Comelec cancels Jonas Cortes’ candidacy for false representation

Dismissed Mayor Jonas Cortes file photo

CEBU CITY, Philippines — The Commission on Elections (Comelec) Second Division has canceled the Certificate of Candidacy (COC) of dismissed Mandaue City mayor Jonas Cortes for material and false representation, as promulgated on Dec. 18.

This decision follows a petition filed by lawyer Ervin Estandarte, who argued that Cortes committed a serious act of misrepresentation by indicating on his COC that he was “eligible for the office I seek to be elected to.” Additionally, Cortes marked “N/A” in response to a section requiring disclosure of any legal cases filed against him, including the case docket, title, date filed, and status.

The petition also cited Cortes’ assertion that “the facts stated in the certificate of candidacy are true to the best” of his knowledge. Estandarte contended that Cortes, who submitted his COC on October 4, had “knowingly refused” to disclose his dismissal from service by the Ombudsman, which he was informed of on October 3.

By failing to disclose this information in his COC, Estandarte argued that Cortes undermined the integrity of the oath he took, wherein he pledged to comply with laws and legal orders issued by legitimate authorities.

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The Comelec upheld Estandarte’s petition, citing Sections 74 and 78 of the Omnibus Election Code. Section 74 mandates that a COC must affirm the candidacy and eligibility of the person filing it, while Section 78 allows for the denial or cancellation of a COC based on false material representations regarding eligibility.

Additionally, Section 1 of Comelec Resolution No. 11046 states that a single basis is sufficient for filing petitions to deny or cancel a COC.

According to Comelec, the criteria for COC cancellation include the presence of falsehoods, deliberate efforts to mislead or conceal information, and material misrepresentation regarding qualifications for elective office.

The Second Division concluded that Cortes materially misrepresented his eligibility in his COC by falsely claiming he was qualified, despite being dismissed from service.

“The respondent’s declaration in his COC, which supports his qualifications for Mayor, is material and false, as he misrepresented the truth about his ineligibility to run for office. The respondent signed and swore to the accuracy of his statements therein, clearly indicating that this false representation was intentional and could mislead the electorate regarding his qualifications as Mayor of Mandaue City, Cebu,” the ruling read.

In the decision, signed by Presiding Commissioner Marlon S. Casquejo and Commissioners Rey E. Bulay and Nelson J. Celis, the Second Division declared:
“WHEREFORE, considering the above premises, the petition is GRANTED. The Certificate of Candidacy (COC) of RESPONDENT JONAS CABUNGCAL CORTES for Mayor of Mandaue City, Province of Cebu, for the 12 May 2025 National and Local Elections (2025 NLE) is hereby DENIED DUE COURSE TO AND/OR CANCELLED.” /clorenciana