MANILA — The Supreme Court on Tuesday required the Commission on Election to comment on disqualified Albay Governor Noel Rosal's petition for certiorari and temporary restraining order (TRO) plea.

The Supreme Court gave the poll body and Joseph San Juan Armogila, who lodged the disqualification case against Rosal, 10 days to file their respective comments.

The Comelec had disqualified Rosal and his wife, Legazpi City Mayor Geraldine Rosal, for violating a provision of the Omnibus Election Code that prohibits the release of public funds during the 45-day period before election day.

Rosal, as then-Legazpi City mayor, took part in the "payout" of cash assistance by the local government to tricycle drivers and senior citizens.

The Comelec classified it as a "social welfare and development activity that is covered by the prohibition."

• Comelec 2nd division disqualifies Legazpi mayor for spending ban violation
• Comelec disqualifies Albay governor for violating spending ban

In his defense, Rosal had said the program was not new and had just continued a project of the city and development councils.

But the poll body rejected Rosal’s defense and directed the interior department in late October to implement the Comelec en banc’s ruling disqualifying him.

• Albay Gov. Noel Rosal pinababakante ang opisina matapos ang disqualification
• Disqualified Albay gov's supporters urge Supreme Court to issue TRO

— With a report from Mike Navallo, ABS-CBN News

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