Understanding the immediate executory nature of Ombudsman decisions

Ombudsman Visayas office
Photo by Cherry Ann Virador
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AS THE May 2025 elections approach, the Commission on Elections (Comelec) has announced that decisions made by the Office of the Ombudsman regarding political aspirants will be “immediately executory.” This means that even if a decision may later be reversed, it will be enforced right away.

What this means for candidates?

Comelec Chairman George Garcia emphasized that the commission will act promptly on any decisions issued by the Ombudsman.

For instance, if a candidate is permanently disqualified from holding public office due to a ruling by the Ombudsman, Comelec will implement that disqualification immediately.

"If a candidate has a perpetual disqualification to hold public office slapped by the Ombudsman, we will immediately implement that," Garcia said.

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No waiting for final judgments

Garcia clarified that Comelec will not wait for a final judgment in cases resolved by the Ombudsman.

The commission's policy is to act on the Ombudsman’s decisions unless a higher court, such as the Court of Appeals, issues a restraining order.

"This is unless the candidate will be able to secure a restraining order from a higher court," Garcia added.

Handling certificates of candidacy (COCs)

Despite the immediate enforcement of Ombudsman decisions, Comelec will still accept the certificates of candidacy (COCs) from the candidates in question.

Garcia explained that their role is ministerial, meaning they are required to accept COCs even if there are pending issues regarding a candidate's qualifications.

"We don't have a choice but to accept their COCs. Our duty remains ministerial. Our discretion will come later on," he said.

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Recent disqualifications and candidacies

The urgency of this policy comes in light of recent rulings by the Ombudsman:

* Cebu City Mayor Michael Rama has been permanently disqualified from holding government office due to nepotism and grave misconduct, even as he filed his COC for reelection on October 3, 2024.

* Mandaue City Mayor Jonas Cortes was dismissed from service for grave misconduct. He submitted his COC the day after the Ombudsman’s decision.

* Former Bamban Mayor Alice Guo has also received a perpetual disqualification due to grave misconduct but intends to seek reelection as Bamban town mayor when she files her COC on October 8.

(SunStar Philippines/With reports from HDT)

*** This article was made with the help of an automated editorial system.

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