DISMISSED Mandaue City mayor Jonas Cortes has sought the Supreme Court’s (SC) intervention to block the Commission on Elections (Comelec) from enforcing the dismissal order by the Office of the Ombudsman against him.
Cortes filed a petition for certiorari, prohibition and injunction before the SC on Wednesday, Oct. 9, 2024, challenging Comelec Resolution 1104-A, which orders the immediate cancellation of certificates of candidacy (COCs) of candidates who are facing disqualification cases, even before the decision becomes final.
The Ombudsman, in a decision dated Sept. 26, dismissed Cortes from service after finding him guilty of grave misconduct for allowing the continuous operation of a cement batching plant without the necessary business and environmental permits.
City Administrator Jamaal James Calipayan told reporters on Wednesday that Cortes is seeking legal recourse similar to that of dismissed Cebu City mayor Michael Rama, who also filed a petition before the SC to stop his dismissal and disqualification from service on Oct. 7.
“The petition for certiorari under Rule 65 of the Supreme Court is a remedy available to the mayor, who stands to be injured by the implementation of this Comelec resolution. Mayor Jonas and Mayor Mike Rama are in similar situations regarding this Comelec resolution’s application,” said Calipayan.
Calipayan said the decision against Cortes is not yet final, and while they respect the Ombudsman’s ruling, they challenge the immediate executory nature of the decision, particularly its inclusion of the disqualification penalty.
The cancellation of his COC prevents Cortes from being voted upon in the 2025 elections, a move that Calipayan described as an “irreparable” injury to both the mayor and the people of Mandaue City.
“The disqualification penalty is not like dismissal. If the decision is reversed, the mayor could receive back wages for the time lost. But once disqualified, there’s no turning back, his name will be removed from the ballots and the people’s choice in the election will be disregarded,” Calipayan said.
“Unconstitutional”
Cortes’ legal team is requesting a temporary restraining order (TRO) or writ of preliminary injunction from the SC to prevent Comelec from implementing the resolution before the printing of ballots, which is set to begin on Nov. 15.
Without the TRO, Comelec can remove Cortes’ name from the ballot, permanently affecting his candidacy.
Cortes, on Tuesday, questioned the constitutionality of Comelec’s resolution, arguing that it violates the due process guaranteed under the 1987 Constitution.
He described the resolution as “unconstitutional” and labeled Comelec’s actions as “ridiculous,” noting that a decision that is not final should not carry such severe penalties.
“Now sa kani nga resolution asa naman ang hustisya ani? (With the resolution, where’s justice?) Is it just? Is it fair? That immediate executory judgment is not final,” said Cortes.
He also requested an urgent motion for the conduct of a special raffle.
The resolution includes provisions for the immediate cancellation of COCs for candidates who have been penalized with disqualification by the Ombudsman, regardless of whether the decision has reached finality.
Cortes said the resolution undermines the people’s right to choose their leaders in a democratic election, which should be of paramount importance.
Before the dismissal order came, Cortes was already serving a one-year suspension without pay imposed on him by the Ombudsman last Aug. 12.
The Ombudsman suspended Cortes for grave misconduct and conduct prejudicial to the best interest of the service for appointing an unqualified officer-in-charge to the City Social Welfare Services Office in 2022, which it said was “highly irregular and violated civil service rules and other applicable laws.”