Dismissed Mayor Cortes to appeal Comelec ruling to ‘seek justice’

Dismissed Mandaue City Jonas Cortes. / CDN File

MANDAUE CITY, Cebu – Dismissed Mandaue City Mayor Jonas Cortes plans to appeal to the Commission on Elections (Comelec) en banc regarding the cancellation of his Certificate of Candidacy (COC) for the 2025 midterm elections, stating his intent to seek “justice.”

In a statement posted on his Facebook page, Cortes revealed that he received the Comelec’s decision on Wednesday night and expressed his commitment to exhaust all available remedies.

The Comelec Second Division promulgated a decision on Wednesday to cancel Cortes’s COC due to material and false representation.

The decision stemmed from a petition filed by lawyer Ervin Estandarte, who alleged that Cortes committed a serious misrepresentation by declaring on his COC that he was “eligible for the office I seek to be elected to.”

Additionally, Cortes indicated “N/A” in the section requiring details of any legal cases involving him, including case docket numbers, titles, filing dates, and statuses.

The petition further cited a portion of the COC where candidates affirm that “the facts stated in the certificate of candidacy are true to the best” of their knowledge.

Estandarte argued that Cortes knowingly failed to disclose his dismissal from service by the Ombudsman, of which he was notified on October 3, one day before filing his COC.

The ruling stated: “Respondent’s declaration in his COC, which constitutes his qualifications for Mayor, is material and false, considering the fact that he is no longer qualified to run for office. He misrepresented the truth about no longer being eligible to run for office… Respondent signed, subscribed, and swore to the veracity of his declarations therein, indicating that his false representation is deliberate and will effectively mislead the electorate regarding his qualifications as Mayor of Mandaue City, Cebu.”

The decision was signed by Presiding Commissioner Marlon S. Casquejo and Commissioners Rey E. Bulay and Nelson J. Celis.

Cortes contested the ruling, arguing that the Comelec Second Division erred in its decision. He maintained that the Ombudsman’s dismissal order was not final and remained under appeal.

He further claimed that the grounds for the Comelec’s ruling did not align with the issues raised in the petition and that the Comelec failed to consider his submitted response.

Cortes also accused his political opponents of orchestrating efforts to remove him from the list of candidates to ensure an uncontested race for the mayoral position.

“I am still a candidate and will continue to be until the Supreme Court delivers the final decision. Ato ning eleksyonon, dili ta mag sige ug maniobra sa proseso,” said Cortes.

“Gihagit nako ang akong kaatbang nga undangon na ang paggamit sa iyang koneksyon, paryente, ug posisyon aron mag-impluwensya ug mag-pressure sa Comelec para mudaog sila nga walay kontra,” he added.

He urged Mandauehanons to resist what he characterized as abuses of their rights and an infringement on their ability to choose their leaders.

“Sobra na ni ang pang-abuso nila. Eleksyon, dili diskwalipikasyon,” said Cortes.

Mandaue City Administrator Lawyer Jamaal James Calipayan announced that Cortes’s legal team would personally file a Motion for Reconsideration with the Comelec En Banc on Friday, Dec. 20.

Calipayan expressed concerns over the Comelec resolution, which claimed that Cortes failed to file an Answer Cum Memorandum.

He clarified that the response was submitted on time, citing that the deadline fell on a Saturday, and under court rules, submissions due on weekends are extended to the next working day. He confirmed that Cortes’s response was filed in person and acknowledged via email on the following Monday.

“Apart from that, the issues resolved in the case were already raised in the Certiorari petition before the Supreme Court. The question is, why did the Comelec resolve these issues instead of waiting for the Supreme Court’s decision?” said Calipayan.

He emphasized that the disqualification case is separate from the Ombudsman’s dismissal case, which is currently under a Temporary Restraining Order (TRO) granted by the Supreme Court.

“Atoa man gud gi-question sa Supreme Court whether or not executory ba ang disqualification. Kung disqualified ka, this is irreversible, dili pareha sa dismissal nga kung ireverse ang decision, you can still receive back wages and benefits,” he explained.

Meanwhile, Mayor Glenn Bercede, Cortes’s running mate, expressed hope that democratic processes would prevail, allowing Mandaue City residents the chance to choose their leaders in the upcoming elections.

He also encouraged supporters to remain optimistic during this challenging time.

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