Ousted Mandaue City, Cebu mayor asks SC to overturn Comelec ruling on its COC

Jonás Cortés insists that he submitted his certificate of candidacy in good faith and with no intention of lying about his qualifications to run in the 2025 elections.

CEBU, Philippines – Jonás Cortés, dismissed mayor of Mandaue City This Thursday, January 2, he asked the Supreme Court to reverse the decision of the Commission on Elections (Comelec) to cancel his certificate of candidacy (COC).

Cortés, a mayoral candidate, said in a statement sent by his lawyers that Comelec’s actions “constitute a serious abuse of discretion” and violate his rights.

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

The Second Division of Comelec canceled Cortés’ COC on December 18, acceding to a petition filed by lawyer Ervin Estandarte.

Estandarte had accused Cortés of material misrepresentation for failing to disclose in his COC submitted to the Ombudsman’s Office the decision that removed him from service.

Cortés had responded “N/A” by the COC that asked: “Have you ever been declared responsible for a crime with an accessory penalty of perpetual disqualification, which has become final and enforceable?”

Estandarte said Cortés should have provided details of the dismissal order issued by the Ombudsman. Cortés was removed from service by the Ombudsman’s Office on September 26, 2024 for operating a mixing plant in the city despite a lack of permits.

In August 2024, the Ombudsman ordered the suspension of Cortés for one year without salary for the appointment of an unqualified public servant.

Cortés’ lawyers, however, asserted that there was no misrepresentation because the case is still under appeal and the dismissal has not become final or enforceable.

Cortés filed a motion for reconsideration with the Comelec, but the electoral body denied it on December 27, 2024.

In his petition to the Supreme Court, “Cortés maintains 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 decision that canceled his candidacy but also to restore his status as an eligible mayoral candidate by issuing a status quo ante order.

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

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

He suggested that his rival for mayor, 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, wife of House Speaker Martin Romualdez.

Ouano denied the local newspaper the free man that had something to do with the matter. He said Romualdez had nothing to do with the decision of the Ombudsman and the Comelec.

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

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

“The petition emphasizes that its COC was submitted in good faith and free of patent defects. Cortés also states that his disqualification was based on a decision of the Ombudsman’s Office, which was not yet final at the time of presentation, so the cancellation of his candidacy is unjustified,” they added.

Cortes also highlighted that the electoral laws “do not grant the Comelec the authority to preemptively disqualify candidates for non-definitive reasons.”

Cortes also said he completed 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 deceive. – Rappler.com