Filed against Ouano: Cortes loses poll protest

CEBU, Philippines —  The First Division of the Commission on Elections (Comelec) released a decision on January 29, dismissing the election protest filed by former mayor Jonas C. Cortes against incumbent Mayor Jonkie M. Ouano in relation to the 2025 mayoral elections in Mandaue City.

In a seven-page order dated January 29, 2026, the Comelec First Division ruled that Cortes’ petition did not meet the essential requisites under Section 7(g), Rule 6 of Comelec Resolution No. 8804, as amended, which requires a detailed specification of the acts or omissions allegedly constituting electoral fraud, anomalies, or irregularities.

Cortes filed his petition on 23 May 2025, requesting a manual recount of ballots and technical examination of election documents in all 271 clustered precincts in Mandaue City.

In his complaint, Cortes alleged widespread irregularities, including: 1) discrepancies in election results posted online by COMELEC, where the number of valid ballots reportedly exceeded the number of voters who cast ballots; 2) overvotes and undervotes beyond acceptable margins; 3) malfunctioning of Automated Counting Machines (ACMs) and failure of Voter Verifiable Paper Audit Trails (VVPATs) to reflect actual votes; and 4) rejected valid ballots and anomalies at Priority Polling Places.

The commission issued a summons to Mayor Ouano on 23 May 2025, requiring him to provide a verified response within five days.

In his verified answer on 5 June 2025, Ouano argued that Cortes’ protest was insufficient in form and substance and that Cortes failed to demonstrate how the alleged irregularities could overturn his margin of victory.

   After a series of preliminary conferences, hearings, and submission of memoranda by both parties, the commission reviewed the case.

    It found that the alleged anomalies largely involved technical issues of election machines or procedural incidents that did not constitute fraud or irregularities sufficient to warrant a recount.

    These included routine processes such as re-feeding rejected ballots, troubleshooting paper jams, or handling VVPAT non-printing incidents, all of which complied with COMELEC guidelines.

The Comelec First Division concluded that the protest lacked the detailed factual allegations required by the rules. Its order reads: “For failing to comply with the mandatory form and content requirement of Section 7(g), Rule 6 of Comelec Resolution No. 8804, which mandates a detailed specification of acts or omissions constituting electoral fraud or anomalies.”

Consequently, the First Division applied Section 9(b), Rule 6 of the same resolution, which allows for summary dismissal of petitions that do not meet formal requirements.

The order, dismissing the election protest, was signed by Presiding Commissioner Aimee P. Ferolino, with Commissioners Ernesto Ferdinand P. Maceda Jr. and Maria Norina S. Tangaro-Casingal, concurring.

CORTES DISAGREES

    In response, Cortes expressed his strong disagreement with the ruling on his social media page on January 28, this year, stating that the dismissal came despite the presence of numerous sworn testimonies, documented incidents, and evidence of serious irregularities during the elections.

Pointing to what he described as a close margin of around 7,101 votes and more than 20,000 ballots he considers questionable, Cortes reiterated his call for a transparent manual recount, stressing that elections should be decided by actual ballots rather than technical grounds.

    Cortes said he plans to file a Motion for Reconsideration, asserting that the people of Mandaue City deserve a transparent and manual recount.

    “I draw strength from the fact that the Supreme Court has twice granted me Temporary Restraining Orders in the past when my candidacy was unjustly threatened. This signified that my fight is rooted in fairness, due process, and respect for the people’s will,” the former mayor said.

  Cortes said that elections must be decided by actual ballots, not by machines, shortcuts, or technical dismissals. “This is not about politics. This is about truth, accountability, and the right of every voter to be heard,” the former mayor said. (CEBU NES)