Comelec stops Mandaue mayor’s bid for reelection

Mandaue City Mayor Jonas Cortes | PHOTO: Official Facebook page of Jonas Cortes

CEBU CITY—The Commission on Elections (Comelec) has disqualified dismissed Mayor Jonas Cortes of Mandaue City from seeking reelection as it cancelled his certificate of candidacy (COC) due to “material misrepresentation.”

In its ruling dated Dec. 18, the poll body’s Second Division said Cortes wrote a “not applicable (N/A)” remark in response to questions on his COC about pending cases, docket numbers, and the status of any legal actions against him despite receiving a dismissal order from the Office of the Ombudsman on Oct. 3, just one day before filing his COC.

“Respondent’s declaration in his COC, which constitutes his qualifications for mayor, is material and false, considering he misrepresented the fact that he is no longer qualified to run for office,” the Comelec said.

“Respondent signed his COC and swore to the veracity of his declarations, indicating that his false representation was deliberate and would mislead voters regarding his qualifications as mayor of Mandaue City, Cebu,” it added.

‘Big mistake’

In a statement on Thursday, Cortes described the recent ruling of the Comelec as a “big mistake” and claimed that he was being singled out by the poll body.

“The decision of the Ombudsman [against me] is not yet final and is still being appealed,” he said in Cebuano. “Of the many convicted and disqualified politicians who are running for office in next year’s elections, I am the one being targeted.”

Cortes vowed to exhaust all legal remedies so he would be allowed to seek reelection.

The decision, signed by Commissioners Marlon Casquejo, Rey Bulay and Nelson Celis, stemmed from a petition filed by Cebu-based lawyer Ervin Estandarte who accused Cortes of deliberately misrepresenting his eligibility to seek the mayoral post.

“He (Cortes) should have indicated in his COC the fact of his dismissal from service,” Estandarte said in his petition filed on Oct. 25.

By putting “N/A,” the lawyer said Cortes misled the Comelec into believing that he had all the qualifications to seek reelection.

The Office of the Ombudsman earlier found Cortes liable for grave misconduct when he allowed a cement batching plant to operate in the city without the necessary business and environmental permits. The penalty carries a perpetual disqualification from public service.

READ: Dismissed Mayor Cortes to appeal Comelec ruling to ‘seek justice’

According to Comelec rules, government officials who filed their COCs but were handed perpetual disqualification by the Ombudsman must have their bids revoked.

Only a temporary restraining order from a higher court, such as the Court of Appeals or the Supreme Court, can stop the revocation of their COCs.