[] Real success is achieved by aggrieved politicians if (a) Rama, Cortes and other fired LGU chief executives can stay in the ballot and win the election and (b) their dismissal by the Ombudsman is overturned.
[] Winning the election is an entwined goal, made tougher by the mayors’ dismissal a few precious months before the May 2025 election.
[] The TRO is one battle won, not the war yet. The war will end with the dismissed mayor regaining power or continuing his stay out in the cold.
Target of 3 petitions
Two evicted city mayors -- Cebu City’s Michael “Mike” Rama and Mandaue City’s Jonas Cortes -- and a former Albay governor, Noel Rosal, benefited from the Supreme Court order announced Wednesday, October 22 (2024). The order stopped the Comelec from cancelling their COCs or certificates of candidacy, which would’ve barred them from running.
The common target of the three separate petitions, the cases already consolidated under the high court’s order, is a Comelec resolution (#11044-A of September 4, 2024) that adopts the policy of “immediately executing” any Ombudsman order disqualifying a candidate for the next election as part of the penalty for dismissal from service.
Victory from the TRO is thus shared by the Cebu and Albay petitioners, who are similarly situated on the threat of not being included in the ballot or the votes cast for them being invalidated.
But of course: short-term
The SC’s TRO, as the term specifically says, is brief: Under an SC administrative order, it cannot be more than 20 days, unless a hearing is held, in which the court may extend the length of time.
Mindful of the urgency, the SC ordered Comelec to comment on the case within a “non-extendible” period of 10 days.
The war still to be won
Relief from the TRO is not complete, of course, as the dispute over Comelec’s new policy still has to be resolved. And after that, if the petitioners’ claim prevails, there’s still the appeal from the Ombudsman order of dismissal.
The first part relates only to the legality and fairness of Comelec’s early enforcement. Even if the petitioner’s COC is spared and thus enabled to run, he still has to be acquitted of charges or the Ombudsman order has to be overturned before he qualifies to assume the office. That is, if he wins the election. A defeat in the election most likely will make the issue irrelevant.
Still, the TRO leads the way out of the mess and perhaps into the path of victory and fulfilled dreams. Thus, the rejoicing by Rama and Cortes and their supporters can be justified.
Sto. Nino in high court
Apparently overjoyed but trying not to sound over-ecstatic, Jonas Cortes recognized that it’s just “one part of the broader fight they continue to face.” Mike Rama, in a combative mood, said “Tuloy ang laban!!!” The reporter’s multiple exclamation marks in the quote must be to convey Mike’s excitement that the fight was still on. Which must draw warmer response than some clichés the embattled, suspended-then-dismissed mayor earlier pitched, such as, “Ain’t over till it’s over” and “Wait till the fat lady sings.”
Cortes praised Divine Providence, the power of prayer, “God’s continued guidance.” Rama exulted after his “Tuloy” battle-cry: “Praise God, salamat Senor Sto. Nino!” He could’ve said “I told you so” to broadcaster Jason Monteclar who -- in a video interview aired last October 7, 2024 -- asked Mike if Cebu’s patron saint would be at the Supreme Court. Rama’s answer: Sto. Nino would be whispering to the justices.
Why the Comelec shift
Cortes also paid tribute to the Supreme Court “for reaffirming values” of the justice system. That wasn’t to say the Ombudsman didn’t and Comelec wouldn’t.
But the justices might want to know during the hearing why the “not-executory-until-final” policy, adhered to for decades, was changed by the election body.