Comelec upholding Ombudsman decisions

The Commission on Elections (Comelec) will uphold and enforce the decisions of the Office of the Ombudsman particularly on public officials who have been dismissed from their positions and disqualified from holding office.

In an interview with Cebu media, Comelec Chairman George Erwin Garcia said “We only have one thing to say, and I have been clear with the public: the Comelec stands firm on respecting and recognizing the authority of the Office of the Ombudsman.”

He cited that government agencies must comply with the Ombudsman’s decisions.

“When these individuals are dismissed from service with a perpetual disqualification to hold public office, who is the Comelec to disregard this? If we do not follow it, we would be violating the very law that created the Ombudsman, Republic Act 6770, which is why we took this action,” Garcia stressed.

He added that decisions of the Ombudsman are executory and cannot be stopped unless stayed by a restraining order from the Court of Appeals.

He said the cases of Mandaue City Mayor Jonas Cortes and Cebu City Mayor Michael Rama are examples.

In 2023, the Comelec issued Resolution 11044, which mandates the immediate removal of names of individuals facing perpetual disqualification from the ballot, in deference to the Ombudsman’s authority under Section 21, Paragraph 1 of RA 6770.