Cortes may be proclaimed if he wins, but taking office remains uncertain

By: Futch Anthony Inso - CDN Digital Correspondent | March 11,2025 - 08:59 PM

Dismissed Mandaue City Mayor Jonas Cortes. | CDN Digital photo / Mary Rose Sagarino

CEBU CITY, Philippines – Dismissed Mandaue City Mayor Jonas Cortes may be proclaimed if he wins the election in May 2025; however, allowing him to assume his post is another matter.

This was the statement of Commission on Elections (COMELEC)-7 Regional Director, lawyer Francisco Pobe, in an interview with members of the media.

“Sa amoa sa Commission on Election’s point of view, ma-proklamar gyud siya. Ang issue diha kung makalingkod siya that’s another story. Kay amo lang nga issue is ang diri sa Comelec, separate man ni sa katong disqualification,” Pobe said.

(From the Commission on Elections’ point of view, he can be proclaimed. The issue is whether he can assume office—that’s another story. Our concern in Comelec is separate from the disqualification case.)

Cortes is seeking reelection in the upcoming election.

Earlier, the poll body officially disqualified Cortes from running in the May 2025 local and national elections after the Comelec en banc issued a certificate of finality and an entry of judgment on January 3, 2025.

His disqualification stemmed from a petition filed by lawyer Ervin Estandarte on October 25, 2024, citing alleged material misrepresentation in his Certificate of Candidacy. Cortes had marked “Not Applicable (N/A)” in response to a question about pending cases, failing to disclose his dismissal from service by the Ombudsman on October 3, 2024.

However, Cortes was able to secure a temporary restraining order (TRO) from the Supreme Court, preventing Comelec from canceling his COC and removing his name from the list of candidates in Mandaue City.

“Ang amo lang nga issue is, siyempre sa Comelec, separate mani katong disqualification niya nga kadtong issue nga na-resolve na gani sa Commission on Election nga disqualified man siya. Pero subject lang sa TRO, that’s why ang iyang pangan gibalik sa listahan sa balota,” he added.

(Our concern in Comelec is, of course, separate from his disqualification case, which has already been resolved by the Commission on Elections, declaring him disqualified. But since it is subject to a TRO, his name was reinstated on the ballot list.)

However, Cortes remains “perpetually disqualified to hold any public office” based on the Ombudsman’s decision in October 2024, which led to his dismissal.

The Ombudsman found Cortes guilty of grave misconduct for allowing the continued operation of Suprea Philippines Development Corp., a batching plant in Barangay Labogon, Mandaue, despite its lack of a business permit, sanitary permit, and environmental clearance.

Cortes’ camp filed an appeal with the Court of Appeals; however, the appellate court denied his plea for a Temporary Restraining Order and a Writ of Preliminary Injunction.

“Kay ang implications ani, na-unseat naman siya, which is on record diba? So karon ang issue nalang diha is on the issue of the reversal or kung unsay mahitabo sa iyang Ombudsman (nga kaso),” he said.

(The implication here is that he has already been unseated, which is on record, right? So now, the issue is whether this will be reversed or what will happen to his Ombudsman case.)

“So ang ako, this is my only perception, nga kung, if ever nga modaog man si Mayor sa iyang mayoryal bid unya naa ra ang iyang suspension, I would like to believe nga ang suspension niya mao na’y mo-trigger sa iya sigurong pagka-mayor,” he explained.

(As for me, this is just my perception—if the mayor wins his mayoral bid but his suspension remains, I believe that his suspension would likely prevent him from assuming the position.)

Earlier, the dismissed mayor’s camp stated that the CA’s denial of the TRO would not affect his eligibility to run in the May 2025 elections.

City Administrator Jamaal James Calipayan clarified this on Friday, March 7, saying the request for a TRO was part of Cortes’ petition for review filed before the Court of Appeals.