Cancellation of Jonas Cortes’ COC: Comelec issues final decision

CEBU, Philippines — The Commission on Elections (Comelec) En Banc has issued a Certificate of Finality in the case of dismissed Mandaue City Mayor Jonas Cortes, rejecting his motion for reconsideration and affirming the decision to cancel his Certificate of Candidacy (COC).

“NOW THEREFORE, in view of the foregoing, the Resolution of the Commission (En Banc) promulgated on 27 December 2024 is hereby declared FINAL and EXECUTORY under the COMELEC Rules of Procedure, and COMELEC Resolution No. 11046. SO ORDERED,” reads a portion of the certificate dated on Friday, January 3, 2025.

The en banc ruling, promulgated on December 27, cited “lack of merit” and upheld the Second Division’s decision to cancel Cortes’ COC for serious misrepresentation of a material fact involving his qualifications and eligibility as a candidate.

“WHEREFORE, premises considered, the Commission (EnBanc) RESOLVED, as it hereby RESOLVES, to DENY the Motion for Reconsideration. The Assailed Resolution is HEREBY AFFIRMED. SO ORDERED.”

In a six-page document, the Certificate of Finality and Entry of Judgment issued by the Comelec en banc, cited the 1993 Comelec Rules of Procedure.

The Comelec en banc, in its Certificate of Finality, further cited Section 9 of Comelec Resolution No. 11046, pertaining to the grounds for filing a verified petition to deny due course to or cancel a COC.

Comelec noted that Section 13(b), Rule 18, and Section 3, Rule 37 of the 1993 Comelec Rules of Procedure outlines the procedures for the cancellation of a COC.

The certificate also states that all decisions or resolutions of the Comelec En Banc shall become final and executory after five days from its promulgation, "unless restrained by the Supreme Court."

This was further stated in the Entry of Judgement which said that the Resolution promulgated on December 27 being final and executory under the Comelec Rules of Procedure is entered into the Book of Entries for Judgment.

With the entry of judgment, as certified by the Clerk of the Commission, lawyer Genesis M. Gatdula, the Comelec en banc has declared that Cortes is out of the mayoral race for Mandaue City.

"No restraining order has been issued by the Supreme Court within five (5) days from receipt of the parties of the Resolution that would preclude the 27 December 2024 Resolution of this Commission (En Banc) from being final and executory," according to the Certificate of Finality signed by Gatdula.

In a notice signed by lawyer Gatdula, the Comelec en banc directed Mandaue City’s election officer to personally serve the Certificate of Finality and Entry of Judgment to the petitioner, lawyer Ervin Estandarte.

Further, the Comelec regional director was tasked with ensuring the election officer's compliance in serving the certificates.

On the other hand, The Freeman confirmed with Comelec-7 the status of Cortes' candidacy given the petition he filed with the Supreme Court last Wednesday, January 2, 2025.

To recall, Cortes filed a petition for Certiorari which includes an application for the “Extremely Urgent Issuance of a Status Quo Ante Order and Urgent Motion for the Conduct of a Special Raffle.”

Cortes also filed for a Status Quo Ante Order and a Temporary Restraining Order (TRO) to block the Comelec resolution that canceled Cortes’ Certificate of Candidacy (COC) for the upcoming 2025 midterm elections.

Cortes will remain a candidate

Comelec-7 Regional Director Francisco Pobe explained that Cortes will remain a candidate, despite the commission's final judgment, unless the Supreme Court issues a decision denying Cortes' petition for certiorari.

“The case pending by reason of appeal to Supreme Court means his COC will be on status quo,” said Pobe, adding that Cortes still has a chance to run for the mayoral post, as his case remains pending before the Supreme Court.

He further explained that since the Supreme Court has not yet issued a decision, Cortes’ name will still be included on the official ballots if printing begins before the case is resolved.

The Comelec-7 director clarified that if Cortes’ name is included in the ballots and the Supreme Court later upholds his disqualification, all votes cast for him will be invalid.

“All his votes will not be considered for proclamation of winning candidates though his votes are still counted for purposes of statistics and reporting,” said Pobe.

Pobe emphasized that if an appeal is filed within the prescribed period, a challenged decision cannot reach finality until the appeal is resolved.

“Once an appeal is made on time over a challenged decision, it will never ripen to its finality,” said Pobe.

“This means final entry of judgment cannot yet still be made. It can only be made once the decision becomes final and executory that a final entry judgment be successfully made,” he added.

In Cortes' case, the petition for certiorari he filed with the Supreme Court remains pending as of this writing.

Pobe, however, defended the Comelec en banc’s decision, stating that it did not act hastily in declaring the judgment final regarding Cortes' case. He further explained that the en banc is prioritizing the resolution of all election-related protests in connection with the National and Local Elections (NLE).

“Somehow to cleanse the list of candidates from being non-qualified,” said Pobe.

Cortes’ Camp

As for Cortes, he stressed that he remains firm in defending his constitutional right to run in the upcoming 2025 elections and in upholding the will of the people.

“He has taken decisive action by filing a Petition for Certiorari before the Supreme Court, seeking an injunction, a status quo order, and the nullification of the unjust cancellation proceedings initiated by the Commission on Elections,” as stated in a statement released by Cortes’ Camp yesterday, Jan. 4.

Cortes' camp argued that, according to established legal principles, a decision rendered by the Comelec en banc becomes final and enforceable after the five-day period prescribed by law, unless a higher court issues an injunction or restraining order.

However, Cortes' camp expressed concern that the timing of the Comelec orders has made it "extremely" challenging for them to secure a Temporary Restraining Order (TRO) within the prescribed timeline.

“Notably, the notice of the En Banc decision was issued during the last hour of the last working day of the year, effectively leaving no opportunity to act, as government offices remained closed for the next five days,” it further said.

Cortes’ camp said that the timing of the Comelec orders has raised serious questions about fairness and due process, suggesting it was strategically calculated to prevent them from seeking immediate recourse through higher judicial remedies.

Cortes' camp also urged his supporters to "unite," emphasizing their right to participate in a "fair" electoral process as they continue to challenge the Comelec’s decision.

“We urge all our supporters to remain vigilant and united in prayer, believing that truth and justice will ultimately prevail. Let us stand together to ensure that the people’s voices are heard and that every voter is given the chance to freely choose the leader they believe in during the elections," his camp said. — (FREEMAN)