.

It favored the finding of the Comelec law department that Rosal “released, disbursed and expended public funds without the required exemption from the Commission, in violation of Section 261 of the OEC.”

Comelec Chairman George Garcia ordered in March the department to conduct an investigation following a Supreme Court ruling that rejected Rosal’s argument that he did not participate in the distribution of cash assistance.

The High Court ruled that Rosal’s approval of the program’s implementation is a “tacit participation.”

It also said that good faith is not a defense when the law mandates prior clearance from Comelec.

According to the Comelec, Rosal did not deny that he caused the release or disbursement of public funds and only argued that he was not the one who distributed the cash assistance.