Dismissed Mandaue City Mayor Cortes files petition before SC against Comelec

certiorari

MANDAUE CITY, Cebu – Dismissed Mandaue City Mayor Jonas Cortes filed a petition for Certiorari before the Supreme Court on Thursday afternoon, Jan. 2, against the Commission on Elections (Comelec) and Atty. Ervin Estandarte.

Cortes’ petition challenges Comelec’s decision to cancel his Certificate of Candidacy (COC) based on what he claims is an incorrect interpretation of election laws.

In his petition, Cortes asserts that Comelec’s actions constitute a grave abuse of discretion and infringe on his constitutional rights, including due process and suffrage.

Comelec canceled Cortes’ COC on Dec. 18, citing material and false representation for allegedly asserting his eligibility for office despite an ongoing dismissal from service by the Ombudsman. Cortes claims he learned of this dismissal just a day before submitting his COC on October 4.

Cortes argues that Comelec improperly treated Estandarte’s petition to deny due course to his COC as an ineligibility proceeding. He maintains that such matters should only be addressed after elections and only for proclaimed winners, as mandated by the Constitution and jurisprudence.

The petition emphasizes that Cortes’ COC was filed in good faith, asserting that it contained no misrepresentations. At the time of submission, a decision by the Office of the Ombudsman dismissing him was under appeal and therefore not final, making the cancellation of his candidacy unjustified.

Cortes claims that Comelec’s actions infringed upon his rights to due process and the democratic right of voters to freely choose their leaders. His legal team argues that preemptive disqualification based on non-final decisions undermines the fairness of the electoral process.

“Supreme Court, being the last bastion of democracy, we will be seeking refuge and relief with the Supreme Court to question the unwarranted disqualification and denial of due course,” said RBTLA Law Associate Atty. Joshua Monsanto, who accompanied Cortes during the filing.

“My opponents are powerful, well-connected, and very influential. The struggle to seek justice with the Ombudsman and Comelec has been repeatedly frustrating. That is exactly why I am here at the Supreme Court as the last resort. I stand firm in my belief that the Supreme Court is an institution committed to fairness and justice without fear or favor,” said Cortes.

Status Quo Ante Order

Cortes is requesting the Supreme Court to reverse Comelec’s decision to cancel his COC and to issue a Status Quo Ante Order to restore his status as an eligible candidate.

Additionally, Cortes seeks clarification from the highest court, asserting that Section 78 of the Omnibus Election Code does not authorize ineligibility proceedings before the elections.

On October 4, Cortes filed his COC for Mayor of Mandaue City, believing he was eligible despite a September 26, 2024 decision by the Office of the Ombudsman that dismissed him from service. He appealed this decision on October 16, 2024, and marked “N/A” on his COC regarding the disclosure of cases that removed him from office with finality.

On October 25, private respondent Ervin E. Estandarte petitioned Comelec to cancel Cortes’ COC, claiming he misrepresented his situation by not disclosing the Ombudsman’s ruling, thus violating Section 78 of the Omnibus Election Code, which allows the cancellation of a COC based on false material representations.

On December 18, Comelec’s Second Division canceled Cortes’ COC, stating his eligibility claim was a material misrepresentation and that the Ombudsman’s decision was immediately executory, rendering him ineligible. Cortes filed a Motion for Reconsideration, arguing that the decision was under appeal and not final. However, Comelec En Banc denied this motion, maintaining the cancellation.

Cortes filed a Petition for Certiorari with the Supreme Court, challenging Comelec’s authority to disqualify candidates before an election and asserting that the Ombudsman’s decision was not final.

Cortes argues that “the case sets a dangerous precedent, potentially disenfranchising candidates and voters while undermining the constitutional framework governing elections.”

Allegations Against Political Rival

During a press interview, Cortes alleged that his political rival, Board Member Thadeo Jonkie Ouano, orchestrated the cancellation of his COC using his connections.

“Ang kalaban ko si Jonkie Ouano, bayaw ni Speaker Romualdez. At first, I was suspended for one year. Kulang pa sa kanila, I was dismissed. Ngayon naman, i-cancel ang COC ko. Ang gusto ko lang patas ang laban. Let the people, the Mandauehanons, decide who they want to lead our beloved city, hindi isa o iilang tao lang ang magdedesisyon,” said Cortes.

For his part, Provincial Board Member Thadeo Jonkie Ouano denied the allegations. Ouano, who is running for mayor against Cortes, responded:

“He is just one of many candidates sa tibuok Pilipinas nga ang COC gi-challenge. Kadaghan ang gipang-disqualify sa COMELEC. Iya ra na feeling nga special siya. He was suspended by the Ombudsman because he did something wrong and illegal. He was dismissed because he did something wrong and illegal. His COC is canceled because he did something wrong—that is, he lied under oath on his qualification,” said Ouano in a text message to CDN Digital.

Ouano dismissed Cortes’ claim that House Speaker Martin Romualdez was involved in the cancellation of his COC.

“Unsa labot sa Speaker sa iyang binuhatan? So, katong mga gi-disqualify sa COMELEC, paryente pod ni Speaker ang kontra ato nila? Kuwang nalang ani nga ug matakilpo siya, among kampo gihapon ang pasanginlan. So katong uban nga gipang-disqualify sa Comelec, apil pod si Speaker ato?” he added.

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