UNANSWERED OR HALF-ANSWERED QUESTIONS. The Ombudsman orders regarding the dismissal of Cebu City Mayor Michael Rama and Mandaue City Mayor Michael Rama from public service were clear enough.
The Ombudsman order against Rama dated September 25, 2024 found him guilty of nepotism and grave misconduct. Its order against Cortes dated October 2, 2024 found him guilty of grave misconduct. Both orders imposed the penalty of "dismissal from the service," which carries accessory penalties, including perpetual disqualification for re-employment in the government service unless otherwise allowed in the decision.
What the Ombudsman orders and the news stories based on those orders gave little or none to the public was about the question whether the two mayors could run in the next elections. Here's a direct walk-through, from published pronouncements of Comelec officials and Ombudsman material:
* Can they file a COC or certificate of candidacy for next year's election? Yes.
* Can the Comelec refuse to accept their COCs? No, if it has completely met the requirements for a COC.
* Can Comelec cancel the COC? It can and it shall if the Ombudsman orders so in its decision.
* What can prevent or stop Comelec cancellation of a COC? A TRO or temporary restraining order issued by the proper court.
FIRST, QUICKLY, WHY THEY'RE PENALIZED. The Ombudsman received separate complaints against the two mayors for these alleged offenses:
-- Rama hired two brothers-in-law at City Hall, an act of nepotism or nepotistic act.
-- Cortes allowed the continuous operation of a batching plant of concrete mix cement, which had no business and sanitary permits and environment clearance.
Both Ombudsman decisions were made public this week, the week for the filing of certificates of candidacy (October 1 to 8). And the two mayors have long declared their intention to seek reelection in the May 2025 elections.
The penalty of dismissal from the service carries accessory penalties, which include perpetual disqualification from public office.
'MINISTERIAL DUTY' TO ACCEPT COCs. Comelec cannot refuse to accept a COC filed within the period scheduled for the certificates as long as it is complete, its requirements met by the filer. Election officials have been clamoring for the discretion to reject a COC but Congress still has to heed their recommendation.
Just recently, in connection with controversial Bamban, Tarlac mayor Alice Guo's decision to run despite her removal from office, her lawyer stressed on the nature of Comelec's job in accepting COCs, which Comelec Chairman George Erwin M. Garcia affirmed.
WHEN OMBUDSMAN DECISION BECOMES FINAL, EXECUTORY. If the penalty imposed by the Ombudsman is public censure, reprimand, suspension of not more than one month, or fine equivalent to one-month salary, the decision is "final and executory" and cannot be appealed.
That rule obviously doesn't apply to the cases of Mayor Rama and Mayor Cortes. Each mayor may appeal to the Court of Appeals within 15 days from receipt of the written notice of the Ombudsman order or decision denying his motion for reconsideration.
Rama or Cortes has the right to file one, "only one," motion for reconsideration or reinvestigation within 10 days from receipt of the Ombudsman order or decision imposing the penalty.
The motion for recon or reinvestigation shall be based on any of two grounds: newly discovered evidence that would materially affect the decision; grave errors of fact or law, or serious irregularities prejudicial to the accused mayors.
APPEAL WON'T STOP DECISION OR ORDER FROM BEING EXECUTORY. The mayors' lawyers must know how that rule works to fit in, or harmonize with, the Comelec rule that it cancels the COC of the dismissed public official unless restrained by a court TRO or temporary restraining order.
No TRO, no stopping in COC cancellation. Apparently, the Comelec won't freeze cancellation of COC if it doesn't get the TRO, the order -- not just the fact of filing and perfecting the appeal with Court of Appeals.
WINDOW FOR RAMA OR CORTES is the opportunity to get the TRO before the Comelec cancels his COC and doesn't count his votes. Not a big window or, more aptly, not a wide path, given the slow, cluttered pace of most court processes.
EVEN IF TROUBLED MAYORS KEEP THEIR NAMES IN THE BALLOT, there is the other battle Rama and Cortes must win: the race for the votes. Would they survive the bad publicity and possible backlash the penalty of dismissal brings? If they'd earn voters sympathy instead and overcome the crisis and triumph, would they win in court too so as to resume their service in government? They could win the May election and yet still be penalized.
Rama promised Friday, October 4, "to tirelessly stand and fight for what each Sugboanon deserves." Standard rhetoric, changed on sourcing, with BagOng Sugbo, purportedly Franklyn Ong's party, added to "Barug-Team Rama."
EACH IS A VETERAN ON CRISES IN POLITICS, yet the task is daunting. They didn't see this coming -- an assault from enemy forces, in the form of disciplinary process against offenses they would scoff at before -- or they did but couldn't avert it. Mayor Cortes said he was not surprised. It could just be the beginning. The operation looks like it's multi-layered and multi-step.