CA denies dismissed Mayor Cortes’ plea for TRO and injunction
Dismissed Mandaue City Mayor Jonas Cortes. | CDN Digital photo / Mary Rose Sagarino
LAPU-LAPU CITY, Cebu- The Court of Appeals (CA) denied the plea of dismissed Mandaue Mayor Jonas Cortes for the issuance of a temporary restraining order (TRO) and writ of preliminary injunction (WPI) against the Office of the Ombudsman’s order dismissing him from service, with the accessory penalty of perpetual disqualification from holding public office.
Justices of the CA 5th Division signed the Resolution, dated December 19, 2024.
“There is no clear showing that the petitioner has sufficiently alleged a clear and unmistakable right, and that there is extreme urgency and paramount necessity for a temporary restraining order and/or writ of preliminary injunction to be issued,” the resolution read.
Among the justices who signed the resolution were Ramon Cruz, Tita Marilyn Payoyo-Villordon, and Emily San Gaspar-Gito.
Cortes had asked the CA to enjoin the Office of the Ombudsman from executing its order dated September 26, 2024.
The Ombudsman found him guilty of grave misconduct, dismissed him from service, and imposed the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from re-employment in the government service.
His grave misconduct case stemmed from the continuous operation of SUPREA Philippines Development Corporation, a batching plant in Labogon, despite the lack of a business permit, sanitary permit, and environmental clearance.
The complainants cited that the operation of the cement plant posed health risks to those living nearby, but Cortes refused to issue a cease-and-desist order.
“He had a duty to act, but he deliberately chose not to,” read the Ombudsman’s decision last September, finding him guilty of grave misconduct.
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