THE Commission on Elections (Comelec) en banc has upheld the cancellation of former Mandaue City mayor Jonas Cortes’ certificate of candidacy (COC), affirming the Second Division’s earlier ruling.
This decision, which came out on Dec. 27, disqualifies Cortes from running in the May 12, 2025 National and Local Elections.
Cortes’ inclusion in the Comelec’s latest updates on Special Proceedings Actions petitions confirmed that his COC was denied due course due to material misrepresentation, citing a “lack of merit.”
“We find no cogent reason to depart from the Assailed Resolution of the Commission (Second Division),” read a portion of the en banc decision penned by Comelec Chairman George Erwin Garcia and six other commissioners — Marlon Cosquejo, Rey Bulay, Nelson Celis, Ernesto Ferdinand Macedan Jr., Aimee Ferolino and Socorro Inting.
According to Comelec, Cortes “materially misrepresented” in his COC that he is eligible for the office he seeks to be elected to.
The commissioners were convinced that the omission was “deliberate,” as there are specific fields that allow Cortes to disclose the facts of the pending case and his previous dismissal from service.
“Wherefore, premises considered, the Commission (en banc) resolved, as it hereby resolves, to deny the Motion for Reconsideration. The Assailed Resolution is hereby affirmed,” the decision added.
The ruling cited Section 78 in relation to Section 74 of the Omnibus Election Code, which mandates that facts stated in a COC must be true.
Any false representation of a material fact serves as a basis for the cancellation of the certificate.
The cancellation of his COC stemmed from the Oct. 25 petition filed by Ervin Estandarte.
The case
According to Mandaue City Administrator Jamaal James Calipayan, the case against Cortes revolves around an alleged misrepresentation in his COC.
He marked “N/A” in response to the question, “Have you ever been found liable for a crime with an accessory penalty of perpetual disqualification, which has become final and executory?”
The petitioner claimed that this answer was incorrect and that Cortes knowingly provided misrepresentation.
On Dec. 19, the Comelec Second Division ruled that this constituted material misrepresentation under election laws.
Cortes filed a motion for reconsideration (MR) on Dec. 23, but the poll body’s en banc denied it, effectively finalizing the decision to cancel his COC.
Consequences
Disqualification from running: Cortes is officially barred from running in the 2025 elections.
No substitution allowed: According to Calipayan, the legal effect of a cancelled COC is as if no COC was filed in the first place.
Therefore, there is no candidate to replace. Unlike in disqualification cases, a substitute from the same political party or with the same surname can step in.
“This is not an ordinary disqualification case. The cancellation of COC means there is nothing to replace in the first place,” Calipayan said.
Cancellation or disqualification
Cancellation: Treated as if no COC was ever filed, meaning no replacement is possible.
Disqualification: A candidate can be substituted by someone from the same party or a relative with the same surname.
What happens next?
With the Comelec en banc’s decision final and executory, Cortes’ only remaining option is to appeal to the Supreme Court (SC).
Cortes’ legal team will file an MR to the SC on Thursday, Jan. 2, 2025, asking for a temporary restraining order (TRO) or other remedies to stop the implementation of the COC cancellation.
They may also request a status quo ante order to restore Cortes’ candidacy temporarily while the case is under review.
Official ballot
Ballot printing is set to begin on Jan. 6, and without a SC’s order reversing the Comelec decision, Cortes’ name will not appear on the official ballots.
Calipayan emphasized the urgency of securing a favorable ruling before this process begins, as delays could complicate the legal and electoral scenarios.
“If the Supreme Court does not issue a ruling in time, Cortes’ candidacy will not proceed. Even if a favorable decision is issued later, the process will be highly complex,” Calipayan said.
Can SC reverse the decision?
The SC has the power to overturn the Comelec ruling.
Cortes’ legal team will likely argue that there was no material misrepresentation and that Comelec’s decision was erroneous.
If Cortes wins his case after the ballots are printed, the SC may order special remedies, which could include adjustments to the election process.
As Cortes’ camp prepares to appeal to the SC, time remains a critical factor, with ballot printing fast approaching.
For now, Mandaue City voters await clarity on the situation, which could significantly impact the city’s electoral landscape in 2025. / CAV