Suspended Mandaue City Mayor Jonas Cortes has raised concerns over the handling of his suspension, particularly the absence of the typical implementing order that usually accompanies such directives.
Cortes told reporters on Tuesday, Aug. 27, 2024, that, in his experience, suspensions generally include clear instructions for enforcement. However, in his suspension order, the implementation order of the suspension was not included.
The mayor has yet to receive the implementation order.
To avoid any disruptions to public service, Cortes and his team were directed to verify the status of the suspension in the field, ultimately leading them to assume that the suspension had already taken effect.
Despite not receiving formal implementation of the suspension order, Cortes chose to comply to prevent any conflict.
“We complied with the decision, but we have questions about how it was implemented. We’ve encountered many suspensions before, and they always come with an implementing order, but this one is so unique that it left us—and even the DILG (Department of the Interior and Local Government), both national and regional—confused,” Cortes said in Cebuano.
The DILG issued a memorandum to Mandaue City Vice Mayor Glenn Bercede on Saturday, Aug. 24, directing him to assume the position of acting mayor.
While Cortes accepted the suspension to maintain order, he expressed his belief that the implementation process should have been conducted more formally.
Despite the suspension, Cortes emphasized that his primary concern is ensuring the uninterrupted delivery of public services to the people of Mandaue City.
He assured that the transition team has been carefully organized to facilitate a smooth handover to Acting Mayor Bercede.
Cortes expressed confidence in Bercede’s leadership, noting that the acting mayor has committed to continuing the programs and projects already in progress.
“Even with the suspension, I can now focus more on the community and be closer to the people,” Cortes said in Cebuano.
He added: “But now, my role is different as a private citizen. I’ll be engaging directly with the people. Life has to move on.”
Cortes also said that his team is preparing to file a motion for reconsideration with the Office of the Ombudsman Visayas within the week.
DILG 7 Legal Officer Michael Bandal told SunStar Cebu that they have not yet received the implementation order coming from the Office of the Ombudsman.
“Sa amo diri sa regional level, we did not receive such an order,” said Bandal.
In a memorandum issued on Aug. 24, the DILG clarified that an implementation order is not necessary, as the vice mayor is required to automatically assume the role of acting mayor under the rule of automatic succession.
“In this view, you (Bercede) are informed that, by operation of law, on the given date, you are to immediately exercise the powers and functions of the City mayor in an acting capacity pursuant to Section 46 (a) of the Local Government Code of 1991 during the suspension of Mayor Jonas Cortes,” the memorandum stated.
Bandal said that the suspended mayor based his compliance with the suspension on the memorandum issued.
The Ombudsman has suspended Cortes for one year without pay for grave misconduct and conduct prejudicial to the best interest of the service.
The suspension stemmed after Cortes designated an unqualified officer-in-charge of the City Social Welfare Services Office in 2022, an action deemed unlawful.
Cortes received a copy of the suspension order on Wednesday, Aug. 21.