Cortes seeks TRO on CoC cancellation
‘When we filled that out, we even consulted Comelec, and they confirmed that the answer should be ‘no’ because there was no final and EXECUTORY ruling.’
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‘When we filled that out, we even consulted Comelec, and they confirmed that the answer should be ‘no’ because there was no final and EXECUTORY ruling.’
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Mandaue City Mayor Jonas Cortes is set to file before the Supreme Court a motion for reconsideration (MR) tomorrow, 2 January 2025 as his final legal attempt to overturn the cancellation of his Certificate of Candidacy (CoC) and his disqualification from the May 2025 National and Local Elections.
On 27 December 2024, the Commission on Elections (Comelec) en banc denied Cortes’ appeal, upholding an earlier decision by the Comelec Second Division cancelling his CoC due to alleged material misrepresentation in his candidacy documents.
Cortes expressed optimism that the country’s highest judicial body would render a fair decision.
“We have done everything within the Comelec process and we will seek justice from the Supreme Court,” Cortes told DAILY TRIBUNE.
“This is not the end of our cause for justice; instead, it marks the beginning of our fight for truth and fairness,” he stressed.
The prayer for the SC in the MR is to recognize and acknowledge the urgency of the request for a temporary restraining order or any other remedy being sought, so it can be immediately addressed in one of their en banc sessions. The remedy requires a real sense of urgency and cannot afford any delays.
The controversy stemmed from Cortes’ response to a question in his CoC, wherein he marked “N/A” to whether he has been found liable for a crime with an accessory penalty of perpetual disqualification that had become final and EXECUTORY.
The Comelec Second Division initially ruled that Cortes’ answer constituted material misrepresentation, as it omitted crucial details about a pendant case and a previous dismissal from service.
Cortes filed an MR with the Comelec en banc. However, the en banc affirmed the Second Division’s findings.
The decision was penned by Comelec Chairman George Erwin Garcia and the six commissioners Marlon Casquejo, Rey Bulay, Nelson Celis, Ernesto Ferdinand Maceda Jr., Aimee Ferolino and Socorro Inting ruled that Cortes’ omission was deliberate and material to his eligibility.
