Is Mike Rama’s candidacy still valid after the Ombudsman ruling?

Preventively suspended Cebu City Mayor Michael Rama filed his candidacy for re-election as Cebu City mayor on October 3. | CDN Photo/ Pia Piquero

CEBU CITY, Philippines – Following the Ombudsman’s ruling disqualifying Mayor Michael Rama from public office, many Cebuanos are asking: Is his candidacy for re-election still valid?

Cebu City is abuzz with questions about the status of preventively suspended Mayor Michael Rama’s candidacy after the Ombudsman permanently disqualified him from holding any government position.

The decision, issued on September 9, 2024, comes in the wake of Rama’s involvement in a nepotism case, where he was found guilty of appointing his wife’s two brothers to positions in City Hall, violating Civil Service rules.

The ruling, which includes his dismissal from service, cancellation of eligibility, forfeiture of retirement benefits, and permanent disqualification from government employment, was made public on October 3—the same day Rama officially filed his certificate of candidacy (CoC) for re-election.

This sequence of events has left many confused, wondering whether Rama’s candidacy is still valid despite his disqualification from office.

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Candidacy remains legitimate, unless and until…

According to Lawyer Francisco Pobe, the regional director of the Commission on Elections (Comelec) Central Visayas, Rama’s candidacy remains legitimate—for now. The same applies to suspended Mayor Jonas Cortes.

“Well, on the part of Mayor Mike Rama or Jonas Cortes, they already have filed his CoC. From Comelec’s perspective, their candidacy is valid unless we receive a formal advisory from our central office in Manila,” Pobe explained.

He clarified that until a final ruling or order is issued, Rama’s candidacy stands, as the regional office has not received any official communication regarding his status.

Pobe explained that Comelec is duty-bound to accept all CoCs, even if a candidate faces legal issues or disqualification rulings.

“As part of our ministerial duty, regional Comelec offices are required to accept the CoC of any aspirant running for public office unless there is a clear basic legal basis to reject it, such as a missing notary or other formal defects,” he said.

“Cases like disqualification, tt is the central office of Comelec that will be notifying us. They will relay to us the status of the case because usually, these cases are deemed to be resolved in Manila. In fact, all certificates of candidacy filed in the different cities or municipalities in the region have to be submitted after the deadline of the filing period for the purpose of segregating and determining if they comply with the requirements of each candidate,” he added.

In Rama’s case, while the Ombudsman has already issued a ruling of perpetual disqualification, Pobe noted that the official determination of his eligibility lies with the Comelec en banc in Manila.

The Comelec en banc refers to the collective body of the Commission on Elections (Comelec) composed of all its commissioners, including the chairperson. “En banc” is a French term meaning “in full” or “on the bench.” It means that decisions or hearings are made with the full panel of the commission members, rather than by a smaller division or committee.

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The central office will review all filed CoCs after the deadline for submission and make recommendations on whether a candidate’s name will appear on the ballot.

“The Comelec en banc in Manila will be responsible for determining whether his candidacy will be canceled or disqualified, but as of now, Rama can continue his campaign activities,” Pobe said.

This means that unless an official advisory from Manila is released, Rama’s name could still appear on the ballot come election day.

The issue of nepotism surrounding Rama stemmed from a complaint filed in January 2023 by Jonel Saceda, also known as “Inday Josa Chiongbian Osmeña,” who accused the mayor of hiring his brothers-in-law, Elmer and Gomer Mandanat, as casual employees under his office and the Cebu City Medical Center. These appointments were deemed “prohibited nepotistic appointments” by the Ombudsman.

According to Pobe, disqualification cases are not new, and candidates often seek remedial measures to protect their interests. He also pointed out that a candidate can only be officially disqualified once the central Comelec office declares so, following a thorough review and legal proceedings.

“Even if there is a ruling of perpetual disqualification, the Comelec has to follow due process before removing a candidate from the list,” he stressed.

Meanwhile, Rama is allowed to continue with his campaign as scheduled.

Aguinaldo Doctrine

While the Aguinaldo Doctrine, which condones administrative cases against elected officials after they win an election, may have provided some protection for Rama in the past, Pobe clarified that it applies only to administrative cases, not criminal ones.

The Aguinaldo Doctrine is relevant in cases of administrative misconduct, such as gross negligence or failure to perform official duties, where an official may have been absent or received pay without actually rendering services.

According to the doctrine, if the official is subsequently re-elected, the public’s vote is interpreted as a form of forgiveness, effectively condoning their prior actions. This suggests that the electorate has chosen to overlook the official’s previous infractions, potentially leading to the dismissal of the administrative case.

The doctrine takes its name from the 1959 Supreme Court case Pascual v. Provincial Board of Nueva Ecija, where it was first introduced. In this case, the Court ruled that since the public had re-elected Governor Pedro Aguinaldo, his previous administrative infractions were deemed forgiven, and any administrative liabilities were erased.

One of the most notable figures to benefit from the Aguinaldo Doctrine was Jejomar Binay, the former Vice President of the Philippines. As the Mayor of Makati, he faced various administrative charges for alleged irregularities in government contracts. Due to his successive re-elections, the administrative cases against him were dismissed under this doctrine.

However, the Aguinaldo Doctrine, also known as the doctrine of condonation, has been abandoned following the Supreme Court ruling in Ombudsman Carpio-Morales vs. Court of Appeals in 2016. Nonetheless, despite its abandonment, the condonation doctrine can still apply to pending administrative cases provided that the re-election occurred before the abandonment.

If the Comelec en banc upholds the disqualification ruling, Rama’s candidacy could still be nullified despite his ongoing campaign activities.

For now, the residents of Cebu City are left to watch and wait for further developments, as the clock ticks closer to the 2025 elections. Whether or not Rama’s name will appear on the ballot remains to be seen, but one thing is clear: his political future is on shaky ground. /clorenciana