Lawyer: Cortes didn’t commit material misrepresentation in COC

Lawyer Calipayan said this after petitions filed against dismissed Mayor Cortes

MANDAUE CITY, Philippines — Lawyer Jamaal James Calipayan, Mandaue City administrator, has defended dismissed Mayor Jonas Cortes following petitions that he committed material misrepresentation in his Certificate of Candidacy (COC).

Calipayan confirmed that Cortes’ camp received the summon from the Commission on Elections (Comelec) Second Division directing him to answer the disqualification petition filed by Lawyer Ervin Estandarte on Oct. 25.

Calipayan said that Cortes legal team was already preparing a response. He was ordered to respond within five days upon receipt.

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No final and executory case

According to Calipayan, Cortes did not commit any violation in his COC because the dismissal is not final.

“Para nako, wala may siyay kaso nga final and executory. When will it become final and executory? Kung finally idecide na whether sa Supreme Court or kung asa man gani nga korte nga dili na makadagan si Mayor tungod sa iyang administrative case. Unya wala pa man na nadecide, pending pa man na sa Court of Appeals. So, it is not final,” said Calipayan.

(For me, there is no case that is final and executory. When will it become final and executory? When finally the Supreme Court or wherever court will decide that mayor could no longer run because of his administrative case. But it is still not decided, it is still pending in the Court of Appeals. So, it is not final.)

“Ang naa nakabutang sa COC nga unequivocal nga final and executory. So, how can it be final when its still pending appeal? Therefore, the mayor did not lie in his COC,” he added.

(What is there in the COC that is an unequivocal final and executory. So, how can it be final when its still pending appeal? Therefore, the mayor did not lie in his COC.)

Estandarte in his petition alleged Cortes committed material misrepresentation in his COC.

Estandarte claimed that Cortes marked “Not Applicable (N/A)” in response to a question about pending cases on his COC, failing to disclose his dismissal from service by the Ombudsman on October 3. 

Cortes filed his COC on October 4.

Cortes dismissal order

The Ombudsman ordered Cortes’ dismissal on Oct. 3 for allowing a batching plant to operate in Mandaue without the necessary permits.

The petition references violations of Section 78 of the Omnibus Election Code, which imposes penalties for false material statements in a Certificate of Candidacy (COC), and Section 40(B) of the Local Government Code, which disqualifies candidates who have been dismissed from public office.

Estandarte said that the failure to disclose the dismissal order deceived both Comelec and the voters making him ineligible to run for office.

3rd disqualification petition

Estandarte’s petition is already the third disqualification petition lodged against Cortes.

In the summon dated December 2, it requires Cortes to submit a verified “Answer Cum Memorandum” addressing the allegations in the petition.

This document must be filed either at the Comelec Clerk’s Office or via the official Comelec email, along with proof of receipt and copies sent to the petitioner.

Failure to submit by the deadline will prevent Cortes from presenting any counter-evidence.

The procedure is outlined in Comelec Resolution 11046, stating that motions to dismiss, replies, and rejoinders are not allowed.

Once the response deadline passes, or upon receipt of the respondent’s documents, the case will be considered submitted for resolution.

Despite the ongoing Comelec proceedings, Cortes holds a temporary restraining order from the Supreme Court, issued on October 22, which prevents Comelec from disqualifying him while further review takes place.