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Cebu News

Comelec cancels COC of third Cortes vying for mayoralty seat in Mandaue

Mitchelle L. Palaubsanon - The Freeman

CEBU, Philippines — The Commission on Elections (Comelec) Second Division has cancelled the certificate of candidacy (COC) of a Zoilo Cortes, Jr., who was set to run as Mandaue City mayor.

In its Resolution dated November 26, 2024, the Comelec decided to cancel the COC of Zoilo, a cousin of dismissed Mandaue City Mayor Jonas Cortes, who is also seeking to be reelected in the upcoming 2025 national and local elections.

The petition to cancel Zoilo’s certificate of candidacy based on the grounds of being a nuisance candidate was filed by another mayoralty candidate, Joey Cortes.

Both Zoilo and Joey filed their respective COCs for the position of mayor of Mandaue City last October 8, 2024, both

Based on the Comelec Tentative List of Candidates for Local Positions in Region 7, specifically in Mandaue City, it noted that Zoilo’s name to appear on the ballot was supposed to be Cortes, Doc-Jojo, while for Joey Cortes, his name to appear on the ballot is Cortes, Jo.

On October 16, 2024, Joey lodged the said petition alleging that Zoilo is not a legitimate candidate for mayor in the City of Mandaue as he has no bonafide intention to run since he has no capacity to wage a campaign for the position he filed his COC for.

Joey also noted that Zoilo only intends to make a mockery of the elections.

In essence, Joey prays for the declaration of Zoilo as a nuisance candidate, and consequently, that his COC for mayor in the city be denied due course or cancelled.

On October 22, 2024, the summons was issued to Zoilo directing him to file his verified answer within a non-extendible period of five days from receipt.

Last October 28, 2024, Zoilo filed his answer Cum Memorandum with Special and Affirmative Defenses.

But Comelec Second Division Presiding Commissioner Marlon Casquero and Commissioners Rey Bulay and Nelson Celia granted the said petition contending that Joey correctly argued that Zoilo filed his COCs to put the election process in mockery or disrepute and that he had no bona fide intention to run for the office for which his COCs has been filed.

The resolution cited that nuisance candidates are individuals who file their COCs with the intent to undermine the election process, create voter confusion, or otherwise, demonstrate a lack of genuine intention to seek the office. Their actions hinder an accurate reflection of the true will of the electorate.

The Resolution added that a "mockery of the elections" occurs when the electoral process is treated with such disregard, manipulation, or insincerity that it undermines the integrity, seriousness, and purpose of democracy.

“Nuisance candidates mock the election process by undermining its seriousness, legitimacy, and purpose. It bears to stress that the Respondent has not articulated a defined agenda or clear policy positions,”part of the nine-page Resolution reads.

“He lacks a coherent platform, specific proposals, or practicable solutions for addressing the issues pertinent to the office he seek to be elected. This conduct raises substantial concerns indicating a lack of bona fide intention to govern or fulfill the responsibilities inherent to public office. Such behavior undermines the integrity of the electoral process and contravenes the standards of sincerity and preparedness expected of candidates,” it added.

The Comelec noted that after thorough review of the records, they found the Respondent with no serious intention to mount a campaign.

“It is apparent that the filing of his COCs was not driven by any genuine aspiration to serve in public office, but instead appear to have been undertaken for extraneous purposes, such as seeking attention, promoting a vague or undefined advocacy, or securing personal publicity within the political arena. Such behavior is antithetical to the essence of democratic elections, which require that candidates demonstrate a sincere and unwavering commitment to public service and governance,” it added.

The Comelec additionally noted that the Respondent shares the same surname as the Petitioner, who has a history of involvement in prior elections and thus cannot be considered a novice in the political landscape. –/ATO (FREEMAN)

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