Dismissed Mandaue City mayor asks SC to reverse Comelec’s cancellation of his COC

CEBU, Philippines – Dismissed Mandaue City mayor Jonas Cortes asked the Supreme Court on Thursday, January 2, to reverse the decision of the Commission on Elections (Comelec) to cancel his certificate of candidacy (COC).

Cortes, who is running for mayor, said in a statement sent by his lawyers that Comelec’s actions “constitute a grave abuse of discretion” and violated his rights.

“The case sets a dangerous precedent, potentially disenfranchising candidates and voters while undermining the constitutional framework governing elections,” the dismissed mayor said.

The Comelec 2nd Division canceled Cortes’ COC last December 18, granting a petition filed by lawyer Ervin Estandarte.

Estandarte had accused Cortes of material misrepresentation for not disclosing in his COC filing the Office of the Ombudsman’s decision that dismissed him from service.

Cortes had answered “N/A” on the part of the COC that asked, “Have you ever been found liable for a crime with an accessory penalty of perpetual disqualification, which has become final and executory?”

Estandarte said Cortes should have provided details of the dismissal order by the Ombudsman. Cortes was dismissed from service by the Ombudsman on September 26, 2024, over the operation of a batching plant in the city despite the lack of permits.

In August 2024, the Ombudsman ordered Cortes’ suspension for one year without pay over the appointment of an unqualified public servant.

Cortes’ lawyers, however, claimed there was no misrepresentation because the case is still on appeal and the dismissal has not become final and executory.

Cortes filed a motion for reconsideration with the Comelec, but the poll body denied this on December 27, 2024.

In his petition with the Supreme Court, “Cortes argues that the case sets a dangerous precedent, potentially disenfranchising candidates and voters while undermining the constitutional framework governing elections,” according to a statement sent to Rappler by one of his lawyers.

According to his lawyers, Cortes is asking the Supreme Court not only to reverse the Comelec’s decision that canceled his candidacy but also to restore his status as an eligible candidate for mayor by issuing a status quo ante order.

The dismissed mayor also asked the Supreme Court to clarify that Section 78 of the Omnibus Election Code does not authorize ineligibility proceedings before an election.

“Ang gusto ko lang, patas ang laban (I just want a fair contest). Let the people decide. Let the Mandauehanons decide who they want to lead our beloved city. Hindi iisa o iilang tao lamang ang magdesisyon (Let’s not allow just one or a few people to make that decision),” Cortes told reporters at the Supreme Court in Manila.

He insinuated that his rival for the mayoralty, Provincial Board Member Thadeo “Jonkie” Ouano, was behind his suspension, dismissal, and disqualification from running. Ouano’s wife is the sister of Tingog Representative Yedda Romualdez, the wife of House Speaker Martin Romualdez.

Ouano denied to local newspaper The Freeman that he had anything to do with the issue. He said Romualdez had nothing to do with the decision by the Ombudsman and the Comelec.

Cortes’ lawyers said a key issue in the cancellation of his COC is “Comelec overreach.” They said the poll body “improperly treated a petition to deny due course to his COC as an ineligibility proceeding.”

Cortes “maintains that such matters should only be addressed after elections and only for proclaimed winners, as mandated by the Constitution and jurisprudence,” according to the dismissed mayor’s lawyers.

“The petition emphasizes that his COC was filed in good faith and free of any patent defects. Cortes further asserts that his disqualification was based on a decision by the Office of the Ombudsman, which was not yet final at the time of filing, thus making the cancellation of his candidacy unjustified,” they added,

Cortes also stressed that election laws “do not grant the Comelec the authority to disqualify candidates preemptively on non-final grounds.”

Cortes also said he filled in the COC in good faith and “based on his understanding of the law and the facts available to him.” He added that there was no intention to mislead. – Rappler.com