THE Commission on Elections (Comelec) will continue to uphold and enforce decisions made by the Office of the Ombudsman, particularly those public officials who have been dismissed from their positions and disqualified from holding office.
This was the response of Comelec Chairman George Garcia on Friday, Oct. 25, 2024, when asked about the recent Supreme Court decision to temporarily stop the implementation of Resolution 11044-A, which was issued on Sept. 4.
The resolution enforces the disqualification of candidates dismissed from public service, with perpetual disqualification as an accessory penalty.
“We only have one thing to say, and I have been clear with the public: the Comelec stands firm on respecting and recognizing the authority of the Office of the Ombudsman,” Garcia said in Tagalog in an interview with reporters at Cebu Normal University in Cebu City.
He said government agencies must comply with the Ombudsman’s decisions.
“When these individuals are dismissed from service with a perpetual disqualification to hold public office, who is the Comelec to disregard this? If we do not follow it, we would be violating the very law that created the Ombudsman, Republic Act (RA) 6770, which is why we took this action,” Garcia said.
RA 6770, also known as the Ombudsman Act of 1989, was enacted to promote accountability and integrity in public service by investigating and prosecuting corrupt practices and misconduct among public officials.
Resolution
In 2023, the Comelec issued Resolution 11044, which mandates the immediate removal of names of individuals facing perpetual disqualification from the ballot, in deference to the Ombudsman’s authority under Section 21, Paragraph 1 of RA 6770.
Garcia said decisions of the Ombudsman are executory and cannot be stopped unless stayed by a restraining order from the Court of Appeals.
Garcia said dismissed mayors Michael Rama of Cebu City and Jonas Cortes of Mandaue City as examples.
Rama was found guilty of nepotism and grave misconduct for appointing two of his brothers-in-law, Elmer and Gomer Mandanat, as Cebu City Hall employees.
For his part, Cortes was found guilty of grave misconduct for allowing a cement batching plant to operate from 2020 to 2022 without the necessary business and environmental permits.
Both cases are administrative in nature.
According to Garcia, Ombudsman’s decisions on administrative cases must be appealed before the Court of Appeals.
The Comelec’s resolution has been challenged in the Supreme Court, which recently issued a temporary restraining order (TRO) against its implementation.
Garcia clarified that the TRO is not a permanent injunction and that the Comelec has 10 days to respond to the petition.
“Now, our resolution has been questioned by certain individuals in the Supreme Court. They obtained a temporary restraining order (TRO), which is only temporary and not a permanent injunction. Therefore, we are given only 10 days without extension to respond to the petition and defend the actions and position of the Comelec,” Garcia said in a mix of Tagalog and English.
He added that the number of disqualified individuals might increase, as the Comelec is requesting an updated list from the Ombudsman’s office.
Implications
Garcia warned that if the TRO is not lifted before the scheduled ballot printing in late December, the names of candidates with perpetual disqualification will still appear on the ballots.
On Tuesday, Oct. 22, the Supreme Court granted a TRO favoring the petitions of Rama and Cortes, who are seeking reelection in the May 2025 elections. The TRO prevents the immediate enforcement of cancellation of their certificates of candidacy.
“We respect the court’s ruling, but we are prepared to defend our position,” Garcia concluded. / CDF