Mayor Cortes camp awaiting Comelec decision on motion for reconsideration

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

MANDAUE CITY, Cebu – The camp of dismissed Mandaue Mayor Jonas Cortes said they are prepared for any outcome of the Motion for Reconsideration (MR) they have submitted to the Commission on Elections (Comelec) En Banc.

Lawyer Jamaal James Calipayan, the City Administrator, stated that as of Friday afternoon, December 27, no decision had yet been rendered.

The Motion for Reconsideration was filed on the morning of December 23, just one day before the Comelec En Banc’s Christmas break on December 24 and 25.

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“Ang periods apiki kaayo, nadawat Dec.18 unya last working day kay 23 unya halfday pa gyud. In fact, before 12 noon, nakadawat dayun mi og acknowledgement sa Comelec, ilaha sad gi-inform si Mayor nga ila nang giforward sa En Banc. Basin og na take up na nila, maybe we will know sa decision maybe today or ig January 2 na,” said Calipayan.

The appeal was in response to the Comelec Second Division’s decision to cancel Cortes’ Certificate of Candidacy for the 2025 elections due to allegations of ‘material and false representation’ made on December 18.

This stemmed by a petition from lawyer Ervin Estandarte, who accused Cortes of serious misrepresentation by claiming eligibility for office despite an ongoing dismissal from service issued by the Ombudsman. Cortes discovered the dismissal one day before submitting his Certificate of Candidacy for mayor on October 4.

Calipayan pointed out that the question states whether the case is final and executory, which in fact is currently under appeal at the Supreme Court.

The Motion for Reconsideration requests that the Second Division’s decision be reversed, allowing Cortes’ candidacy to proceed.

Calipayan said that Cortes’ legal team is prepared for any potential outcome.

Should the decision be unfavorable and uphold the resolution of the Second Division, the lawyers have also prepared an urgent appeal to the Supreme Court, seeking a status quo or a Temporary Restraining Order.

“If ever negative gihapon or adverse gihapon ang decision sa En Banc against kang Mayor nga candidacy, then we will go to the Supreme Court for our remedy,” said Calipayan.

Printing of the ballots for the 2025 Mid_term Elections is scheduled to start on January 6, 2025.